The War Against the Constitutional Powers of the Congress

The War Against the Constitutional Powers of the Congress
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Program Name or Degree Name (e.g., Master of Science in Nursing), Walden University
COURSE XXX: Title of Course
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Month XX, 202X
The War Against the Constitutional Powers of the Congress
Introduction
On the 24th of February 1803, in Marbury v Madison, the US Supreme Court established the doctrine of Judicial Review after, for the first time, it declared an act of Congress unconstitutional. While the Court's action is considered one of the foundations of the US constitutional law, it also marked a watershed moment in which the powers of the Congress were challenged by another branch of the government (Module 9, Lecture 1, p. 1). Congress has constitutional, institutional, and political sources of power. Of these, constitutional powers, as a legislative arm, are arguably the strongest. However, following the 1803 case, the constitutional powers of Congress have faced challenges, not only from the judicial branch of the government but from the executive as well. The current paper analyzes the constitutional powers of Congress and how the executive, through the Presidency, has challenged or ignored these powers in critical national decisions.
The Constitutional Powers of the Congress
The most significant result of the ruling in the Marbury v. Madison case was the determination that the Judiciary Act of 1789 was unconstitutional. The Court found a conflict between Section 13 of the Judiciary Act of 1789 with Article III section of the American Constitution, resulting in the Judicial Review doctrine. The doctrine gives the courts the powers to examine and determine whether the actions of the government's administrative, executive, and legislative arms are consistent with the Constitution. Among the critical constitutional powers of Congress is legislation. Therefore, the 1803 case with the subsequent Judicial Review doctrines marked the first time another arm of the government challenged the legislative powers of Congress.
The outcomes of the 1803 case favored the executive branch of the government despite Congress's authority to pass legislation. Other constitutional powers enjoyed by the Congress (house of representatives and the senate) include the powers to declare war (Module 10, Lecture 1, p. 4), raise a navy and an army, coin money, establishment of immigration rules, regulation of commerce, holding other arms of government accountable, rejection or approval of presidential appointments, and establishment of federal courts and subsequent jurisdictions (Ginsberg, 2011). In many of these powers, the executive, besides the judiciary, have made inroads to challenge or ignore Congress, primarily through the 20th century.
The powers and duties of Congress are essential in carrying out checks and balances fundamental to preserving liberty, the system of self-governance, and constitutional principles. The Congress is the only arm of the government in which members are directly elected by the people making for representation (Module 10, Lecture, p. 2). Unlike the executive, for instance, which keeps its activities in secrecy, the actions of the Congress, including processes, are open to public scrutiny, critic, and con...