LBR - Congress Lesson
Congress Lesson
Article I of the U.S. Constitution states, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives." Article I of the United States Constitution outlines the powers of Congress, the legislative branch of the federal government. Congress is a bicameral legislature. This means that it is divided into two houses, the Senate and the House of Representatives.
So, why did the Founding Fathers create a bicameral legislature?
They modeled the system of the British Parliament. Parliament is the supreme legislative body in the United Kingdom and is made-up of two houses. The upper house is called the House of Lords, and the lower house is called the House of Commons. During the Constitutional Convention, the Founding Fathers combined their knowledge of the British Parliament with the Great Compromise. (Remember, the New Jersey and Virginia Plans, which led to the Great Compromise?) The Great Compromise called for a bicameral legislature. One house had equal representation among small and large states (the Senate), and the other house was based on population (the House of Representatives).
Today, Congress is made-up of 535 voting members. There are 100 senators that make-up the Senate and 435 representatives that make-up the House of Representatives. Two senators represent each state in the Senate for a total of 100 senators. The number of representatives per state is based on population. The Constitution states that the seats in the House of Representatives "shall be apportioned among the states.....based on their numbers." States with larger populations have more representatives in the House of Representatives. For example, California is the most populated state in the United States. Therefore, California has 53 representative seats in the House of Representatives.
U.S. congressional apportionment is the process in which seats in the U.S. House of Representatives are distributed among the fifty states, according to the most recent population census. Every state is granted at least one seat in the House of Representatives.
Who is in Congress?
Senators and representatives come from all areas within the United States. Members tend to be older, wealthier, and better educated than the people they represent. Almost half are lawyers, and a large number are bankers, businessmen, and educators. Most members have families with children, and more than half are Protestants. Nearly all went to college, and most have advanced degrees.
In recent years, the demographics of Congress have changed. Women are in Congress and the Senate. The number of African Americans and other ethnicities has also significantly increased in recent years.
| Number of Members | Senate 100 (2 per state) |
House of Representatives |
|---|---|---|
| Term in Office | 6 years | 2 years |
| Minimum age in office | 30 years old | 25 years old |
| Citizenship | Must be a U.S. citizen for 9 years | Must be a U.S. citizen for 7 years |
| Other Qualifications |
Must be a legal resident of the state that elects them to the Senate | Must be a legal resident of the state that elects them to the House |
The House of Representatives
The majority party in the House (Republican or Democratic) is the party with the most members. The minority party in the House is the party with the fewest members.
The Senate
The composition of the United States Senate also has majority and minority parties, as well as some members who are independent.
Powers of Congress
The legislative branch of government was created by the Founding Fathers in 1789. The Founding Fathers wanted Congress to have more powers than the President and the Supreme Court. As a result, they placed many checks and balances on the legislature to ensure that absolute power would not fall in the hands of one branch of government.
Congressional Powers
The Constitution specifically grants Congress its most important power, which is the authority to make laws. A bill, or proposed law, only becomes a law after both the House of Representatives and Senate approve it. The two houses share other powers, many of which are listed in Article I, section 8 of the U.S. Constitution. These powers include: The power to coin money, declare war, regulate and establish immigration and naturalization laws, and the power to establish a federal court system and their jurisdictions.
| Legislative Powers | Non-Legislative Powers |
|---|---|
|
Taxing and Spending Powers (The power to raise money) |
Power to Choose a President (The House of Representatives may choose a president from among candidates receiving the most electoral votes if no candidate receives a majority) |
|
Borrowing Powers (The power to borrow money by selling government bonds) |
Removal Power (The power to impeach) |
|
Commerce Powers (The power to regulate foreign trade) |
Confirmation Power (The power to appoint federal officials) |
|
Foreign Policy Powers (The power to approve treaties) |
Ratification Power (The power to approve treaties) |
|
Providing for the Nation's Growth (Immigration) |
Amendment Power (The power to propose all amendments to the Constitution) |
| Powers to grant patents and copyrights |
Investigative Power (The power to conduct investigations) |
|
Legislative Oversight (The power to review the executive branch of government) |
Special Powers Given to the Congress
Choose each item below to learn more about special powers given to the House of Representatives.
Revenue Bills
The power to create bills, or initiate a revenue bill that is based on the budget, including tax cuts. Revenue Bills originate in the House of Representatives.
Impeachment Power
The power to charge the President or other government elected official of wrong-doing
Choose each item below to learn more about special powers given to the Senate.
Presidential Appoointments
The Senate offers "Advice and Consent" to the President by a majority vote on the appointments of federal judges, cabinet members and ambassadors.
Treaties
The President must have the approval of two-thirds vote by the Senate in ordert o enter a treaty with another country. This os a provision of "checks and balances."
Impeachment Trial
The trial for impeachment occurs in the Senate. The accused gets a hearing in the Senate if the House of Representatives votes to impeach an elected official. The two-thirds majority can remove an official from office.
Evolutionary Powers
Congress has the power to pass laws that are seen as "necessary and proper" and to carry-out enumerated functions, according to the Elastic Clause. Based on the Elastic Clause, there have been several congressional powers that have evolved, or developed gradually, over the years. These powers include:
Budget Oversight: Congress has the power to review and restrict the budget proposed by the executive branch of government. Congress has the power to set appropriations, or the amount available to spend per fiscal year.
Investigation: Congress has the power to investigate issues that warrant wrongdoings by government officials. These issues include everything from healthcare to consumer safety.
The U.S. Congress has more power than any other democratic legislature in the world. Only the U.S. democracy enables its legislature with a critical role in setting the lawmaking agenda.
The House of Representatives
Strong leadership is important in the House of Representatives. Because the House has 435 members compared to 100 members in the Senate, House leaders tend to have more power over their membership than do Senate leaders. The large number of members requires leaders to coordinate the lawmaking process.
Political parties also play an important role in the House of Representatives. They provide the basic organization of leadership. Partisanship or extreme loyalty to one particular party is often condemned. In the House, Republicans still sit on the right side of the chamber and Democrats sit on the left. The party that has the largest number of representatives chooses the leaders and selects the chairpersons for each committee.
Choose each item below to learn more about the Leaders of the House of Representatives.
Lawmaking in the House
All laws start off as simple ideas that are written down. A proposed idea that can turn into a law is called a bill. A bill must be approved by both houses in Congress and signed by the president before it becomes a law. A representative can propose a new bill by writing the idea down and then dropping it into the hopper. A hopper is a small box that is located at the front of the House of Representatives' chamber. The bill is then assigned to a committee for further discussion, review, and revision by the Speaker of the House. The committee may either kill the bill or approve it. If the bill is approved, it is placed on a calendar by the Rules Committee. The Rules Committee determines when the bill will be sent to the floor in the House of Representatives for discussion and approval. The Rules Committee is very powerful. They can deliver the bill to the House of Representatives at a record speed, or they can place the bill on hold with others until the House of Representatives ends their session. If the bill is placed on hold, the bill is likely to die. A quorum must be present to vote on the bill if it is passed on to the full House. A quorum is the smallest number of representatives that have to be present to vote on a bill. A bill cannot be voted on if a quorum is not present. If a vote does not occur, the bill is sent back to the Rules Committee to be placed on the calendar once again.
The Senate
Work in the Senate
The Senate, also known as the upper house, has very few rules compared to those in the House of Representatives. The Senate also has less power than the House. The Senate is considered to be more prestigious than the House of Representatives because the Senate is made-up of only 100 members, and members have longer terms in office, which leads to a more collegial and less partisan atmosphere. The Senate's leadership is characterized by its highest positions.
Leaders in the Senate
- Vice President - The President of the Senate is the Vice President of the United States and presides over the Senate's session. The Vice President can only cast a vote in case of a tie. The Vice President rarely sits with the Senate.
- President Pro Tempore - The President Pro Tempore presides over the Senate sessions when the Vice President is absent. Usually, the President Pro Tempore is selected based on seniority in the Senate. The President Pro Tempore is third in line of succession to the presidency after the Vice President and the Speaker of the House.
- Majority Leader - The Majority Leader is usually the most influential person in the Senate. The Majority Leader has the privilege of beginning debates on legislation and helps to influence choices on committee assignments.
- Minority Leader - The Minority Leader leads the minority party in the Senate. The Minority Leader shares powers and responsibilities with the Majority Leader. Both leaders are responsible for seeing that their party members attend important debates and are present to vote on bills. Whips assist the Majority and Minority Leaders just like in the House of Representatives.
Lawmaking in the Senate
A Senator introduces a bill to the President Pro Tempore, Majority Floor Leader, and Minority Floor Leader in the Senate. The bill is sent to a committee for discussion and revisions. The Senate committee will either kill the bill, or the bill will be sent back to the President Pro Tempore, the Majority Floor Leader, and the Minority Floor Leader. The bill is then added to the Senate calendar. In order for the bill to make it to the Senate floor, senators must vote to debate the bill. Senators can filibuster a bill once it reaches the full Senate. A filibuster is a practice where debate over a bill is extended, allowing members of the Senate to delay or prevent a vote on the proposal. This usually results in the "death" of a bill. During the process of filibustering, senators continuously debate and are not permitted to sit down. A few of the most famous filibusters have lasted more than twenty-four hours. If one of the political parties suspects a filibuster, they can motion to cloture. The President Pro Tempore presents the cloture to the Senate. If three-fifths of the Senate agree to cloture a bill, the debate will end quickly.
Did you know?
One of the most famous and longest filibusters is U.S. history was the Civil Rights Act of 1957. Senator Strom Thurmond from South Carolina spoke for 24 hours and 18 minutes against the bill. The Civil Rights Act was signed by President Eisenhower and became a law on September 9, 1957.
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