The legislative branch can check the power of the executive and/or judicial in the following ways:
- power of the purse (executive)
only Congress controls appropriations (bills that direct funds to a specific purpose)
- advice & consent (executive & judicial)
treaties, government officials, justices of the court are appointed by the President with the consent of the Senate
- impeachment (executive & judicial)
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| Rough diagram of the impeachment process |
- amendments (judicial)
only Congress can propose an amendment to the Constitution
- veto override (executive)
Congress can override a Presidential veto of legislation with 2/3 support in both Houses
- Congressional oversight
Congress can hold hearings, conduct investigations, etc regarding what various other elements of the government are doing
Let's quickly review the various powers of Congress: Article I Section 8
Expressed (Enumerated) A1 S8 C1-17
Inherent
Implied A1 S8 C18
And don't forget the powers denied to Congress: Article I Section 9
Now let's examine the Expressed Powers in detail
Article 1 Section 8 Clause 1 - power to levy taxes (remember sources of tax revenue)
Clause 2 - power to borrow money (borrowing can lead to deficits)
Clause 3 - power to regulate commerce (commerce clause; Gibbons v Ogden; HofA v US)
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Clause 11 - power to declare war (War Powers Act)
Clause 12 - raise an army
Clause 13 - raise a navy
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Clause 18 - to do what is necessary & proper (necessary & proper clause/ elastic clause)
This gives implied power and we will look at that next time.
