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Changing roles and powers of Congress Simplified Revision Notes

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18.6.1 Changing roles and powers of Congress

Law-Making Power

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Congress's primary function as the legislative branch is to create and pass laws. Over time, this role has become more complex due to increasing procedural hurdles and the growing influence of political dynamics. For example, the 116th Congress was notably unproductive, passing only a few significant pieces of legislation such as the CARES Act during the COVID-19 pandemic. This trend reflects a broader challenge in Congress's ability to efficiently produce legislation.

The committee system remains a vital component of the legislative process. Standing committees specialize in specific policy areas and are responsible for the detailed scrutiny of bills. These committees play a crucial role in determining which bills progress through Congress, but they also face limitations—they cannot legislate independently or implement policies directly. The influence of committees is therefore substantial but not absolute.

Representation of Constituents

Each member of Congress is elected to represent a specific district or state, making them directly accountable to their constituents. However, the effectiveness of Congress in fulfilling this representative role can be influenced by factors such as gerrymandering and the influence of money in politics. Gerrymandering has led to the creation of safe seats, which can reduce competitiveness in elections and make Congress less responsive to changes in public opinion.

While Congress has become more diverse over time, it still does not fully reflect the demographic makeup of the U.S. population. This disparity can affect the institution's ability to represent the interests of all Americans equally. The ongoing debate about the influence of special interest groups and campaign donors further complicates Congress's role as a representative body.

Oversight of the Executive

Congress has a critical role in overseeing the executive branch, ensuring that laws are implemented effectively and that executive actions are held accountable. This oversight function is primarily carried out through investigations, hearings, and the confirmation process for executive appointments. For example, Senate committees play a crucial role in confirming Supreme Court justices and cabinet members, acting as a significant check on the President's power.

The effectiveness of congressional oversight varies depending on the political environment. In periods of unified government, where the President's party controls Congress, oversight may be less rigorous. In contrast, divided government often results in more aggressive oversight, as seen in the increased number of investigations and hearings during such times.

Budgetary and Funding Power

Congress holds the power of the purse, giving it significant influence over federal spending and the budget. This power allows Congress to fund or defund government programs and agencies, making it a critical player in shaping domestic policy. The control over the federal budget is one of Congress's most powerful tools in influencing policy and holding the executive branch accountable.

The ability to control funding directly impacts the implementation of laws and policies. For instance, Congress's refusal to fund certain initiatives can effectively block them, even if they have been passed into law. This power is particularly important in areas like defence spending, social programs, and infrastructure development.

Foreign Policy Influence

While Congress has substantial power over domestic policy, its influence over foreign policy is more limited. The President has significant autonomy in this area, often enacting foreign policy decisions through executive orders and agreements without requiring Congressional approval. However, Congress still plays a role, particularly through its powers to declare war, regulate international commerce, and control foreign aid and military funding.

The Senate has a specific role in ratifying treaties, requiring a two-thirds majority to approve any treaty negotiated by the President. This gives Congress some leverage in foreign policy, although the President's ability to bypass this requirement through executive agreements has somewhat diminished this power.

Institutional and Procedural Changes

The role of leadership within Congress, particularly that of committee chairs, has evolved. Committee chairs have significant control over the legislative agenda within their committees and play a crucial role in determining which bills move forward. However, their influence is often shaped by internal party dynamics and the broader political environment.

The House Rules Committee is especially powerful in the House of Representatives, as it controls the flow of legislation to the floor for debate. The committee's decisions on which bills are prioritized can significantly impact the legislative process and the overall effectiveness of Congress.

The growing complexity of issues facing Congress, coupled with increasing partisanship, has made it more difficult for the institution to function as effectively as it once did. This has led to a shift in how Congress operates, with more power being concentrated in leadership positions and committees, while the overall productivity of Congress has declined.

Conclusion: The Changing Role of Congress

The roles and powers of Congress have changed significantly over time, influenced by various internal and external factors. While Congress remains a central institution in American governance, its effectiveness in fulfilling its traditional roles has been increasingly challenged by factors such as partisanship, changes in leadership, and the growing complexity of modern governance. Understanding these changes is crucial for analyzing the current state of Congress and its ability to serve the American people effectively.

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