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How Congress overtime has relinquished its power to the executive and judicial branches

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The United States Congress is the confederal legislature of the United States that comprises two

houses: the senate and the house of representatives. Congress was established under the United

States constitution of 1789. Its structure was then separated from the judicial and executive

branches of the government. The Senate house is where the state is represented by its two

senators, regardless of its size. That is whether it is a large or small state. The house of

representatives is where members are elected based on the population in the states.

In the United States constitution, Congress has its powers that are laid out. They include the

ability to borrow money on the United States credit, lay and collect taxes from the citizens of

America, coin money, and regulate the nation's economy and commerce. Also, Congress has the

power to raise and support armies, declare war, and make all necessary laws to execute its

capabilities. The two chambers might be separate houses, but they play an equal role in enacting

the United States laws. For this reason, they share some aspects of business in Congress that

require them to take joint action.

Congress has its functions and roles that are also laid out in the constitution. They include

“assembling once a year on each 3rd January.” (U.S Const. amend. 12). Congress also must

assemble the senate and house of representatives to count the electoral votes for the president

and vice president of the United States. Both houses also share common interests like matters of

general accounting, congressional budget, and government printing.

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All these powers accorded to Congress are separate from the executive and judicial branches of

the United States government. The executive branch of the government is carrying out and

enforces the laws that are made in Congress. It comprises members that include the United States

president, the cabinet, independent agencies, executive departments, commissions, committees,

and other boards. Most of the work carried out in the executive branch is done by the

committees, departments, and federal agencies.

The government's judicial branch interprets the meaning of the laws created, passed by Congress,

interprets the laws to individual cases presented to the judicial system, and decides whether the

laws violate the constitution. The judicial branch of the United States is made up of the supreme

court and other federal courts. The supreme court is the highest in America. It consists of nine

members, the chief justice, and nine associate judges nominated by the president and approved

by the senate. Congress establishes the federal courts as per the constitution to handle cases

involving federal laws like tax, bankruptcy, and lawsuits that affect the United States and state

governments.

As clearly stated above, Congress holds separate power from the judicial and executive branches

of the government. The founders of the government's components had set in place a system of

checks and balances by separating their powers. They primarily wished for the legislative

branch, including Congress, to hold the executive and judicial branches' primary authority.

Because the Americans were distrustful of the executive and judicial powers under the Great

Britain empire, they created articles under the first United States constitution without the

executive and judicial branches.

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However, Congress has overtime relinquished the powers accorded to it to the government's

executive and judicial branches. Congress does hold powers over the executive and judicial

branches. In terms of the executive branch, as a legislative branch, Congress can override a

prohibition of a specific law that was prohibited by the executive branch.

Moreover, Congress can control the presidential budget, approve presidential nominations,

impeach, and remove the president from their office. In regards to the judicial branch, Congress

appoints and confirms the appointment of justices and judges. Moreover, Congress may impeach

judges, amend the constitution, and change the federal court system's organization.

However, in recent years, Congress has relinquished some of its powers, especially its

dominance over the other branches, to the executive and judicial branches in several ways.

Congress has lost some of its capabilities as the check on the executive power. It began to slowly

relinquish its control to the executive branch after President Andrew Jackson was elected for two

terms in 1828 and 1832.

At this time, presidential power began to grow at the expense of Congress and has expanded and

lasted to date. Under Abraham Lincoln, during the civil war, presidential power grew more.

Moreover, presidential power also grew when Teddy Roosevelt was president during the battles

that occurred with the industrialists under Woodrow Wilson during World War I and Franklin

Roosevelt during the great depression and World War II. Congress has been gradually

relinquishing its powers to the executive branch since world war II. Congress has the power to

declare war. However, there was no congressional declaration of war during the Korean,

Vietnam and other conflicts.

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During the presidency of Donald Trump, the relinquishment of congressional power to the

executive branch was showcased. Since taking office, Trump made many unilateral decisions

that affected the whole nation with little push back from Congress. He walked away from the

Trans-Pacific partnership, Iran nuclear deal, and the Paris agreement on climate change.

Moreover, he imposed tariffs on Mexico, China, the European Union and Canada. Congress was

also unable to stop the president from starting a trade war with the United States allies and

China.

Congress has also relinquished its power to the judicial branch in several ways. During the

current Covid-19 epidemic, millions of dollars were directed into the battle to fill the supreme

court vacancy instead of helping the people. It is because, in recent times, the courts exert a

significant influence over national policy. The supreme court, in particular, has come to play a

role in policymaking, a position that is supposed to be undertaken by congress members. The

United States constitution has left more scope for the supreme court justices to fill in the blanks

left. It, in turn, empowers the supreme court making it more likely to engage in public policy.

In conclusion, Congress has relinquished its powers to the executive and judicial branches.

However, President Donald Trump may have set the trend for the end of the cycle where

Congress has abdicated its powers to the executive and judicial branch. He might have forced

Congress to take back its constitutional responsibility as the most powerful branch. Despite

complaints from democrats and some senate members, Trump shifted the responsibility of the

Iran deal's decertification, ending the DACA program, funding the rebuilding of United States

infrastructure, and cutting funding for the health care system Congress. They are all matters that

Congress is responsible for and helps it regaining back its power.

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References

Entin J.L. (1990) Separation of powers, the political branches, and the limits of judicial review.

Faculty publications, 51(1), 175-228.

https://scholarlycommons.law.case.edu/faculty_publications/367

Clinton J.D., Bertelli A., Grose C.R., Lewis D.E., Nixon D.C. (2011) Separated powers in the

United States: The ideology of agencies, presidents, and Congress. American journal of political

science, 56(2), 341-354. https://doi.org/10.1111/j.1540-5907.2011.00559.x

Rovine A.W. (1977). Separation of powers and international executive agreements. Indiana law

journal, 52(2). https://www.repository.law.indiana.edu/ilj/vol52/iss2/6