Presidential and Congressional Powers
In the simplest of terms, the differences in powers between Congress and the President is that Congress makes laws and the President enforces them. But, that description does a great injustice to the complexities of the roles of each. Congress is granted "all legislative powers" by Article I, Section 8 of the Constitution. Those powers include the making of laws, coining money, declaring war, regulating interstate and foreign commerce, and maintaining the military. The powers of the President (Executive Branch) are outlined in Article II of the Constitution. They include the power of appointment and removal, the creation of executive orders, limited legislative powers, veto power, pardoning power, power to make treaties, and military powers separate from those of Congress. Both sets of powers, in conjunction with the Judicial Branch, form a balance of powers within the Federal Government. It is the purpose of this paper to examine, in more detail, the nature of the powers vested in Congress and the President.
CONGRESS
Congress is divided into two divisions, the House of Representatives and the Senate. Both houses have different powers but must jointly approve all legislation. Congress united has the responsibilities noted above. Additional powers include establishment of taxation and spending policies, the authority to investigate and oversee the...
The power to impeach the President, the power to approve Presidential treaties (Senate only), the ability to form and fund the military and to declare war are also granted to Congress.
The legislative process is divided into three forms of legislation: joint resolutions, acts, and treaties. The spirit of the powers of congress is to reflect the aggregate needs of the people through direct representation. Direct representation comes primarily from the House of Representatives (who are elected to 2-year terms) who have the greatest contact with their constituents and, due to their short terms, are considered to be less corruptible and swayed by other branches then perhaps is the Senate. The spirit of the congress then is to make laws and decisions that directly reflect the needs and best interests of the constituency.
The other, perhaps unnoticed, powers of congress include responsibility for the Post Office, enforcement and protection of patents, the ability to borrow money (move the economy into a deficit), to fix the value of currency, to prosecute crimes against international law, and to regulate all commerce. Again, these powers are given with the specific goal in mind to promote the function of the government and to establish a framework of law and order in which the entire nation can…
