United States Congress
The Congress of the United States is the legislative branch of the federal government of the United States of America. It is a bicameral institution, comprising the House of Representatives (the "lower house") and the Senate (the "upper house"). The House of Representatives consists of 435 members, each of whom represents a congressional district and serves for a two-year term. Seats in the House are apportioned among the states on the basis of population. However, in the Senate, each state is represented by two members regardless of their population. There are a total of 100 Senators, who serve six-year terms. Both representatives and senators are directly elected by the people but in some states the governor may appoint a temporary replacement when a Senate seat is vacant.
The Constitution vests all the legislative powers of the federal government in the Congress. The powers of Congress are limited to those expressly enumerated in the Constitution; all other powers are reserved to the states and the people, except where the Constitution provides otherwise. Significant powers of Congress include the authority to regulate interstate and foreign commerce, to levy taxes, to establish courts inferior to the Supreme Court, to maintain the armed forces, and to declare war. Insofar as passing legislation is concerned, the Senate is fully equal to the House of Representatives. The Senate is not a mere "chamber of review," as is the case with the upper houses of the bicameral legislatures of most other nations.
Both Houses of Congress meet in the Capitol in Washington, D.C.
History
The Articles of Confederation, under which the newly independent United States originally operated, Congress was a unicameral body in which each state was equally represented. The inefficacy of the federal government under the Articles led Congress to summon a Constitutional Convention in 1787; all states except Rhode Island agreed to send delegates. One of the most divisive issues facing the Convention was the structure of Congress. James Madison's Virginia Plan called for a bicameral Congress; the lower house would be elected directly by the people, and the upper house would be elected by the lower house. The plan drew the support of delegates from large states such as Virginia, Massachusetts, and Pennsylvania, as it called for representation based on population. The smaller states, however, favored the New Jersey Plan, which called for a unicameral Congress with equal representation for the states. Eventually, a compromise, known as the Connecticut Compromise or the Great Compromise, was reached; one house of Congress (the House of Representatives) would provide proportional representation, whereas the other (the Senate) would provide equal representation. In order to preserve further the authority of the states, it was provided that state legislatures, rather than the people, would elect senators. The Constitution was ratified by the requisite number of states (nine out of the 13) in 1788, but its full implementation was set for March 4, 1789.
The early nineteenth century was marked by frequent clashes between the House of Representatives and the Senate. For most of the first half of the nineteenth century, a balance between the free North and the slaveholding South existed in the Senate, as the numbers of free and slave states were equal. However, since the North was much more populous than the South, it dominated the House of Representatives. One example of a provision repeatedly supported by the House but blocked by the Senate was the Wilmot Proviso, which sought to ban slavery in the land gained during the Mexican-American War. Conflict over slavery and other issues persisted until the Civil War (1861–1865), which began soon after several southern states withdrew from the Union. The war culminated in the South's defeat and in the abolition of slavery.
The years of Reconstruction that followed involved large majorities for the Republican Party, which many Americans associated with the Union's victory in the Civil War, in both houses of Congress. After the end of Reconstruction in 1877, the Gilded Age, a period in which the electorate was sharply divided between the Democrats and the Republicans, began. At that time, there began to form widespread discontent with the power of state legislatures to elect senators. In many cases, Senate elections were tainted by corruption and bribery; in other instances, gridlock between the two houses of state legislatures prevented the election of a senator. (In one acute case, deadlock prevented the Delaware legislature from sending a senator to Washington for four years.) These issues were addressed by the Seventeenth Amendment (ratified in 1913), which provided for the direct election of senators.
The early twentieth century witnessed the rise of party leadership in both houses of Congress. In the House of Representatives, the office of Speaker became extremely powerful, reaching its zenith under the Republican Joseph Gurney Cannon. Leaders in the Senate were somewhat less powerful; individual senators still retained much of their influence. In particular, committee chairmen remained particularly strong in both houses until the reforms of the 1970s.
During the long administration of President Franklin D. Roosevelt (1933–1945), the Democratic Party controlled both houses of Congress, in some elections winning over two-thirds of the seats in each house. Both the Republicans and the Democrats were in control at various points during the next decade. However, after winning the elections of 1954, the Democratic Party began a long period of congressional dominance. For the next forty years, the Republican Party was never the majority party in the House, and was the majority party in the Senate only for six years (1981–1987). The Republicans swept back into power with the elections of 1994 under the leadership of Newt Gingrich (see Republican Revolution). Since then, the Republicans have controlled both houses of Congress almost constantly.
Composition
The House of Representatives consists of 435 members representing the fifty states. Seats are apportioned among the states on the basis of population, but every state, regardless of size, is guaranteed at least one seat. Representatives are directly elected by single-member constituencies known as congressional districts. Each state may draw the boundaries of its districts, subject to certain legal requirements; for instance, districts must have approximately equal populations. Representatives serve for two-year terms.
The Constitution makes no provision for full voting representation in Congress, for citizens of the District of Columbia or the territories. Attempts to change the situation, regarding the lack of voting rights (No taxation without representation) for citizens of the District of Columbia, including the proposed District of Columbia Voting Rights Amendment, have been unsuccessful. Currently, the District of Columbia and the territories of American Samoa, Guam, and the U.S. Virgin Islands are represented by a delegate each, while Puerto Rico elects a Resident Commissioner. Delegates and Resident Commissioners may participate in debates, but may not vote on the floor of the House. Delegates serve for two-year terms; the Resident Commissioner serves for a four-year term.
The Senate consists of 100 members, two representing each state regardless of population. A senator is elected not by a district, but by a state as a whole. Senators serve for terms of six years each; the terms are staggered so that approximately one-third of the Senate seats are up for election every two years. The staggering of the terms is arranged such that both seats from a given state are never contested in the same general election. The District of Columbia and the territories are not represented in the Senate in any manner.
Generally, the Republican and Democratic parties choose their candidates in primary elections. Ballot access rules for independent and third party candidates vary from state to state. General elections are held in every even-numbered year, on the first Tuesday after the first Monday in November (Election Day). Special elections are held whenever vacancies arise; in the case of the Senate, however, the Governor of a state normally holds the power to appoint temporarily a senator until a special election can be held. In almost all cases, general and special elections are conducted by the first-past-the-post electoral system. Louisiana, however, uses runoff voting for congressional elections.
Procedure
The Constitution authorizes the House of Representatives to elect its own Speaker. The Speaker's powers as presiding officer are extensive; he or she controls the course of debate and enforces the rules of the House. Normally, the Speaker does not personally preside over debates; instead, the task is delegated to other members. The Speaker is also the head of the majority party, outranking the Majority Leader.
The Vice President of the United States is ex officio the President of the Senate; he or she has no vote except in the case of a tie. The Senate also elects a President pro tempore, or "temporary President," to preside when the Vice President is absent. The President pro tempore, by custom, is the most senior senator of the majority party. Neither the Vice President nor the President pro tempore regularly presides; instead, the duty is performed by other senators. The powers of the President pro tempore are much less extensive than those of the Speaker. He or she does not head the majority party in the Senate; rather, the Majority Leader is the full head of the Senate majority party.
The Constitution specifies that a majority of members constitutes a quorum to do business in each house. The rules of each house provide that a quorum is assumed to be present unless a quorum call demonstrates the contrary. Representatives and senators rarely force the presence of a quorum by demanding quorum calls; thus, in most cases, debates continue even if a majority is not present.
Both houses use voice voting to decide most matters; members shout out "aye" or "no," and the presiding officer announces the result. The Constitution, however, requires a recorded vote on the demand of one-fifth of the members present. If the result of the voice vote is unclear, or if the matter is controversial, a recorded vote usually ensues. The Senate uses roll call votes; a clerk calls out the names of all the senators, each senator stating "aye" or "no" when his or her name is announced. The House reserves roll call votes for the most formal matters; normally, members vote by electronic device. In the case of a tie, the motion in question fails; however, in the Senate, the Vice President may (if present) cast the tiebreaking vote.
Term
Originally, a new term of Congress began on March 4 of every odd-numbered year. As a result, there was a long "lame duck" period between the election in November and the swearing-in of new members. The Twentieth Amendment, passed in 1933, shortened the lame duck period and provided that congressional terms would begin at noon on January 3 of every odd-numbered year.
At the beginning of each new term, the entire House of Representatives and one-third of the Senate (those who were chosen in the election the previous November) are sworn in. The oath taken is provided by statute: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God." The House of Representatives also elects a Speaker to preside over debates. The President pro tempore of the Senate, by contrast, holds office continuously; normally, a new President pro tempore is only elected if the previous one retires, or if there is a change in the majority party.
A term of Congress is divided into two "sessions," each a year long. A new session commences on January 3 (or another date, if Congress so chooses) each year. The Constitution requires Congress to meet at least once each year. At some time during the first two months of each session, the President customarily delivers the State of the Union Address, a speech in which he or she assesses the situation of the country and outlines his or her legislative proposals for the congressional session. The speech is modeled on the Speech from the Throne given by the British monarch, and is mandated by the Constitution of the United States. Thomas Jefferson discontinued the original practice of delivering the speech in person before both houses of Congress, deeming it too monarchical. Instead, Jefferson and his successors sent a written message to Congress each year. In 1913, President Woodrow Wilson reestablished the practice of personally attending to deliver the speech; few Presidents have deviated from this custom since.
The Constitution forbids either house from adjourning to any place outside the Capitol, or from adjourning for more than three days, without the consent of the other house. The provision was intended to prevent one house from thwarting legislative business simply by refusing to meet. To avoid obtaining consent during long recesses, the House or Senate may sometimes hold pro forma meetings, sometimes only minutes long, every three days. The consent of both bodies is required for Congress's final adjournment, or adjournment sine die, at the end of each congressional session. If the two houses cannot agree on a date, the Constitution permits the President to settle the dispute.
It is conventional to refer to each Congress by the ordinal number of its term. Thus, the current Congress (whose term lasts from 2005 to 2007) is known as the "109th Congress"; the previous Congress (whose term lasted from 2003 to 2005) was the "108th Congress," and so forth.
Legislative functions
A proposal may be introduced in Congress as a bill, a joint resolution, a concurrent resolution, or a simple resolution. Most legislative proposals may be introduced as bills, but some are introduced as joint resolutions. There is little practical difference between the two, except that joint resolutions may include preambles, but bills may not. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law. Instead, they serve to express the opinion of Congress, or to regulate procedure.
Members of Congress often introduce legislation at the behest of lobbyists. Lobbyists advocate the passage (or rejection) of bills affecting the interest of a particular group (such as a corporation or a labor union). In many cases, the lobbyists write legislation and submit it to a member for introduction. Congressional lobbyists are legally required to be registered in a central database, and are employed by political organizations, corporations, state governments, foreign governments, and numerous other groups. In 2005, there are almost 35,000 registered congressional lobbyists, representing a doubling since 2000. Many prominent lobbyists are ex members of Congress.
Bills (and other proposals) may be introduced by any member of either house. However, the Constitution provides that "All bills for raising Revenue shall originate in the House of Representatives." As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, whenever the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. Although it cannot originate revenue and appropriation bills, the Senate retains the power to amend or reject them.
Each bill goes through several stages in each house; the first stage involves consideration by a committee. Most legislation is considered by standing committees, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations. The House has twenty standing committees, but the Senate has only sixteen. In some cases, bills may be sent to select committees (which tend to have more narrow jurisdictions than standing committees. Each standing and select committee is led by a chairman (who belongs to the majority party) and a ranking member (who belongs to the minority party). Committees are permitted to hold hearings and collect evidence when considering bills. They may also amend the bill, but the full house holds the power to accept or reject committee amendments. After considering and debating a measure, the committee votes on whether it wishes to report the measure to the full house.
A decision not to report a bill amounts to a rejection of the proposal. Both houses provide for procedures under which the committee can be bypassed or overruled, but they are rarely used. If reported by the committee, the bill reaches the floor of the full house. The house may debate and amend the bill; the precise procedures used by the House of Representatives and the Senate differ. A final vote on the bill follows.
Central party discipline does not normally govern the voting patterns of members of either house of Congress. Personal reputation, fundraising, and campaigning tend to play a major part in congressional elections; support from the national party alone may not suffice. Thus, as members of Congress tend not to rely on the national party organizations for support, they tend to be more independent of the leadership. The power of the leadership is diminished by the fact that the power to "punish" wayward members is slight. The degree of independence is arguably even greater in the Senate than in the House. The party leadership may use the "catch and release" strategy in order to ensure the passage of important legislation with the support of reluctant members. The leaders "catch" a member, pressuring him or her to vote in favor of the legislation even if it is unpopular in the member's constituency. Then, if the bill has sufficient support to pass anyway, the member may be "released," that is, permitted to vote as he or she pleases. Hence, members may avoid alienating influential special interest groups, while at the same time remaining loyal to the party.
Once a bill is approved by one house, it is sent to the other, which may pass, reject, or amend it. In order for the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, then the differences between the two versions must be reconciled in a conference committee, an ad hoc committee that includes both senators and representatives. In many cases, conference committees have introduced substantial changes to bills and added unrequested spending, significantly departing from both the House and Senate versions. President Ronald Reagan once quipped, "If an orange and an apple went into conference consultations, it might come out a pear." If both houses agree to the version reported by the conference committee, the bill passes; otherwise, it fails.
After passage by both houses, a bill is submitted to the President. The President may choose to sign the bill, thereby making it law. The President may also choose to veto the bill, returning it to Congress with his or her objections. In such a case, the bill only becomes law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the President may choose to take no action, neither signing nor vetoing the bill. In such a case, the Constitution states that the bill automatically becomes law after ten days (excluding Sundays). However, if Congress adjourns (ends a legislative session) during the ten day period, then the bill does not become law. Thus, the President may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as a pocket veto, and cannot be overridden by the adjourned Congress.
Powers
Section 8 of Article One of the United States Constitution sets forth the powers of Congress. The most important powers include the powers to levy and collect taxes, to borrow money, to regulate commerce with foreign nations and among the states, to coin money, to establish courts inferior to the Supreme Court, to raise and maintain the armed forces, and to declare war. Congress holds a variety of other powers in addition to those aforementioned. Furthermore, the "elastic clause" of the Constitution permits Congress to make "all Laws which shall be necessary and proper for carrying into Execution" its other powers. The Supreme Court has interpreted the necessary and proper clause broadly, permitting Congress to extend the scope of its powers. Additional powers are mentioned in other parts of the Constitution. For instance, Congress has the power to admit new states to the Union (Article Four). Other powers are mentioned in constitutional amendments.
Section 9 of Article One denotes certain limits of congressional authority. For instance, it may not suspend the privilege of the writ of habeas corpus (except in cases of rebellion or invasion), pass bills of attainder or ex post facto laws, or grant titles of nobility. Several other restrictions are specified by constitutional amendments, especially the Bill of Rights. The last amendment that forms a part of the Bill of Rights, the Tenth Amendment, provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The Constitution does not explicitly state that the courts may exercise judicial review (the power to strike down laws on the grounds of unconstitutionality). However, the notion that courts could declare laws unconstitutional was accepted by several delegates; for example, Alexander Hamilton mentioned and expounded the doctrine in Federalist No. 78. In 1803, the Supreme Court, led by Chief Justice John Marshall, established the legitimacy of judicial review in deciding Marbury v. Madison. After Marbury, the Supreme Court did not strike down an Act of Congress for over fifty years, until deciding Dred Scott v. Sandford in 1857. Since then, however, numerous laws passed by Congress have been declared unconstitutional.
Checks and balances
The influence of Congress with respect to the presidency has fluctuated throughout history. Neither the executive nor the legislative branch dominated government until the latter half of the nineteenth century, when the balance of power shifted to the Congress. The impeachment of Andrew Johnson, coupled with the ineffectiveness of most Presidents during the Gilded Age, served to make the presidency much less powerful than Congress. During the late nineteenth century, President Grover Cleveland aggressively attempted to restore the executive branch's power, vetoing over four hundred bills during his first term. The twentieth century has seen the rise of the power of the Presidency under Theodore Roosevelt, Franklin Delano Roosevelt, Richard Nixon, Ronald Reagan, and others (see Imperial Presidency). In recent years, Congress has restricted the powers of the President with laws such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution; nevertheless, the Presidency remains considerably more powerful than during the nineteenth century.
One of the most important non-legislative functions of the Congress is the power to investigate and to oversee the executive branch. This power is usually delegated to committees—standing committees, special committees, select committees, or 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, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary, compel individuals to testify by issuing subpoenas. Witnesses who refuse to testify may be cited for contempt of Congress, and those who testify falsely may be charged with perjury. Most committee hearings are open to the public; important hearings are widely reported in the mass media.
The Constitution empowers the House of Representatives to impeach federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors." The Senate is constitutionally empowered to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (Another resigned before the Senate could complete the trial.) Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction.
Under the Twelfth Amendment, Congress has the power to break deadlocks in the electoral college. If no presidential candidate achieves an electoral majority, the House may elect the President from the three candidates with the highest numbers of electoral votes. Similarly, if no vice presidential candidate achieves an electoral majority, the Senate may elect the Vice President from the two candidates with the highest numbers of electoral votes.
The Constitution entrusts certain powers to the Senate alone, and not to the House of Representatives. The President may not appoint Cabinet officials, judges, and other high officers without first obtaining the "advice and consent" of the Senate. The Senate confirms most presidential nominees, but rejections are not uncommon. Furthermore, the President may ratify treaties only with the assent of a two-thirds majority in the Senate. The House of Representatives has no formal role in either the appointment of federal officials or the ratification of treaties.
Privileges
Under the Constitution, members of both houses enjoy the privilege of being free from arrest in all cases, except for treason, felony, and breach of the peace. This immunity applies to members "during their Attendance at the Session of their respective Houses, and in going to and returning from the same." The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons and subpoenas. The rules of the House very strictly guard this privilege; a member may not waive the privilege on his or her own, but must seek the permission of the whole house to do so. Senate rules, on the other hand, are less strict, and permit individual senators to waive the privilege as they see fit.
The Constitution also guarantees freedom of debate in both houses, providing, "for any Speech or Debate in either House, they shall not be questioned in any other Place." Hence, a member of Congress may not be sued for slander because of remarks made in either house. However, each house has its own rules restricting offensive speeches, and may punish members who transgress them.
Obstructing the work of Congress is a crime under federal law, and is known as contempt of Congress. Each house of Congress has the power to cite individuals for contempt, but may not impose any punishment. Instead, after a house issues a contempt citation, the judicial system pursues the matter like a normal criminal case. If convicted in court, an individual found guilty of contempt of Congress may be imprisoned for up to one year.
See also
References
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- Berman, Daniel M. (1964). In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company.
- Davidson, Roger H., and Walter J. Oleszek. (1998). Congress and Its Members, 6th ed. Washington DC: Congressional Quarterly.
- Herrick, Rebekah. (2001). "Gender effects on job satisfaction in the House of Representatives." Women and Politics, 23 (4), 85–98.
- Hunt, Richard. (1998). "Using the Records of Congress in the Classroom," OAH Magazine of History, 12 (Summer): 34–37.
- Imbornoni, Ann-Marie, David Johnson, and Elissa Haney. (2005). "Famous Firsts by American Women." Infoplease.
- Lee, Frances and Bruce Oppenheimer. (1999). Sizing Up the Senate: The Unequal Consequences of Equal Representation. University of Chicago Press: Chicago.
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- Ritchie, Donald A. (1997). "What Makes a Successful Congressional Investigation." OAH Magazine of History, 11 (Spring): 6–8.
- Story, Joseph. (1891). Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little.
- Wilson, Woodrow. (1885). Congressional Government. New York: Houghton Mifflin.