Josh Blackman comments on this post:
I agree entirely with you about the scope of Congress's duties–they have no affirmative obligation to pass any laws, or confirm any nominees, or really do just about anything for the other branches. The best I could come up with, is that they have to pay salaries to the President and Federal Judges, and perhaps have to receive the state of the union address.
The President has a constitutional duty to “take care that the laws [are] faithfully executed,” but the Congress has no similar duty to “faithfully enact” laws. Rather “Congress shall have the power” to make a number of laws, but need not do so. In fact, the Constitution is entirely silent about any obligation of Congress to exercise its Article I powers. Congress’s affirmative duties towards the other branches are limited to providing compensation for the President and federal judges—these commands appear in Article II and Article III, respectively, not Article I. Likewise, while the President has the duty to appoint officials—he “shall nominate” executive branch officials—the Senate’s role is limited to “Advise and Consent,” which need not be given at all. When Congress refuses to pass laws the executive desires, or confirm nominees the President selects, we have in the words of Justice Breyer, “a political, not a constitutional problem.”
Agreed. I took another look at Congress' legislative duties & could only come up with one clear additional one: arranging for the census. (Article I, Section 2: "The actual Enumeration shall be made within three Years after the first Meeting of teh Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they [Congress] shall by Law direct."). Also per the guarantee clause of Article IV, "[t]he United States shall guarantee" each state a republican form of government, which probably imposes a duty on Congress. (Article I, Section 4 also requires Congress to "assemble at least once in every Year," though this does not require any legislation). All in all, though, it is notable how few obligations the Constitution imposes on Congress — almost every clause relating to Congress grants a discretionary power, not a duty.
More from Professor Blackman here (commenting on this further post by Eric Posner).
Posted at 11:52 PM