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The Will of the People: Readings in American Democracy

Legislative Branch

The rallying cry of the American Revolution was "No taxation without representation." The colonists resented the power of King George III to impose taxes on American commerce when they had no directly elected representatives in the British Parliament. They also feared that a king with absolute power over Parliament could easily become a tyrant who ignored the will of the people.

With that in mind, the authors of the Constitution sought to limit the power of the president by creating a strong legislative branch consisting of two separate houses. The lower house of Congress, known as the House of Representatives, is made up of delegations whose members are elected directly by the citizens of each state. The size of each delegation is based on the population of the particular state it represents. The upper house of Congress, or the Senate, comprises 100 senators, two elected directly from each state. Together, the two houses have the sole power to enact and amend laws concerning a wide range of issues, including taxation, commerce, and war, as well as such government services as the national highway system, welfare, and education. Although the president can prevent a bill from becoming a law by veto, both houses can enact the law afterward with a two-thirds vote.

Despite the establishment of a strong legislative branch, the power of Congress has been tested often by the president. The articles in The Christian Science Monitor show that this has been particularly true during much of the twentieth and early twenty-first centuries. The necessity for rapid and effective presidential leadership in an increasingly complicated and dangerous world can interfere with the constitutional requirement that Congress review and investigate all presidential actions. The fundamental power of congressional restraint is the Constitution's guarantee against a tyrannical president.

The Christian Science Monitor Archive Articles for U.S. Constitution,
Article I (Legislature)

Section 2: "The House of Representatives shall be composed of members chosen every second year by the people of the several states"

A Plan For Cleaner Politics Mark Green

Section 2 of Article I proclaims that the people shall elect the members of the House of Representatives. Green warns that increasing congressional corruption undermines the electoral process with institutionalized bribery, special interest groups, and campaign contributions of "soft money." To advance democracy and ethics, he offers seven proposals to make Congress more accountable to the will of the people.

Section 2: "The actual enumeration shall be madewithin every subsequent term of ten years, in such a manner as they shall by law direct."

Capital Debates How U.S. Takes Roll James N. Thurman

Every 10 years since 1790, Congress has conducted a census of the U.S. population, the purpose of which is set out in Section 2: to determine representation and taxation. This process remains highly controversial since it determines how much federal money goes to each state for roads, schools, and welfare, as well as how many seats each state has in the House of Representatives. Many critics argue that the census is highly inaccurate because it undercounts individuals and families who live in poverty or are homeless. Others insist that the overall process of counting more than 280 million Americans has become too expensive. However, the census continues to be the most effective means for observing the changing mosaic of the American people.

Section 2: "The House of Representatives shall choose their Speaker and other officers"

Lessons From An Embattled Speaker Lawrence J. Goodrich

Although originally intended as a ceremonial position, the Speaker of the House has become one of the most powerful political positions in the United States. Goodrich reviews the rise to power of one recent Speaker of the House, Newt Gingrich, who served from 1995 through 1999. Goodrich points out that the power of this position transformed Gingrich from a polarizing political rebel into a more moderate team player.

Oversight vs. Glitzy Investigation Lee H. Hamilton

Nowhere in Article I does the Constitution address the establishment or role that congressional committees can play in investigating the actions of the executive branch. Today, these committees play a significant role in determining whether the president effectively implements the laws passed by Congress. In the three decades since the Watergate scandal, hostile congressional investigations have increased dramatically, drawing criticism that they are motivated only by partisan politics. Hamilton offers 10 lessons for restoring oversight as the primary function of congressional investigations.

Section 3: "The Senate shall have the sole power to try all impeachments."

Governing by Investigation Daniel Schorr

Bill Clinton was the first president of the twentieth century to be impeached by Congress. Section 3 empowers the Senate to impeach, or bring to trial, any elected official accused of wrongdoing. Although Clinton was impeached, he was not found guilty of the charges against him. Schorr worries that over the last two decades Congress has become more willing to initiate impeachment investigations against presidents for partisan political reasons. This trend has created new positions for special prosecutors or independent counsels with power left unchecked by either the executive or the judicial branches.

Section 4: "The times, places, and manner of holding elections for senators and representatives shall be prescribed in each statebut the Congress may at any time by law make or alter such regulations"

The Cost of Winning Over the Voters: $3 Billion David R. Francis

Financing political campaigns is another aspect of congressional elections on which Article I is silent. Nonetheless, it does empower Congress to regulate the manner in in which elections are conducted. Francis points out that the large financial contributions necessary for winning today's elections erode democracy. Efforts to reduce the sizable contributions of special-interest groups have not stopped either their influence or the resulting high costs of running successful campaigns.

Section 5: "Each house shall keep a journal of its proceedings"

Wiring Washington: Capitol Hill Challenges Beverly Hills 90210 Peter Grier

Rapid changes in science and technology have made the day-to-day work of Congress more accessible to the American people. Originally, Section 5 required both houses to keep a record of their proceedings and make them available to the public in the form of the Congressional Record. Today, television and congressional Web sites, including Thomas at the Library of Congress site, enable Americans to know what is happening in Congress as it happens. Grier discusses whether these real-time changes will increase public participation in our representative democracy.

Section 7: "Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States."

The Line-Item Veto Is Stuck? Good. Jerome Grossman

Under Section 7, both houses of Congress must submit all legislation to the president for a final review. If a bill is vetoed, it goes back to the house that passed it and must pass again by a two-thirds majority. If not, the entire bill dies, including those elements on which the president and Congress agree. Many presidents have asked Congress for a "line-item veto" so they can pass parts of the bill while vetoing others. Grossman believes that this approach would give the president too much power, by undermining the legislative role of Congress.

Section 8: "The Congress shall have powerto regulate commerce with foreign nations, and among the several states"

The Telecom Revolution: At What Price? Alexandra Marks

Before the ratification of the Constitution, the federal government had little power to regulate commerce within or between the 13 states. Each state was free to set high tariffs, or taxes, on products from other states. Section 8 gives Congress the power to regulate commerce, including taxation. Yet regulating commerce remains a controversial issue. The Telecommunications Act of 1995 is a good example. Supporters declare that interference by Congress will reduce the competitive edge of the American telecommunications industry in the global economy. Critics reply that lifting regulations will put the considerable influence of the media into fewer and more powerful hands.

Section 8: "The Congress shall have powerto establish a uniform rule of naturalization"

English-As-National-Language Debate Forges Ahead

In a nation of immigrants, it is Congress that decides who is eligible for American citizenship. Although Section 8 states that Congress is solely responsible for this, it does not list the actual requirements for citizenship. As a result, this issue has been hotly contested throughout our history. Over the last decade, as the United States absorbed 9 million new immigrants, Congress has debated the idea of declaring English the national language—that is, making learning to read, write, and speak English well an essential requirement for becoming an American citizen. Critics argue that all aspects of different cultures, including language, should be tolerated in our representative democracy.

Section 8: "The Congress shall have powerto declare war"

Declare War Before Going to War Doug Bandow

During the American Revolution, the colonists resented the power of King George III to declare war without the consent of Parliament. This is reflected in Section 8, which permits Congress, not the president, to declare and finance wars against other nations. In the post-9/11 world, some Americans believe Congress is too large and slow to respond effectively to military threats such as surprise attacks. Consequently, they argue that the president should be free to quickly commit our nation to war. Others echo the concerns of those who wrote the Constitution and argue that the president, if acting too quickly, could endanger the United States or, if tempted by such awesome power, could threaten the liberties guaranteed by the Bill of Rights.

Section 8: "The Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers"

Congress Makes It Easier to Snoop Seth Stern

The significant growth of the executive branch throughout the twentieth century has severely limited the ability of the legislative branch to restrain the power of the president. Two restraints remain, nonetheless. First, the president must submit an annual budget before Congress. This so-called power of the purse grants Congress the right to refuse funding to any executive program or policy that it does not support. Second, only Congress can enact laws. The president must seek compromise with congressional leaders through constant negotiation. During times of crisis, Congress and the president often agree to work closely together. But even during a war or an economic crisis, Congress and the president have disagreed significantly on possible courses of action.