In a recent television interview, House Speaker Nancy Pelosi blamed the President for a perceived failure of energy and fiscal policy. The media outlet conducting the interview allowed her to shift the blame. Presidential power does not include the power to legislate. Congress posseses the power to legislate. A lack of leadership and an inept use of the bully pulpit may be attributable to the president but not the failure of legislation. A review of the role, duties, and responsibilities of Congress will highlight this error.
Inherent Power
According to Henry Campbell Black in Black’s law dictionary (Vol. 8), the definition of inherent power is “a power that necessarily derives from an office, position, or status.” Though the President may have persuasive power through the bully pulpit, Congress can garner much in the form of inherent powers.
The Federalist Papers – Inherent Powers
According to the Federalist Papers, the power surrendered by the people, is first divided between two distinct governments (the legislative and the executive). Within Congress, power is again divided into two parts, the House of Representatives and the Senate. By possesing the power to legislate, Congress inherently has access to the pockets of the people. The founding fathers knew that Congress could levy high taxes and pass intrusive bills. They purposely divided its power into two parts and among 535 people. The power over the purse is the strongest of the inherent powers.
Expressed Power or Enumerated Powers
Expressed power is that delegated power of the National Government that is spelled out in the constitution; also called the "enumerated powers." The Constitution makes the legislative branch extremely powerful with its expressed powers.
The Constitution – Expressed Powers
According to Article I, the Congress shall have the power to:
- Originate all bills for raising revenues
- Collect taxes, duties, and excise, pay debts, and provide for the common defense
- Borrow money on the credit of the United States
- Regulate commerce with foreign nations and among states
- Establish a uniform rule of naturalization
- Establish a uniform rule of bankruptcy
- Coin money
- Promote the progress of science and useful arts
- Establish tribunals inferior to the Supreme Court
- Declare war (Congress adjusted this power with the War Powers act)
- Raise and maintain the military
- Make all laws necessary for the execution of our constitution and government
- Override Presidential veto with two-thirds majority vote.
- (Additional expressed powers)
A review of these expressed and inherent powers show that Congress is responsible for most of the issues (except war) that come up in the media. The Speaker of the House should not be allowed to blame the President for the failures of Congress.
Congressional Elections
Voters should demand accountability from their congressmen. Excessive spending and incoherent policies are solely the blame of the Congress. The President can propose legislation but he cannot pass or initiate a single bill. James Madison says “No man can be a legislator who does not add to an upright intention and a sound judgment, a certain degree of knowledge of the subjects on which he is to legislate.” Voters should elect knowledgeable and competent candidates. Congress can be extremely powerful if it chooses to exercise its power.
