American Government Congress. Referring to Constitution Essay

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The American constitution distinctly specifies powers that are bequeathed to the congress and those that are not. Enumerate powers, for instance confer on the congress the sole authority to pronounce wars and levy federal taxes. Also the congress is granted ‘implied powers’ that allow it to usurp other powers when passing laws that may conflict with states statutes. Even so, the congress’ authority is limited as it cannot pass ex facto laws; any law which outlaws an act after it has been committed. Congress can’t also pass bills of attainder; statutes that legalize punishment of wrong doers outside the courts structure. Moreover, Congress does not have any authority to suspend the writ of habeas corpus; a court order compelling the federal government to charge arrested persons in court.

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The American congress has five main functions. They include legislative representation of the people of the federal States that make up the U.S.A., helping constituents, enacting federal laws, educating the public on federal matters and performing oversight duties on the executive and the Senate. Members of the congress are expected to uphold norms in order to be adjudged fit and competent to represent the people. Being an elective position, congress man and woman woos their electorate every two years to either get to Capitol Hill in Washington, or remain there. Congress men and women therefore make every effort to attune business on the floor of the house to the perspective of their constituents. Consequently, three theories prescribe how a member of congress should carry him/herself. These include organizational, representational and attitudinal theories.

The representational theory presumes that members wish to be re-elected and hence vote to please their constituents. The electorate makes clear their view on issues, therefore a legislator’s vote attract its attention and is markedly noted; with potential political repercussions. On the other hand, the organizational theory presupposes that most of the constituents do not know much of what their legislator voted on thus there isn’t any need to please them but there is need to please the legislators who vote to please fellow members of congress, either through party lines or ideology. The attitudinal theory supposes that there are conflicting pressures on the members which cancel out one another making them vote on their belief of what benefits them.

The congress has two distinctive powers granted by the constitution. They include Enumerated and Implied Powers. These powers are subdivided into four major categories; trade regulation powers gives congress the responsibility to regulate foreign and interstate trade but it does not give it any authority to make laws which may benefit trade between states. Congress is also granted with fiscal powers which confer the responsibility to collect taxes and levies from federal states. The money collated is used to settle the country’s debts, provide for the well being of the nation and fund the nation’s military expenditure. Further, congress is bestowed with military powers with which it is responsible for the defense of the country through the establishment of military force.

The congress has the authority to establish military laws, organize and arm personnel and ensure that military operations are enforced. This power is jointly shared with the president though the declaration/pronunciation of war is a solely lies with the congress. The congress is also mandated the power to establish post offices to ensure smooth delivery of mails within the infrastructure. Also the congress is mandated to establish agencies that keep the country running smoothly. Consequently, congress can investigate any extenuating national issue as it is charged with supervision and mitigation of a balance in the executive and judicial branches. The country’s supreme law grants congress the powers to establish the federal court systems which maintain law and order throughout the United States of America.

The congress; house of representative has gone through six phases in the American history. The first phase; during the administrations of the first three presidents, the house of representatives was regarded as a group of people whose powers overshadowed the senate. The second phase; in the late 1820s during the Andrew Jackson’s term in office; he was known to veto bills when a policy opposed him. The fight about slavery together with the civil war crushed party unity and divided the members, further limiting the speaker’s powers. Subsequently, radical republicans imposed harsh sentences on post civil war convicts who came from the south, an indication of the weakened leadership in the House of Representatives.

The third phase came towards the end of the 19th century. The speaker had regained his powers. Tomas B. Reed obtained more authority through the vote of his party in the house. As the chair of the rules committee, he was mandated to choose who was to speak and who wasn’t to speak. Though his successor, Joseph Cannon, tried to further this tradition in the year 1903, the conservatives were more than the republicans in the house. The fourth phase saw the members’ revolt against the speaker, Czar Cannon. The house powers were subsequently distributed amongst the Chairman and Rules Committee respectively. Then it progressed to individual empowerment in the fifth phase when members began to change rules so as to limit the powers of the chair. As the committee chair became more elective, the holder could not refuse to convene meetings since they would be held accountable. The sixth phase made things even more difficulty than before. This is because most of the congress men were not doing their own biding.

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Currently, the senate is controlled by the democrats while the House of Representatives is controlled by the republicans. The major political issues defined in this year’s congressional elections were immigration and debt crisis bedeviling of the nation. This year’s election outcome may impact these issues where the leaders’ elect will have to consider ways in which to curb immigration and the spiraling the national debt respectively.

The national media has three foremost roles in regards to politics; being watchdogs, gatekeepers, and scorekeepers. As watchdogs media scrutinize the loop holes that politicians can seize on, changing their course in fulfilling the requirements of the law. Gate keeping entails making sure the fourth estate keeps abreast of everything; bills that the law makers pass in the house, scrutinizing their significance and relevance to the citizenry. The media is a scorekeeper in that it guarantees every candidate reach to the electorate via print and electronic mass media.

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IvyPanda. (2022) 'American Government Congress. Referring to Constitution'. 4 January.

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IvyPanda. 2022. "American Government Congress. Referring to Constitution." January 4, 2022. https://ivypanda.com/essays/american-government-congress-referring-to-constitution/.

1. IvyPanda. "American Government Congress. Referring to Constitution." January 4, 2022. https://ivypanda.com/essays/american-government-congress-referring-to-constitution/.


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