Congress Powers: Exclusive and Concurrent (OCR A-Level Politics): Revision Notes

18.2.1 Congress Powers: Exclusive and Concurrent

Senate	House of Representatives	Shared (Concurrent) Powers
Confirms presidential appointments (judiciary, cabinet)	Initiates money bills	Power of the purse (taxation and spending power)
Ratifies treaties by a two-thirds majority	Impeaches members of the executive and judiciary	Co-equal in the passage of legislation
Tries cases of impeachment (determines guilt)	Elects the President if the Electoral College is deadlocked	Override presidential vetoes with a two-thirds majority
Elects the Vice President if the Electoral College is deadlocked		Initiate constitutional amendments
		Must agree on declarations of war
		Confirm a newly appointed Vice President

Powers of the Senate, House of Representatives, and Shared Powers

• Confirmation of a Vice President: Both houses must confirm a newly appointed Vice President, as occurred with Gerald Ford in 1973 and Nelson Rockefeller in 1974.
• Declaration of War: Both houses must agree on declarations of war. Congress has formally declared war five times, the last being in 1941.
• Constitutional Amendments: Both houses can initiate constitutional amendments, which must be approved by a two-thirds majority in each before being sent to the states for ratification.
• Veto Override: Both houses must vote by a two-thirds majority to override a presidential veto. This power was exercised in 2007 to override President Bush's veto of the Water Resources Development Bill and in 2008 to override his veto of the Farm Bill.
• Legislative Process: Both houses are co-equal in the passage of legislation. For a bill to become law, it must pass through all stages in both houses and be agreed upon in identical form.
• Power of the Purse: Both houses share the power of taxation and spending, which begins in the House of Representatives. This includes discussing and deciding on federal budgets and expenditures.

Exclusive Powers of the House of Representatives

• Initiate Money Bills: The House has the exclusive power to initiate money bills, which decide how federal money is spent.
• Impeachment: The House holds the power of impeachment, allowing it to accuse members of the executive and judicial branches of wrongdoing. This power has been used 19 times, most famously against President Clinton and more recently against Judges Kent and Porteous.
• Elect the President: If the Electoral College is deadlocked, the House elects the President. This has happened twice in American history, in 1800 and 1824.

Exclusive Powers of the Senate

• Confirm Presidential Appointments: The Senate has the sole power to confirm presidential appointments, including judges to the Supreme Court and Cabinet secretaries. For example, the Senate rejected Robert Bork for the Supreme Court in 1987 and John Tower as Defence Secretary in 1989.
• Ratify Treaties: The Senate has the power to ratify treaties negotiated by the President, requiring a two-thirds majority. For instance, the Senate ratified the Strategic Arms Reduction Treaty (START) in 2010 but rejected the Treaty of Versailles in 1919 and SALT II in 1979.
• Try Impeachment Cases: The Senate tries cases of impeachment to determine guilt, requiring a two-thirds majority for conviction. While the Senate acquitted President Clinton in 1999, it found Judge Porteous guilty on four counts in 2010.
• Elect the Vice President: If the Electoral College is deadlocked, the Senate elects the Vice President.

Enumerated Powers

Powers Given to Congress in the Constitution

Power	Constitutional Basis	Power & Impact	Example
Power To Declare War	Article I, Section 8 grants Congress the exclusive power to declare war.	This authority allows Congress to decide whether the United States will engage in formal warfare. It acts as a critical check on the President's power as Commander-in-Chief, ensuring that the decision to go to war is a collective, representative one.	A historic use of this power was the Congressional declaration of war against Japan in 1941, following the attack on Pearl Harbour, leading the U.S. into World War II.
Power To Ratify Treaties	Article II, Section 2 requires that all treaties made by the President must be ratified by two-thirds of the Senate.	This power provides Congress, particularly the Senate, with significant influence over the country's international agreements. It ensures that the President's treaty-making decisions align with broader national interests represented by the Senate.	The Senate's ratification of the North Atlantic Treaty in 1949, which established NATO, is a prominent instance where this power was exercised to shape international military alliances.
Regulation Of Foreign Commerce	Article I, Section 8 gives Congress the power to regulate commerce with foreign nations.	This authority allows Congress to influence international trade policies, impose tariffs, and enact sanctions. It's a vital tool for shaping economic relations and responding to global economic issues.	The passage of the United States-Mexico-Canada Agreement (USMCA) in 2020 serves as a modern example. This agreement, which replaced the North American Free Trade Agreement (NAFTA), was a significant legislative action by Congress that reshaped trade relations between the United States, Mexico, and Canada.
Power of the Purse	Article I, Section 8 grants Congress the power over taxation and the authority to appropriate government spending.	This power gives Congress significant control over defence and foreign aid budgets, allowing it to influence foreign policy through fiscal means. It can approve, modify, or reject funding for military actions and foreign aid programmes.	In 2019, Congress voted to block or limit military aid and arms sales to Saudi Arabia in response to the humanitarian crisis in Yemen and the killing of journalist Jamal Khashoggi. This action by Congress was a direct response to the Trump administration's foreign policy, which had continued to support Saudi Arabia with arms sales and military assistance.
Impeachment Power	Article II, Section 4 and Article I, Sections 2 and 3 give Congress the power to impeach and remove the President, Vice President, and all civil officers for "Treason, Bribery, or other high Crimes and Misdemeanours."	This serves as a check on the President's conduct in foreign affairs, ensuring accountability and adherence to the law. It's a critical mechanism for Congress to address serious abuses of power.	A notable instance was the impeachment inquiry of President Richard Nixon, partly due to actions surrounding the Vietnam War. Although Nixon resigned before he could be impeached, this event demonstrated the power of Congressional oversight in foreign policy matters.
Oversight and Investigative Powers	While not explicitly outlined in the Constitution, Congress' oversight and investigative powers are implied through its legislative functions and responsibilities.	These powers enable Congress to monitor, review, and supervise federal agencies and programmes, including those related to foreign policy. Congressional committees conduct hearings, investigations, and studies to ensure executive compliance with the law and efficient use of public funds. This oversight is crucial for maintaining transparency and accountability in foreign policy decisions and operations.	In 2017, multiple Congressional committees, including the Senate Intelligence Committee and the House Intelligence Committee, initiated investigations into allegations of Russian interference in the 2016 U.S. presidential election and possible connections between Russia and presidential campaign officials. These inquiries involved extensive hearings, the review of classified information, and the summoning of key witnesses.
Confirming Appointments	Article II, Section 2 of the Constitution requires that major appointments made by the President, including Ambassadors, public Ministers, and Consuls, be confirmed by the Senate.	This power allows the Senate to influence the composition of key diplomatic and foreign policy positions. It acts as a check on the President's appointment power, ensuring that appointees are qualified and suitable for their roles in representing the United States in international affairs.	In January 2021, the U.S. Senate confirmed Antony Blinken as Secretary of State in the administration of President Joe Biden. Blinken's confirmation followed a nomination process where he was scrutinised by the Senate Foreign Relations Committee, which evaluated his qualifications, policy views, and vision for U.S. foreign policy. His confirmation by the Senate allowed President Biden to implement his foreign policy agenda with a trusted and aligned Secretary of State.