United States Congress

The United States Congress is the legislative branch of the United States federal government. The structure and responsibilities of Congress are defined in Article One of the United States Constitution. The United States Congress is bicameral, meaning that it has two houses: the United States Senate and the United States House of Representatives.

The Senate has 100 seats, one-third are renewed every two years; two members are elected from each U.S. state by popular vote to serve six-year terms. Each state has equal representation in the Senate because the states are each equal members of the federal union.

The House of Representatives has 435 seats. Members are directly elected by popular vote to serve two-year terms from Congressional districts. The states with the very small populations—smaller than the population of a whole Congressional district elsewhere—are still guaranteed one whole seat. These seats are apportioned according to the population of each state, but the total number is fixed at 435.

History

During the American Revolutionary War and under the Articles of Confederation, the Congress of the United States was named the Continental Congress.

The first Congress under the current Constitution started its term in Federal Hall in New York City on March 4, 1789 and their first action was to declare that the new Constitution of the United States was in effect. The United States Capitol building in Washington, D.C. hosted its first session of Congress on November 17, 1800.

Proceedings of the United States Congress were televised for the first time on January 3, 1947. Proceedings of the general Congress are now regularly broadcast on C-SPAN, as are newsworthy meetings of committees and subcommittees.

Specific powers held by the House and Senate

The powers of the Congress are set forth in Article 1 (particularly Article 1, Section 8) of the United States Constitution. The powers originally delegated to the Congress by the original version of the Constitution were supplemented by the post-Civil War amendments to the Constitution (Amendments 13, 14, and 15, each of which authorizes the Congress to enforce its provisions by appropriate legislation), and by the 16th Amendment, which authorizes an income tax.

Other parts of the Constitution—particularly Article 1, Section 9, and the first ten amendments to the Constitution (popularly known as the Bill of Rights)—impose limitations on Congress's power.

Each house of Congress has the power to introduce legislation on any subject, except for legislation dealing with gathering revenue (generally through taxes), which must originate in the House of Representatives (specifically the U.S. House Committee on Ways and Means). The large states may thus appear to have more influence over the public purse than the small states. In practice, however, each house can vote against legislation passed by the other house. The Senate may disapprove a House revenue bill—or any bill, for that matter—or add amendments that change its nature. In that event, a conference committee made up of members from both houses must work out a compromise acceptable to both sides before the bill becomes the law of the land.

The Senate, meanwhile, has certain powers especially reserved for that body, including the authority to confirm presidential appointments of high officials (generally Cabinet-level officials and their immediate subordinates) and ambassadors of the federal government to other countries, as well as the exclusive authority to ratify all treaties by a two-thirds vote. In either instance, a negative vote in the Senate nullifies executive action.

In the case of impeachment of federal officials, the House has the sole right to bring the charges of misconduct which would be considered at an impeachment trial. The Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A guilty finding results in the removal of the federal official from public office.

The broad powers of the whole Congress are spelled out in Article I of the Constitution:

• To levy and collect taxes
• To borrow money for the public treasury
• To make rules and regulations governing commerce among the states and with foreign countries
• To make uniform rules for the naturalization of foreign citizens
• To coin money, state its value, and provide for the punishment of counterfeiters
• To set the standards for weights and measures
• To establish bankruptcy laws for the country as a whole
• To establish post offices and post roads
• To issue patents and copyrights
• To set up a system of federal courts
• To punish piracy
• To declare war
• To raise and support armies
• To provide for a navy
• To call out the militia to enforce federal laws, suppress lawlessness, or repel invasions
• To make all laws for the seat of government (Washington, D.C.)
• To make all laws necessary to enforce the Constitution

A few of these powers are now outdated, but they remain in effect. The Tenth Amendment sets definite limits on congressional authority, by providing that powers not delegated to the national government are reserved to the states or to the people.

In addition, the Constitution specifically forbids certain acts by Congress. It may not:

• Suspend the writ of habeas corpus—a requirement that those accused of crimes be brought before a judge or court before being imprisoned —unless necessary in time of rebellion or invasion
• Pass laws that condemn persons for crimes or unlawful acts without a trial
• Pass any law that retroactively makes a specific act a crime
• Levy direct taxes on citizens, except on the basis of a census already taken (This was overridden by the Sixteenth Amendment)
• Tax exports from any one state
• Give specially favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them
• Authorize any titles of nobility

Officers of the Congress

The Constitution provides that the vice president shall be President of the Senate. The vice president has no vote, except in the case of a tie. The Senate chooses a President pro tempore to preside when the vice president is absent.

The House of Representatives chooses its own presiding officer—the Speaker of the House. The speaker and the president pro tempore are always members of the political party with the largest representation in each house, aka the majority

At the beginning of each new Congress, members of the political parties select floor leaders and other officials to manage the flow of proposed legislation. These officials, along with the presiding officers and committee chairpersons, exercise strong influence over the making of laws.

The committee process

One of the major characteristics of the Congress is the dominant role that Congressional committees play in its proceedings. Committees have assumed their present-day importance by evolution, not by constitutional design, since the Constitution makes no provision for their establishment.

At present the Senate has 17 standing (or permanent) committees; the House of Representatives has 19 standing committees. Each specializes in specific areas of legislation: foreign affairs, defense, banking, agriculture, commerce, appropriations, etc. Almost every bill introduced in either house is referred to a committee for study and recommendation. The committee may approve, revise, kill or ignore any measure referred to it. It is nearly impossible for a bill to reach the House or Senate floor without first winning committee approval. In the House, a petition to release a bill from a committee to the floor requires the signatures of 218 members; in the Senate, a majority of all members is required. In practice, such discharge motions only rarely receive the required support.

The majority party in each house controls the committee process. Committee chairpersons are selected by a caucus of party members or specially designated groups of members. Minority parties are proportionally represented on the committees according to their strength in each house.

Bills are introduced by a variety of methods. Some are drawn up by standing committees; some by special committees created to deal with specific legislative issues; and some may be suggested by the president or other executive officers. Citizens and organizations outside the Congress may suggest legislation to members, and individual members themselves may initiate bills. After introduction, bills are sent to designated committees that, in most cases, schedule a series of public hearings to permit presentation of views by persons who support or oppose the legislation. The hearing process, which can last several weeks or months, opens the legislative process to public participation.

One virtue of the committee system is that it permits members of Congress and their staffs to amass a considerable degree of expertise in various legislative fields. In the early days of the republic, when the population was small and the duties of the federal government were narrowly defined, such expertise was not as important. Each representative was a generalist and dealt knowledgeably with all fields of interest. The complexity of national life today calls for special knowledge, which means that elected representatives often acquire expertise in one or two areas of public policy.

When a committee has acted favorably on a bill, the proposed legislation is then sent to the floor for open debate. In the Senate, the rules permit virtually unlimited debate. In the House, because of the large number of members, the Rules Committee usually sets limits. When debate is ended, members vote either to approve the bill, defeat it, table it (which means setting it aside and is tantamount to defeat) or return it to committee. A bill passed by one house is sent to the other for action. If the bill is amended by the second house, a conference committee composed of members of both houses attempts to reconcile the differences.

Once passed by both houses, the bill is sent to the president, for constitutionally the president must act on a bill for it to become law. The president has the option of signing the bill—at which point it becomes national law—or vetoing it. A bill vetoed by the president must be reapproved by a two-thirds vote of both houses to become law, this is called overriding a veto.

The president may also refuse either to sign or veto a bill. In that case, the bill becomes law without his signature 10 days after it reaches him (not counting Sundays). The single exception to this rule is when Congress adjourns after sending a bill to the president and before the 10-day period has expired; his refusal to take any action then negates the bill — a process known as the "pocket veto."

Congressional powers of investigation

One of the most important nonlegislative functions of the Congress is the power to investigate. This power is usually delegated to committees—either to the standing committees, to special committees set up for a specific purpose, or to joint committees composed of members of both houses. Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, to inquire into the qualifications and performance of members and officials of the other branches, and, on rare occasions, to lay the groundwork for impeachment proceedings. Frequently, committees call on outside experts to assist in conducting investigative hearings and to make detailed studies of issues.

There are important corollaries to the investigative power. One is the power to publicize investigations and their results. Most committee hearings are open to the public and are widely reported in the mass media. Congressional investigations thus represent one important tool available to lawmakers to inform the citizenry and arouse public interest in national issues. Congressional committees also have the power to compel testimony from unwilling witnesses and to cite for contempt of Congress witnesses who refuse to testify and for perjury those who give false testimony.

Informal practices of Congress

In contrast to European parliamentary systems, the selection and behavior of U.S. legislators has little to do with central party discipline. Each of the major American political parties is a coalition of local and state organizations that join together as a national party—Republicans and Democrats. Thus the members of Congress owe their positions to their districtwide or statewide electorate, not to the national party leadership nor to their congressional colleagues. As a result, the legislative behavior of representatives and senators tends to be individualistic and idiosyncratic, reflecting the great variety of electorates represented and the freedom that comes from having built a loyal personal constituency.

Congress is thus a collegial and not a hierarchical body. Power does not flow from the top down, as in a corporation, but in practically every direction. There is only minimal centralized authority, since the power to punish or reward is slight. Congressional policies are made by shifting coalitions that may vary from issue to issue. Sometimes, where there are conflicting pressures—from the White House and from important interest groups—legislators will use the rules of procedure to delay a decision so as to avoid alienating an influential sector. A matter may be postponed on the grounds that the relevant committee held insufficient public hearings. Or Congress may direct an agency to prepare a detailed report before an issue is considered. Or a measure may be put aside by either house, thus effectively defeating it without rendering a judgment on its substance.

There are informal or unwritten norms of behavior that often determine the assignments and influence of a particular member. "Insiders," representatives and senators who concentrate on their legislative duties, may be more powerful within the halls of Congress than "outsiders," who gain recognition by speaking out on national issues. Members are expected to show courtesy toward their colleagues and to avoid personal attacks, no matter how unpalatable their opponents' policies may be, though in recent years this norm has been called into question. Still, members daily refer to one another as the "Gentlewoman from Tennessee" or the "distinguished Senator from Michigan," reflecting a traditionalist etiquette found in few other domains of American life. Members usually specialize in a few policy areas rather than claim expertise in the whole range of legislative concerns. Those who conform to these informal rules are more likely to be appointed to prestigious committees or at least to committees that affect the interests of a significant portion of their constituents.

Elections

Elections for members of both houses of Congress are invariably held in November of every even numbered year, on that month's first Tuesday following its first Monday (that is to say, on the Tuesday that falls between the second and eighth days, inclusive), a day known as Election Day.

In the case of the House of Representatives, these elections occur in every state, and in every district of the states that are divided into Congressional districts. Occasionally a special election is held within a state, or district of a state, that has an unscheduled vacancy in its corresponding seat.

In the case of the Senate, however, since terms of office last six years and each state has two, it follows mathematically that Senate elections can occur in a given state no more often than twice for every three Congressional-election years. In fact, no state has elections for both its senators in the same year (with possible exceptions in cases of unscheduled vacancies); every state elects one senator two years after the other, and then next elects a senator after four additional years. (One additional possible wrinkle remains: rarely, a state may divide itself into two Senate districts, with an Senate election occurring every sixth year in each district, and never in both districts in one year.) Replacements for vacant Senate seats are usually appointed by state governors, rather than by special election. Before the passage of the Seventeenth Amendment to the United States Constitution, providing for direct elections, Senators were chosen by state legislatures.

House and Senate elections were held on November 5, 2002. The scheduled date for the succeeding House and Senate elections is November 2, 2004.

Seats by party (108th Congress, 2003-2005)

• Senate:
  • Republican Party: 51
  • Democratic Party: 48
  • Independent: 1 (James Jeffords (I-Vt.) caucuses with the Democrats.)
  • Note: A three-fifths majority is required to end debate. See filibuster.
• House of Representatives:
  • Republican Party: 228
  • Democratic Party: 206
  • Independent: 1 (Bernard Sanders (I-Vt.) member of the Democratic Socialists of America.)

Congressional delegations

Each state's delegation in Congress consists of two Senators, and a number of Representatives (see below) depending on an apportionment among the states, based every ten years on their respective populations in the U.S. Census. Non-state territories have a Delegate each in the House, and many present states had such delegates when they were organized territories prior to statehood. See also: United States Congressional Apportionment

The sum of Senators and Representatives determines that state's number of Electors in the U.S. Electoral College.

Based on the 2000 Census, members of the U.S. House of Representatives represent 646,952 persons, on average.

The following states Congressional delegations include the number of Representatives indicated; the articles linked in many cases list not only the current Congressional delegation but former Senators, and Representatives; when applicable, Delegates of the former organized territory that had the same extent are included.

The following are the changes in apportionment following the 2000 Census:

Territorial Delegates

The United States territories are not members of the federal union. They have no Senators, but each has one delegate in the House of Representatives. The delegates can speak in debates, but can only vote in committees.

• American Samoa
• District of Columbia
• Guam
• Puerto Rico
• U.S. Virgin Islands

For details and lists of members, see article on particular Congresses at List of United States Congresses

External links

• U.S. House of Representatives
• U.S. Senate
• Library of Congress: Thomas Legislative Information
• GovTrack.us