Congress Lecture (Pt. 3)

Summary

This video explains the limits to the powers of Congress. It covers key constitutional constraints, such as the prohibition of ex post facto laws, meaning laws that can't apply retroactively. The video also addresses the presidential veto, emphasizing that while the president can reject bills, Congress can override a veto with a two-thirds majority. Finally, the video highlights judicial review, where the courts have the power to strike down laws that violate the Constitution, ensuring no law overrides constitutional principles.

Takeaways

• 😀 Congress cannot pass ex post facto laws, which are retroactive laws that punish actions before the law was passed.
• 😀 Retroactive laws are unconstitutional, meaning laws cannot be enforced on actions taken before they exist.
• 😀 An example of an ex post facto law is one that would penalize people for wearing a certain color shirt on a date before the law was enacted.
• 😀 The presidential veto gives the President the power to reject any bill passed by Congress.
• 😀 Even if a bill passes both the House and Senate, the President's signature is required for it to become law.
• 😀 Congress can override a presidential veto, but it requires a two-thirds vote in both the House and Senate.
• 😀 Overriding a presidential veto is a rare event and requires a supermajority in both chambers of Congress.
• 😀 Most of the time, when a President vetoes a bill, that veto is upheld and the bill does not become law.
• 😀 Judicial review allows courts, including the Supreme Court, to review laws passed by Congress and determine if they violate the Constitution.
• 😀 If the Supreme Court determines a law is unconstitutional, it has the power to strike it down, and this decision cannot be overridden by Congress or the President.

Q & A

What does the term 'ex post facto' mean, and why is it important in the context of congressional power?

'Ex post facto' is a Latin phrase meaning retroactive. It refers to laws that would apply to actions that occurred before the law was passed. Congress is prohibited from passing ex post facto laws to ensure fairness, as retroactively punishing individuals for actions that were legal at the time would be unconstitutional.

Can you provide an example of how an ex post facto law might work?

An example of an ex post facto law would be if Congress passes a law on May 12th that outlaws wearing navy blue shirts and imposes a fine of $500. If this law applied retroactively to May 11th, someone who wore a navy blue shirt on May 11th would still be fined, even though the law was passed the following day.

How does the presidential veto limit the power of Congress?

The presidential veto allows the president to reject any bill passed by Congress. Even if Congress has the votes to pass a bill in both the House and Senate, the bill cannot become law unless the president signs it. This gives the president significant power to check Congress.

What is the process for overriding a presidential veto?

To override a presidential veto, Congress needs a two-thirds majority vote in both the House and the Senate. This supermajority is a high bar, requiring 290 votes in the House and 67 votes in the Senate, which makes overriding a veto a rare occurrence.

How often do veto overrides happen in practice?

Veto overrides are rare. For example, during President Trump's time in office, none of his vetoes were overridden. In contrast, President Obama had only one veto overridden during his presidency, and George W. Bush had one as well.

What is judicial review, and how does it limit the power of Congress?

Judicial review is the power of the courts to review laws passed by Congress and determine whether they are constitutional. If a law is found to violate the Constitution, the courts can strike it down, which means the law cannot take effect, even if it was passed by Congress and signed by the president.

Can Congress override judicial review decisions?

No, Congress cannot override judicial review decisions. If the Supreme Court strikes down a law because it violates the Constitution, there is no way to reverse that decision, as the Constitution is the supreme law of the land.

Why is it difficult for Congress to override a presidential veto?

It is difficult for Congress to override a presidential veto because it requires a two-thirds majority vote in both the House and the Senate, which is a high threshold. Achieving this supermajority is challenging, especially in a politically divided Congress.

What role does the president's veto power play in the legislative process?

The president's veto power acts as a check on Congress. Even if a bill is passed by both the House and Senate, the president can reject it. This power ensures that the president has a say in the laws passed and prevents Congress from overriding the executive branch's preferences.

What happens if Congress passes a law, and the president does not sign it into law?

If Congress passes a law and the president does not sign it, the bill does not become law unless Congress overrides the veto with a two-thirds majority in both chambers. If the president does not act on a bill for ten days while Congress is in session, the bill becomes law automatically.