Legislative Branch History

Legislative Branch History in the United States

Legislative Branch History

Introduction to Legislative Branch History

Legislative assemblies effectively governed the 13 American colonies during British rule. When conflict erupted with Britain, these bodies sided with the rebels. Partly as a result of their support for the rebel cause, these legislatures came to be seen as the protectors of popular interests, and were given broad powers under the early state constitutions and the first national charter, the Articles of Confederation (1783-1789).

These charters from the revolutionary period were heavily slanted toward legislative dominance, leaving little room for executive authority. Political theorists such as John Locke of England and Baron de Montesquieu of France, who advocated popular rule through legislatures, also argued that it is best to divide authority into separate branches of government to prevent abuses of power. So the Constitution of the United States, drafted in Philadelphia in 1787, was designed to restore balance: Congress still came first, but its powers were shared with independent executive and judicial branches.

Throughout U.S. history Congress has demonstrated its independence from the other branches of government, particularly the executive branch. In some periods the Congress managed to dominate the political system. During the late 19th century, for example, congressional leaders such as House speaker Thomas Bracket Reed of Maine dominated the national legislative process at the expense of the president. Presidents gradually reasserted dominance over the legislative branch beginning in the early 20th century. By the end of World War II in 1945, the presidency was firmly entrenched as the country’s most visible political institution.

Despite the relative dominance of the president, Congress has retained an important role in proposing and drafting legislation. In addition, members of Congress have proved willing to challenge presidential authority when they feel the president has exceeded the appropriate powers of the office. During the Watergate scandal, for example, Congress strongly asserted its right to investigate allegations of obstruction of justice and other crimes by President Richard Nixon. Congress also retains a key investigative role that is distinct from the Federal Bureau of Investigation (FBI) and other executive agencies. Because Congress conducts nearly all of its proceedings in public, it has served as an important site for investigations into sensitive subjects such as organized crime, political assassinations, and government corruption.” (1)

Resources

Notes and References

Guide to Legislative Branch History


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