Section 21. The Senate or the House of Representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure. The rights of persons appearing in, or affected by, such inquiries shall be respected. * Congress has the power to punish for contempt a person who refuses to give testimony or information pertinent to the inquiry within its jurisdiction. * Power of inquiry and investigation enables Congress to discharge effectively its primarily legislative or lawmaking functions. * Constitutional rights of persons appearing in or affected by such inquiries must be respected.
Section 22. The heads of departments may, upon their own initiative, with the consent of the President, or upon the request of either House, as the rules of each House shall provide, appear before and be heard by such House on any matter pertaining to their departments. Written questions shall be submitted to the President of the Senate or the Speaker of the House of Representatives at least three days before their scheduled appearance. Interpellations shall not be limited to written questions, but may cover matters related thereto. When the security of the State or the public interest so requires and the President so states in writing, the appearance shall be conducted in executive session. * Heads of departments cannot be required to appear before either House under pain of being declares in contempt in view of the separation of powers between the legislative and executive branches. The President may prohibit the appearance of heads of departments before Congress. * They may appear upon their own initiative with the consent of the President, or even without the consent of the President, upon the request of either House on any matter pertaining to their departments. Section 21| Section 22|
Untrammelled because its co-extensive with the power to legislate| Does not relate to any proposed specific legislation but involves merely the exercise of congressional oversight over the implementation of existing laws| Congress has the power to compel the appearance of executive officials in its inquiries in aid of legislation | The Executive is allowed to bar heads of departments from appearing before either House without prior permission from the President.|
Power of Congress to Declare the Existence of a State of War * Concurrence of 2/3 of both Houses in a joint session assembled, voting separately, is required for the exercise of this power. * The war contemplated is a defensive war, not an aggressive war Delegation of Emergency Powers
* Emergency powers may be granted only in times of war or other national emergency
Appropriations – authorization made by law or other legislative enactment, directing payment out of government funds under specified conditions and/or for specified purposes. Kinds:
a. Annual or general appropriations – they set aside the annual expenses for the general operation of the government b. Special or supplemental appropriations – include all appropriations not contained in the budget; designed to supplement the general appropriations c. Specific appropriation – one which sets aside a named sum of money for the payment of a particular expense d. Continuing appropriation – one which provides a definite sum to be always available from year to year without the necessity of further legislative action. Ex. Annual salaries of certain constitutional officials
* All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.
Executive power – power to administer the laws, which means carrying them into practical operation and enforcing...