Legislative Control of Bureaucracy It is fair to say that the Constitution makes the legislative branch of government, also interchangeably referred to as Congress, the source or author of federal administration (Willoughby 1927; 1934). Establishing, empowering, structuring, staffing, and funding federal agencies all rest on the legislative branch. Article I, section 9, clause 7 is clear in that “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.” Article II, section 2, clause 2 demands that all federal positions not distinctively established by the Constitution “shall be established by the Law.” The objective of these provisions were composed to restrain presidential power. The president cannot constitutionally take any money from the Treasury in the absence of an appropriations statue; the president cannot create or legally empower a single administrative office without delegated legislative authority. The legislative branch of government has substantially enhanced it role in federal administration, relying solely on its constitutional powers. In theory, it’s the responsibility of Congress to oversee and maintain adequate control to assure that agency regulations and standards are consistent with legislative content. There’s several ways Congress achieve this task. Congress exercise more control by being more specific regarding what it expects from the agency. Congress also, put forth some form of veto or modification of
The government of the United States of America is a federal constitutional republic. In layman 's terms, this means that the country 's national, central government and the smaller, unitary governments of the fifty states are co-equal in their power, and that the citizens of America have a say in public policies by electing representatives who voice their respective opinions. More importantly, both the central government and the state governments are subject to the supreme law of the Constitution. Under this document, the central government is set up into three branches (the legislative, executive, and judicial) that are meant to check each other and balance out power. Their cooperation insures that the national government 's control is appropriate, and does not infringe upon the rights of the average American citizen.
When the founders were creating the Constitution for the new nation they wanted to keep the freedoms of the United States but wanted to have a strong government. They thought the best way to get a strong government but to keep the people’s rights were to create the three branches of government. The three branches of government are Executive, Legislative, and Judicial Branch. Legislative makes laws, Executive enforces the laws, and the Judicial branch explains the laws. Know we will key on the Legislative Branch.
The leaders at the Constitutional Convention in 1787 desired an unbiased, fair government. They believed they could keep a strong yet non-oppressive government form by creating three divided branches. The branches are the legislative, judicial and executive branches. The legislative branch is led by Congress which is split up into the Senate and the House of Representatives. The judicial branch is fronted by the Supreme Court. The executive branch is headed by the President of the United States. The three separate branches are necessary because it forms a sense of stability for the different motives of the different divisions.
The three branches of government stemmed from The Constitution. The creators of The Constitution wanted to have a document that explained how the government should be run. In this document it stated that there should be three branches, the legislative, judicial and the executive branches.
I believe the legislative branch has more power according to the constitution. One reason why i believe this is the legislative branch has more power The legislative branch makes the laws for the country. The power includes passing laws, spending bills, and approving treaties. If the President vetoes the law, then the House and Senate can vote again on it. If 2/3rds of both approve, it can become a law anyway. Judges confirmed by the Senate.
Congress retains a number of special powers. It can act as a judicial body to impeach and try a president or other civil officer for misconduct. For example, the House of Representatives impeaches the official and Senate does a trial. Congress is also empowered to create and use administrative agencies and boards, such as the National Highway Traffic Safety Administration, to determine facts and to enforce its
The Legislative branch is headed by Congress which consists of the House of Representatives and the Senate. They have the power to pass laws, originating spending bills, impeaching officials, and approving treaties. Article I has a huge influence over our country because of the enormous power that the Legislative branch possesses. Article I gives Congress its powers and limits. The Legislative branch principal mission is to make laws. Article I creates two sections of Congress which are the Senate and the House of Representatives. Creating two sections is important to the democratic principles because it prevents a single group or individual from having too much power. The Legislative branch also has the power to check and balance the other two federal branches. Article I also creates a democratic process of voting by selecting each House of Representatives and Senate of the United States. One meaningful aspect of article I is that it explains the duties of Congress regarding money, citizenship, and war. I strongly believe that article I is one of the most important articles because it establishes the responsibilities of the Legislative branch while also distributing the power so laws are passed democracy.
Congress has the power not only to make its own laws, but to refute the president’s laws if it is deemed necessary and to override presidential vetoes. According to the separation of powers, Congress is the legislative branch. It is the most powerful branch of government because it can control who is in the other two branches. It has the power to impeach members of the other branches. It can also change the judicial branch by changing the size or number of Supreme Court justices in the federal court system and reject nominees for the Supreme Court. “The U.S. Congress is the “first branch” of government under Article I of our Constitution, and is also among the world’s most important representative bodies,” (pg. 186). However, the executive
Congress’s power of the purse is the most influential tool of government deciding which areas deserve the most money and attention. If Congress disagrees with the president and they do not want to go to war, then they can simply cut funding. Additionally, Congress also has the most powerful check on the president: Impeachment. If the president is working outside of their constitutional boundries, they can impeach them and remove them from their office. Also, Congress can always get things passed without the president’s consent.
The Constitution’s separation of making laws help prevent the Legislative Branch from abusing their power. For a bill to be passed it has to go through the Senate and House of Representatives; the bill has to be approved in both houses of Congress. “Before it becomes a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it,” (I.7.2). For a bill becoming a law, it has to be passed through the Executive Branch. The President can either approve and sign the bill, or decline and send the bill back to Congress for revision. The Legislative Branch gets sent the unapproved bill and revise it until both the houses of Congress have a two thirds vote. The check on the Legislative Branch does not allow Congress to create laws that they
I believe that the legislative branch has the power because the President can make treaties with other countries. The Senate must confirm these treaties. According to the article“The President can give a speech to Congress on the “State of the Union,” and recommend laws that should be passed.”( section 3, article 2). I still feel that the president has a lot of power because he has the option to recommend laws.
In the budget appropriation process, Congress is granted influential powers from the constitution. In Article 1, Section 8, Clause 1, the power to control or limit federal spending is placed in the hands of Congress. This power is known as the “Power of the Purse”, which may be regarded as one of the most effective weapons by which representatives can be armed with (Whener, 2006). Its importance branches from the requirements Congress is granted for legislative approval of financial measures. Among the checks and balances of the government, this ability to maneuver and influence the budget is a democratic cornerstone. The “Power of the Purse” is Congress’s main weapon against Executive oppression by allowing congressional approval of appropriations (Whener, 2016). However, even
The Legislative branch is the most important branch of the state since is the only one that has the power to create laws, and is also the representation of the people. Firstly, the greatest power of this branch is creating and voting laws referring to the interest of the state and the people, also laws that are judged necessary and proper, according to the elastic clause of the Constitution. Also, Congress has the power to declare war and regulate taxes. Moreover, the Legislative branch can use the system of checks and balances on the other branches by limiting their power. To regulate the Judicial branch, Congress can refuse Judicial appointments and impeach judges. Furthermore, Congress can override a
According to Jillson (2016), "The president, Congress, and the courts limit the bureaucracy by placing detailed controls on personnel administration, accounting and financial management, government contracting and procurement, property management, and access to information." In the constitutional system the separation between powers, checks, and balances, the bureaucracy has taken direction from many sources. The president exercises control through his power of appointment, his power to propose new programs and budgets, and his power to restructure and reorganize (Jillson, 2016). Also, the president has three sources of control over the bureaucracy: he can use his power of appointment and removal to place loyal executives in the top layers
Congress created another organization for the President. This one was called the Executive Office of the President. One thing that happened was that the Bureau of the Budget, which was in the Treasure department, was moved to the Executive Office of the President. Congress is also responsible for providing the concept of a White House staff for the President to help him with all of the tasks delegated to him. However, the President has had the right to hire many of the people on his staff and the size of the staff changes with every presidency.