Our federal government is currently in a cost-cutting mode. President Trump and/or DOGE have recommended major funding reductions in a number of programs and departments. Most of the cuts being debated directly affect low-income people. Should we reduce or eliminate Social Security, Medicare, Medicaid, SNAP, federal student loans, veterans’ programs, school lunch, public radio and television, National Parks, etc.
News stories that announce these cuts often include phrases like “however, this program was established and funded by Congress.” It may be up to the courts to determine whether agencies created and funded by Congress can be eliminated by the Executive Branch.
Something that makes our Constitution a brilliant document is the separation of powers and checks and balances. This divides the duties of governance among the three branches and gives each branch some control over the other two. The legislative branch (Congress) makes laws, the executive branch (President) enforces them, and the judicial branch (Supreme Court) interprets them when settling legal disputes.
Article One of the Constitution establishes the Legislative branch, Congress, which is given the power to make laws. The House of Representatives and the Senate have seven specific powers: to introduce legislation, regulate commerce, levy taxes, declare war, approve or reject certain presidential appointments including judges, create policies under implied powers, and oversee the executive branch. They pass laws that are necessary and proper to carry out those powers.
Article One establishes procedures for passing bills. Congress has the “power of the purse,” meaning Congress controls government spending and taxation. Tax and spending laws originate in the House of Representatives, then are sent to the Senate. A final form is sent to the President who may veto and send back to Congress.
Interstate and international commerce are regulated by Congress. They coin and regulate money and establish a credit limit, allowing the government to borrow.
Even though the President is the Commander in Chief, Congress establishes, regulates, and funds the military. Congress also declares war.
Other enumerated duties include determining how a person can become a naturalized citizen, rules for patents and copyrights, bankruptcies, and a few others.
Congress has the power to impeach, which has only been applied to presidents and judges. The House of Representatives brings the charges, and the Senate holds the impeachment trial, with the Chief Justice of the Supreme Court presiding.
Other duties are listed in Article I of the Constitution, and the body is also granted a “necessary and proper” clause. This means there are implied powers necessary to carry out laws that have been passed.
The ninth section of Article I of the Constitution places limits on Congressional powers and the powers of other branches.
The Writ of Habeas Corpus cannot be suspended unless we have had a rebellion or invasion. This means that a person must be brought before a judge or court to ensure that their imprisonment is legal.
No ex post facto laws – you cannot be punished for violating a law that was written after the action occurred (and was legal at that time).
No head taxes, poll taxes, and no tariffs on products traded between states.
No money may be taken from the Treasury unless Congress appropriated it.
No person holding office may accept presents, emoluments (money or other gifts), or titles of any kind without the consent of Congress.