Express and implied powers.

It will be noted that all the powers except the last are express powers, that is, they are conveyed to Congress in so many words. The last is a grant of implied authority, in other words it is a provision for supplementing the express powers. Where Congress has the express right to tax, to borrow, to regulate interstate commerce, to raise and support armies, or to coin money, it has the implied right to make whatever laws may be “necessary and proper” to carry its express powers into full operation. Having the express power to borrow money, Congress may therefore establish a system of banks if this is needed to render more easy the operations of borrowing. Having the express power to support armies, it may place almost any sort of restriction upon industry in war time. By the implied powers clause of the constitution the authority of Congress is given great elasticity.

Are the Powers of Congress Broad Enough?—If the words of the constitution had been strictly interpreted, the powers of Congress would now be too narrow for the work which a strong national government must perform. It is easy to understand why the framers of the constitution were cautious about conferring broad powers upon the new government. They were anxious that no legislative despotism should be built up in America. But as time passed the express powers of Congress have been steadily widened by the process of interpreting them broadly so that today the real authority of Congress is much greater than one would suspect from a mere reading of the constitution. For all practical purposes they are broad enough although it is probably true that if the constitution were to be redrawn tomorrow, the authority of the national government would be increased. Nearly all the amendments proposed in recent years have been in the direction of expanding the powers of Congress.

The handicaps to good work.

The Efficiency of Congress.—In comparison with the other great parliaments and legislatures of the world, the Congress of the United States does its work fairly well. It is rather too large in membership, and the House of Representatives would probably gain in efficiency if it were reduced in size. Another handicap to good work arises from the enormous grist of measures which comes forward at every session. Congress is always under constant pressure for time. Many millions are often voted in a single hour and it is impossible for the congressmen to go carefully through the long list of financial items. Until very recently, the absence of a budget system afforded an incentive to extravagance; but this defect has now been remedied.[[119]]

The lack of leadership.

Congress also lacks leadership. In European countries every parliament and legislature has a recognized leader, usually called the prime minister. He or his colleagues present the business and carry it through.[[120]] There is nothing of this sort in either the Senate or the House of Representatives. It is true that each political party has a floor leader, but he has not effective control over his followers. The chairmen of the various committees also supply a certain measure of leadership, but their work is not unified. |The lobby.| Mention should also be made of the pressure which is applied to individual members of Congress by the lobbyists. These lobbyists are hired workers, usually lawyers, who are paid to help get measures through, or in some cases to prevent the passage of certain laws. They are employed by corporations, or by labor organizations, or by anyone who is deeply concerned in measures pending before Congress. They use every form of persuasion in their efforts to have congressmen see their side of the case. The “lobby” has been placed under various restrictions in recent years, but it is still an influential factor.

The influence of small groups in Congress.

The Congressional Oligarchies.—We are in the habit of assuming that the power in national lawmaking rests with the 531 men who constitute the Senate and the House of Representatives; but the dominating influence is in reality exercised by a relatively small group of men in both chambers. The chairmen of important committees and certain others of long congressional experience are the men whose influence counts. The rest follow their lead for the most part. Important measures, moreover, are often discussed in a caucus of the majority party, and the action of the caucus is considered binding on all who attend it. A member in either chamber, especially a new member, who displays a disposition to be wholly independent, and to disregard the advice of his party leaders or the decisions of his party caucus is not likely to get many favors for himself or for his district. The senator or representative who desires to be effective finds it necessary, therefore, to help others with their plans whether he approves them heartily or not, in order that he may be, in turn, helped with his own. It is almost always true that a group of thirty or forty members, on the majority side, can secure the passage of measures which they desire and can prevent the passage of measures to which they are opposed.[[121]] In this respect the Congress of the United States does not differ much from legislative bodies the world over. Large deliberative bodies are invariably prone to follow the lead of some relatively small group in their own membership; otherwise they would never make headway, and the larger the chamber the more likely is this to be true.

General References