The Framers of the Constitution clearly intended the Congress to be the most energetic and powerful branch of the national government. It was to the Congress that power was given to make laws, tax, spend and even declare war. The President and the Supreme Court may act independently of the Congress or even contrary to its wishes, but the Constitution extends to the Congress a much larger menu of powers than it does to the other branches.
While the Constitution affords the Executive and Judicial branches powers which can be used to check and balance the Legislative branch, the Framers took the additional precaution of dividing the Congress in two, creating a House of Representatives and a Senate. This was made necessary, Madison argued in The Federalist No. 51 because:
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