Power of Congress

The Federalist Papers stress that Congress must check presidential power to protect the constitutional balance. Federalist No. 51 by Madison highlights the need for each branch—legislative, executive, and judicial—to restrain the others and safeguard liberty. Madison emphasizes that Congress should monitor the President to prevent overreach, with impeachment serving as a key remedy for constitutional violations. Federalist No. 78 also notes that while the judiciary interprets the law, it is Congress’s responsibility to hold the President accountable through impeachment to maintain the integrity of the republic.

The Congress and the President have distinct roles in the United States political system, and while the President wields significant power, Congress possesses substantial authority that can be seen as greater in certain respects, which is why when a President begins to ignore the Constitution, terminate Federal civil servants, and close down Federal departments, it is vital to contact Congress to Take Action. However there are key aspects of how Congress holds more power than the President in various areas:

1. LEGISLATIVE AUTHORITY   
Law-Making Power: Congress, comprising the Senate and the House of Representatives, is primarily responsible for creating laws. While the President can propose legislation and influence the legislative agenda, only Congress has the authority to draft, debate, amend, and pass laws. This means that Congress can reshape policy even if the President disagrees.

2. CONTROL OVER THE BUDGET  
Power of the Purse: Congress has exclusive control over federal spending and revenue. The President can propose a budget, but Congress must approve it before it takes effect. This power allows Congress to allocate funds according to its priorities, essentially determining the scope and direction of federal programs and initiatives.

​3. OVERSIGHT AND INVESTIGATION POWERS 
Checks on Executive Power: Congress has the authority to conduct hearings, investigations, and oversight of the executive branch. This oversight function allows Congress to scrutinize the actions of the President and federal agencies, ensuring accountability and transparency. Congress can subpoena documents and testimony as part of its investigative powers.

4. TREATY APPROVAL
Senate's Role in Foreign Relations: While the President negotiates and signs treaties, the Senate must ratify them by a two-thirds majority. This gives the Senate significant power in shaping U.S. foreign policy and ensures that the President cannot unilaterally commit the nation to international agreements without legislative approval.

5. CONFIRMATION POWERS
Advice and Consent: The Senate has the authority to confirm presidential appointments for federal judges, cabinet members, and other key officials. This means that the President cannot unilaterally fill important positions without the approval of the Senate, giving Congress a critical role in shaping the leadership of the executive branch.

6. IMPEACHMENT POWERS
Checks on Presidential Misconduct: Congress holds the power to impeach and remove the President from office. The House of Representatives can initiate impeachment by a simple majority vote, while the Senate conducts the trial and must convict by a two-thirds majority to remove the President. This power acts as a significant check on presidential authority and misconduct.

7. AMENDMENT POWER
Constitutional Amendments: Congress can propose amendments to the Constitution with a two-thirds vote in both the House and the Senate. While the President can influence the discussion around amendments, he does not have a role in proposing them. This gives Congress substantial power over how the Constitution evolves.

8. PUBLIC OPINION AND REPRESENTATION
Direct Accountability to Voters: Members of Congress are directly elected by their constituents, making them accountable to the public. This electoral connection often empowers Congress to take actions reflecting the will of the people, whereas the President, while elected, may be seen as more insulated from direct public opinion due to the Electoral College system.

While the President holds significant executive powers, particularly in executing laws, conducting foreign policy, and serving as commander-in-chief, Congress maintains critical authority in law-making, budget control, oversight, and confirming key appointments. This balance of power is foundational to the system of checks and balances established by the U.S. Constitution, ensuring that no single branch of government becomes too powerful. Remember, Congress is accountable to the public. When the fundamental structure of our national identity are undermined or being destroyed and freedoms taken away—such as by closing down federal departments, violating the Constitution, or terminating crucial professional civil servants—it is crucial that citizens take action. Call on Congress to impeach and remove the President from office to safeguard the Constitution and ensure the protection of our rights, health, safety, and freedoms in the United States.

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Reference

• ​Fathers, F. (1995). The Constitution of the United States of America. Books of American Wisdom.
  
• Hamilton, A. (1788). Federalist No. 78.
  
• Madison, J. (1788). Federalist No. 51.
  

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