Page 203 - DPOL202_COMPARATIVE_POLITICS_AND_GOVERNMENT_ENGLISH

Comparative Politics and Government

Notes 5. To establish post office and post roads; and to promote the progress of science and useful arts.
6. To constitute tribunals inferior to Supreme Court; and to define and punish piracies and felonies
committed on the high seas and offence against the law of nations.
7. To declare war, grant letters of marque and reprisal and make rules concerning captures on
land and water; to raise and support armies but ho appropriation of money to that use shall be
for a longer term than two years; and to provide and maintain a navy.
8. To make rules for government and regulation of the land and naval forces.
9. To provide for calling forth the militia to expedite the laws of the union, suppress insurrections
and repel invasions.
10. To provide for organising, arming and disciplining the militia.
However, this is not at all what comes under the authority of the Congress. Over a period of more
than 200 years, it has gained other powers called ‘implied powers’ or those powers which can be
reasonably inferred or deduced from the powers specifically mentioned in the Constitution, or powers
which are necessary and proper for the execution of the delegated powers. Thus, for example, the
power to establish federal banks, to create naval and military academies and to construct highways
and bridges etc. have come within the scope of Congressional authority by virtue of the doctrine of
implied powers laid down by the Supreme Court. It may, however, be kept in mind that implied
powers “do not give the federal government a blank cheque to do anything it wishes. If that were
true, the system would be unitary rather than federal. Implications be made only from some specifically
delegated powers.”
However, the Congress has got other powers as well—electoral, constituent, executive, directing,
supervisory and inquisitorial, judicial and financial.
1. Among its constituent powers, we find that a bill of constitutional amendment must be passed
by both the chambers by 2/3 majority of the members present and voting. On a petition submitted
by 2/3 States, it shall summon a constitutional convention and lay down rules of its business.
The Congress has also developed some powers in this regard whereby it may lay down time-
limit within which the States are required to ratify or reject a bill of constitutional amendment.
2. The electoral powers of the Congress are also important. The Constitution lays down that a
candidate for Presidency or Vice-Presidency must secure absolute majority of the electoral college,
otherwise the mater shall be decided by the Congress. The House of Representatives shall choose
one out of the three securing highest number of votes for the Presidency and the Senate shall
choose one out of the two having largest number of votes for Vice-Presidency.
But the voting pattern shall be on the basis of ‘one State one vote’. Besides, the House elects its
own Speaker and the Senate elects its President pro tempore.
3. The executive powers of the Congress include confirmation of all appointments and foreign
treaties (made by the President) by the Senate and approval of the proposal of making war and
peace by a resolution of both the houses. Both the chambers appoint their own officers and
committees. Then, the powers of direction supervision and are directly related. It is resolved by
the Congress whether a new department, bureau or commission is to be set up. It may expand
agencies, consolidate them or abolish them altogether. In addition, it defines their powers,
sanctions appropriation of funds, authorises the employment of personnel and reviews their
work periodically. For example, the Legislative Re-organisation Act of 1946, requires
Congressional standing committees to exercise continuous vigilance over the execution of laws
falling within their respective spheres.
4. The inquisitorial powers of the Congress include appointment of committees to investigate
some matters of alleged misappropriation or scandal.
5. We may refer to the judicial powers of the Congress. Both chambers are master of the eligibility’
of their members. Even a duly elected member may be disallowed to take his seat in the house
on some ground of corruption after a resolution is passed by simple majority. Each house can
expel a member if its 2/3 majority so desires. Besides, each house can also make some relaxation
in the qualifications of candidate for its membership. However, the most important task is the

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