Arianna Alfano

Dr. Andrews

American National Government (POL 110)

July 30, 2018

America’s very foundation and national government is almost entirely centered around

the writings of the Constitution. Through this document, the outline of the federal government

and the basis of how the country’s governing power is divided into three sections—the

legislative branch, the judicial branch, and the executive branch—has been made clear. Even

more so, corresponding with the separation of power and the division of responsibilities amongst

the branches—as influenced by Baron de Montesquieu—has been the introduction of checks and

balances. Checks and balances, as it is defined, is the system set up by the United States

Constitution, in which each branch of the federal government has the power to limit the actions

of the other branches. However, despite this extremely important system, it is difficult to say that

each branch is completely equal in power. In fact, it seems as though the Framers of the

Constitution had clearly and intentionally instituted a legislative branch that has significantly

more power than its inferiors. Therefore, through its ability to make laws, tax, declare war, and

even impeach presidential appointments, it most certainly can be said that the legislative branch

is the most powerful branch in the American national government.

There are a variety of reasons one might believe that the legislative branch is the most

powerful department of the American federal government. Primarily, however, this belief is

rooted in Congress’s ability to make laws. As it is stated in the Constitution, “All legislative

Powers herein granted shall be vested in a Congress of the United States.”1 Thus, this leaves the

1
The Constitution: Article I, Section I
Congress, and solely the Congress, the responsibility to propose fair, equal bills. Essentially,

while the Congress can seek guidance from outside powers, some of which may be affiliated

with the executive or judicial branches, they are the ones who determine what direction a bill

might take. From the point at which it is being proposed to the time it is passed, the Congress has

full authority over what topics the bill should include, how it should be written, and what should

be implemented. Following the bill’s creation, it is sent to the White House where the president

decides if the bill should become a law. However, if the president does decide to veto the bill,

that does not mean that the Congress no longer has control over its passing. In fact, after such a

happening, Congress can pass a legislative veto—created when a bill has a two-thirds vote in

both the Senate and the House—over a presidential veto, thus allowing for the bill to become a

law, even without the president’s approval. Therefore, Congress, most definitely, is the foremost

power in law-making, and this great deal of authority demonstrates the way in which the

legislative branch is incredibly powerful. Laws are what help rule the United States and allow for

it to function. Without new, updated laws in creation, the United States would most certainly fall

apart. Consequently, it can undoubtedly be said that Congress is the strongest branch of

government.

Even beyond creating laws, the Constitution also has authority over the passing of taxes.

Once again, this power is exclusive to the legislative branch—no other branch can propose nor

introduce taxes. As in the Constitution, “The Congress shall have the Power to lay and collect

Taxes, Duties, Imposts, and Excises to pay the Debts and provide for the common Defense and

general Welfare of the United States.”2 Thus the great “power of the purse,” as it is often referred

to, is solely the Congress’s responsibility. Basically, through this statement, the legislative

2
The Constitution: Article I, Section 8
branch was given the authority to raise money for the government and dictate how it should be

spent. This, obviously, gives the legislative branch a great deal of authority in that it

demonstrates how much control Congress truly has over the government and, overall, the nation.

Even more so, through the 16th amendment to the Constitution, “The Congress shall have power

to lay and collect taxes on incomes, from whatever source derived, without apportionment

among several States, and without regard to any census or enumeration.”3 This, once again, plays

in with how much the Congress truly controls—seemingly everything. Money is essential for the

functioning of our government. In order to allow for internal improvements and make the nation

even stronger, capital is necessary. Thus, the branch in control of funding is the branch which is

truly running the government. This was, likely, done purposefully—in order to make taxes being

proposed and created by the branch closest to the American people, especially the House of

Representatives. As it established, only the House of Representatives can introduce taxes on

revenue, in that they work very closely with the public and understand what is necessary for their

everyday lives. However, all other taxes can be introduced by either section of the legislation,

which only furthers how truly powerful this branch of the government is. It is through this

“power of the purse” that Congress collects and spends approximately $3 trillion each year in

order to help the United States function. Hence, it can most certainly be inferred that the ability

to tax gives the legislative branch incredible power—which goes beyond any other branch.

Another principal power Congress holds is the power to declare war. In fact, one could

say that the fate of the United States is dependent on the actions on which the legislative branch

agrees. It is through Congress that the United States is able to, truly, be at war and has the ability

to remain in battle. Being that wars are incredibly expensive, this issue relies on both Congress’s

3
The Constitution: Amendment XVI
ability to name it and its ability to fund it—with its “power of the purse.” Despite this, even with

the immense amount of responsibility the legislative branch holds for such an event, the

executive branch often involves itself inappropriately and prematurely. For instance, while it is

true that the president is the Commander in Chief, the actions taken by the president before a

declaration of war is sent out are practically futile. Therefore, if a president decided to mobilize

the military before Congress has agreed to declare war, the legislative branch can use their

spending powers to shut down the president’s attempts to further a cause the nation has not even

officially joined. It is only by the word of the legislative branch that the United States can

technically be at war with another nation. Any other branches trying to influence and take on

battles militarily might have some effect on the opposing power but does not determine the

United States’ status of war. Therefore, the decision to be at peace or at war with another nation

rests on Congress’s back—therefore giving Congress great power.

Finally, the United States’ legislative branch can be deemed to be the most powerful part

of the federal government in that it has the ability to investigate and even impeach those in the

executive branch. Being that Congress creates and passes the laws of the nation, they tend to

have much concern about the other branches and the liberties they have taken regarding those

decrees. While a person working in the executive branch is usually very highly esteemed, this

does not make them immune from the laws, and Congress has made sure of that. Through

oversight and investigation, the legislative branch works hard to ensure that those in power,

especially those working with or as the president follow the law and understand that they are not

above it. One of the most noteworthy instances of this power taken up by Congress involves Bill

Clinton’s presidency. While serving as president of the United States, Bill Clinton had an affair

with Monica Lewinsky. After being transferred to work at the Pentagon and having her phone
wire-tapped, it was discovered that she did have an inappropriate relationship with the president,

which led to media coverage over this issue. However, instead of admitting to it initially, Bill

Clinton denied this truth exclaiming, “I did not have sexual relations with that woman.” He later

contradicted this lie under testimony where he did admit to his affair. However, being that he had

already publicly denied it, Congress began an investigation on Clinton and soon outlined a case

for impeaching on 11 grounds. Eventually, as a result of his perjury, obstruction of justice,

witness-tampering, and abuse of power, Clinton was impeached. Therefore, the Congress,

certainly has a great deal of power being able to take down a national figurehead for such crimes.

Hence, the power to impeach is an authority of great value which demonstrates how truly

powerful the legislative branch is.

The three parts of the American national government—the executive branch, the judicial

branch, and the legislative branch—are all fundamental to the functioning of the American

national government. However, even with the passing of checks and balances, no branch could

be said to be equal in power. In fact, many determine that it is the legislative branch that is given

the most power. Through the noteworthy articles of the Constitution, it has become obvious to

the American public that the Congress—who work closest with the American people—have the

most power over the land. With its ability to create and pass laws, the legislative branch

demonstrates an immense amount of responsibility in constructing regulations that suit current

society. More so, these laws are what allow the nation to function without hazard, thus allowing

for Congress to be considered the most powerful branch. Additionally, the legislative branch

shows great power over their ability to tax. Through collecting capital and being able to spend it

wisely throughout the nation, the United States has been able to develop into a more advanced,

prosperous society. Even this branch’s ability to declare war is deemed a way that it
demonstrates its tremendous power. While another branch might take action beforehand, only

Congress has the ability to change the United States’ status of war as well as fund the battles that

are taking place. Lastly, it is through Congress that the United States is able to impeach those

abusing their power in the executive branch. Thus, Congress has a great deal of power that even

extends over another branch. Hence, overall, the legislative branch has a great deal of authority

that keeps the United States whole and prevents corruption throughout the nation—making it the

epitome of power in the American national government.