Congress of the United States

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Britannica Concise Encyclopedia:

Congress of the United States


Legislature of the U.S., separated structurally from the executive and judicial (see judiciary) branches of government. Established by the Constitution of the United States, it succeeded the unicameral congress created by the Articles of Confederation (1781). It consists of the Senate and the House of Representatives. Representation in the Senate is fixed at two senators per state. Until passage of the 17th Amendment (1913), senators were appointed by the state legislatures; since then they have been elected directly. In the House, representation is proportional to each state's population; total membership is restricted (since 1912) to 435 members (the total rose temporarily to 437 following the admission of Hawaii and Alaska as states in 1959). Congressional business is processed by committees: bills are debated in committees in both houses, and reconciliation of the two resulting versions takes place in a conference committee. A presidential veto can be overridden by a two-thirds majority in each house. Congress's constitutional powers include the setting and collecting of taxes, borrowing money on credit, regulating commerce, coining money, declaring war, raising and supporting armies, and making all laws necessary for the execution of its powers. All finance-related legislation must originate in the House; powers exclusive to the Senate include approval of presidential nominations, ratification of treaties, and adjudication of impeachments. See also bicameral system.

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Congress is the collective identity of the Senate and House of Representatives. The word is derived from the Latin for “coming together.” Just as representatives of the American colonies came together in the 1st Continental Congress, the elected representatives of the American people continue to meet together in the U.S. Congress. Sometimes Congress is applied incorrectly to the House of Representatives alone because representatives use the alternate title of congressman and congresswoman (whereas senators are always addressed as senators).

The term Congress also refers to the two sessions between each congressional election. For instance, the 1st Congress met from 1789 to 1791, and the 101st Congress met from 1989 to 1991. Although the House and Senate do most of their work independently of each other, they must eventually come together to pass all legislation. Bills that were debated as S. Res. 45 or H. Res. 230 become an act of Congress when passed.

The fact that Congress represents the nation coming together can be heard in the many regional accents spoken in its chambers. Every state sends two senators and at least one representative. These legislators bring local concerns to national debates, and they work to make sure that the particular needs and concerns of their constituents are addressed in national legislation. These varying needs sometimes pit different sections of the country against each other, whether industrial versus agricultural, energy-producing versus energy-consuming, or the Sun Belt of the Southeast and Southwest versus the Rust Belt of the Northeast and Midwest. Congress provides the forum where the people's elected representatives can debate these conflicting positions and forge some legislative solutions.

Popularity of Congress

As a collective entity, Congress has never been popular. Many members of Congress even run for reelection by running against Congress—by emphasizing their differences with the congressional majorities. This accounts for the contradiction that Congress as a whole rates low in public opinion polls while the individual members of Congress are reelected at a high rate. People like their own senators and representatives, who reflect their views and fight for their interests. They have less admiration for senators and representatives who represent other constituencies and promote other interests.

In 1925 House Speaker Nicholas Longworth (Republican–Ohio) noted that he had been a member of Congress for 20 years:

During the whole of that time we have been attacked, denounced, despised, hunted, harried, blamed, looked down upon, excoriated, and flayed. I refuse to take it personally. I have looked into history…. We were unpopular when Lincoln was a Congressman. We were unpopular when John Quincy Adams was a Congressman. We were unpopular even when Henry Clay was a Congressman. We have always been unpopular. From the beginning of the Republic, it has been the duty of every free-born voter to look down upon us, and the duty of every free-born humorist to make jokes at us.

See also Articles of Confederation; Bicameral; Continental Congress; House of Representatives; Senate

Sources

  • Alvin M. Josephy, Jr., On the Hill: A History of the American Congress (New York: Simon & Schuster, 1979)
 
US History Encyclopedia: United States Congress

The principal institution of representative democracy in the United States, Congress is defined in the first and longest article of the Constitution. The Constitution vests all legislative power in the Senate and House of Representatives, requiring them to assemble at least once every year. The length of each Congress is two years, normally divided between a first and second session. The Constitution enumerates a list of congressional powers that include taxation, borrowing and coining money, regulation of foreign and interstate commerce, establishment of post offices and post roads, creating a court system, raising and supporting military forces, and declaring war. It further authorizes Congress to make all laws "necessary and proper" for exercising those powers.

Following American independence, the first national government under the Articles of Confederation (1781–1789) consisted of a unicameral Congress, in which each state had one vote. That Congress lacked the power to tax or to regulate commerce, nor could it compel the states to comply with its actions. Economic decline and civil unrest encouraged the states to send delegates in 1787 to a Constitutional Convention to devise a more effective central government. Seeking to make the government more powerful without allowing it to grow autocratic, they divided authority among executive, legislative, and judicial branches and further split the Congress into two houses. Through this system of checks and balances they prevented any single branch from gaining absolute power.

The Constitutional Convention deadlocked over the issue of representation in Congress. The Virginia Plan, supported by the larger states, would have set member-ship in both houses of Congress according to the size of a state's population. The New Jersey Plan, offered by the smaller states, would have preserved the equality of the states in congressional voting. A special committee then devised the Connecticut Compromise, or Great Compromise, which apportioned the House by population and gave all states, regardless of size, two senators. The Constitution further stipulated (in Article 5) that no state could lose its equal vote in the Senate without its consent.

During the public debate over the Constitution's ratification, opponents objected to the absence of a Bill of Rights. As a remedy, the First Congress proposed the first ten amendments to the Constitution, which among other things prohibited Congress from making any laws regarding freedom of religion, freedom of speech, freedom of the press, or the right to assemble peacefully and to petition the government (First Amendment). Powers not delegated to the national government were reserved to the states (Tenth Amendment).

House and Senate

When the new government commenced in 1789, members of the House of Representatives were the only federal officials people directly elected by the people. The Electoral College elected the president, while state legislatures chose senators. Representatives had to be twenty-five years or older, residents of their states, and citizens for at least seven years. Members of the House stood for election every two years. In the case of vacancies special elections would be held, since no one could be appointed to the House. The House elected a Speaker, who was initially a neutral presiding officer, although over time that position evolved into a powerful party leader. The larger size of the House (which began at sixty-five members and rose to 435) encouraged the development of rules to limit the time for debate, expedite business, and allow the majority party to exert its will.

With all House seats contested biannually, the framers of the Constitution expected that body to reflect the prevailing political mood. As a "necessary fence" against the "fickleness and passion" of public opinion, they assigned senators six-year terms, with only one-third of the Senate seats contested in any general election. Since two thirds of the senators remained through each election, the Senate defined itself as a "continuing body" that did not need to readopt its rules at the start of each new Congress. Senators had to be at least thirty years of age, residents of their states, and citizens for nine years. Elected by state legislatures, senators were envisioned as "ambassadors" of their states. As a smaller body, the Senate was expected to perfect legislation originating in the House and to serve as an advisory council to the president. The Constitution gave the Senate sole authority to advise and consent on treaties and nominations.

While the "upper house" in most parliamentary governments steadily lost power to the "lower house," the U.S. Senate remained equal with the House of Representatives. This was due in part to the Missouri Compromise of 1820, which provided that the admission of each state permitting slavery would be balanced by the admission of a state that prohibited slavery. With the North and South equally divided in the Senate on this emotional issue, such leading members of the House as Henry Clay, Daniel Webster, and John C. Calhoun gravitated to the Senate, where debate centered in the tumultuous decades prior to the Civil War. Early in the twentieth century, when European reformers stripped upper houses of the power of the purse and of most of their ability to block legislation, Progressive reformers in the United States instead trusted the will of the people. The Seventeenth Amendment (1913) provided for direct election of senators, although reformers were deeply disappointed when voters reelected every incumbent senator running in 1914. The Senate survived the reform era with all of its powers intact and with the bonds between senators and citizens strengthened by the ballot.

Visiting Congress in 1831, Alexis de Tocqueville contrasted the boisterous, "vulgar demeanor" of the House with the sedate decorum and elegant orations of the Senate. He assumed that the Senate drew a better class of legislators; however, Thomas Hart Benton, who represented Missouri in both bodies, pointed out that most senators had previously served in the House. The different ethos of the two bodies reflected their contrasting sizes and rules of procedure. Since the Constitution authorized each house to set its own rules and elect its own officers, the rules and procedures of the two houses evolved differently. The larger House debates under specific rules that determine how many amendments to a bill may be considered and for how long. It can further expedite business by suspending the regular order and operating as a Committee of the Whole, a legislative strategy that the smaller Senate does not employ. The Senate allows for "unlimited debate" and generally does not restrict the number of amendments that senators may offer or require those amendments to be germane to the bill. Senate leaders can seek unanimous consent agreements to establish parameters for floor debates, but the objection of a single senator can prevent adoption of such agreements. The extreme version of unlimited debate is the Filibuster. Taken from the Dutch word for pirate, filibusters use extensive speeches and other delaying tactics to hold the floor and prevent the majority from calling for a vote.

Apportionment also accounted for differences between the Senate and the House. By the end of the twentieth century, California, with a population of more than 30 million, elected fifty-two members of the House, while Wyoming, with less than 500,000 residents, had one representative. Yet California and Wyoming each had two senators. Since a majority of the senators represent a minority of the population, the Senate does not operate as a "majoritarian" body. Senate rules and procedures require a supermajority of three-fifths of the senators to vote cloture and cut off filibuster, and they tolerate "holds" by individual senators that can delay votes on bills and nominations.

The Constitution does not require Congress to conduct its business in public. When the First Congress convened in 1789, representatives, who would face voters again in two years, immediately threw open their doors to the public and the press. The first Senate chamber, by contrast, had no public gallery. Senators conducted all business in closed sessions for five years. Even after admitting the public to its legislative debates, the Senate debated and voted on executive business—treaties and nominations—in closed session until 1929. The trend toward legislative openness continued with the enactment of "sunshine" rules in the 1970s that required committees to conduct most business in public view. The Constitution also required each house of Congress to publish a journal of its proceedings. The journals consist of minutes and recorded votes. The verbatim accounts of speeches and floor debates that appear daily in the Congressional Record, however, evolved from notes recorded and published by various newspapers. Congress eventually hired its own reporters of debate and since 1873 has published the Congressional Record. Congress also publishes most of the hearings and reports of its committees and the text of all bills and resolutions.

Congressional Leadership

While the Constitution provided for a Speaker of the House and made the vice president the presiding officer of the Senate, it made no mention of political parties or majority and minority leaders. When members of Congress divided into parties, they established party caucuses or conferences that made committee assignments and steering committees that decided the order of legislative business. The larger House began electing party floor leadership by the mid-nineteenth century. The Senate resisted formally designated leadership until the 1920s. Senate rules and precedents give party leaders few specific powers. The Senate Majority Leader controls the Senate calendar, determining what bills to call up for debate and in what order. Party leaders also have the right of "first recognition," meaning that the presiding officer will call on them before other senators. Otherwise, as Lyndon B. Johnson observed, a majority leader's chief power is the "power of persuasion."

To handle specific legislative tasks, the House and Senate at first elected a stream of ad hoc committees. By 1816 the need for sustained expertise on the myriad of legislative issues caused them to establish standing committees. House and Senate rules set the jurisdictions of these committees and the number of committees on which members could serve. The party conferences appoint members to the standing committees, where they advance via seniority to chairmanships. By the late nineteenth century, the committee chairs had amassed such power over the legislative agendas that they were called "barons." Chairmen could bottle up legislation, refusing to allow bills they opposed to be reported to the floor. Changes in the rules during the 1970s diminished that power and gave other committee members greater voice in matters of staff and agenda. The most influential committees have traditionally been the House Ways and Means Committee and the Senate Finance Committee, which raise revenue through tariffs and taxation, and the House and Senate Appropriations Committees, which authorize all federal funding. Through its "power of the purse" Congress exerts its greatest influence over the executive branch, which can spend nothing without congressional approval.

Congressional committees conduct oversight hearings over the activities of executive agencies and investigate corruption, mismanagement, scandal, and sedition. Congressional investigations date back to 1792, when the House inquired into a military defeat in the Northwest Territory. Other major investigations reviewed the CRé-Dit Mobilier scandal (1872), Teapot Dome (1923–1924), the Army-McCarthy hearings (1954), Watergate (1973–1974), and Iran-Contra (1987). Most investigations targeted government agencies and officials, but in McGrain v. Daugherty (1927) the Supreme Court ruled that even private citizens could be subpoenaed to testify before congressional committees. Sinclair v. United States (1929) further recognized Congress's right to investigate, whether or not it led to the enactment of any new laws. But the anticommunist investigations of the 1940s and 1950s raised questions about the abuse of witnesses. In Watkins v. United States (1957) the Supreme Court found the investigative powers of Congress subject to the limitations imposed by the Bill of Rights. Successful congressional investigations have required persistence, diligence, sharp questioning, and the ability to focus media attention on the issues under investigation.

Since 1800 Congress has met in the U.S. Capitol Building in Washington, D.C. Starting as a small sandstone structure that housed the Senate, House, Supreme Court, and Library of Congress, the Capitol expanded along with the nation. The admission of new states to the union required the construction of massive wings on the Capitol in the 1850s to accommodate larger chambers, and the increased space permitted congressional commit-tees to hire their first clerks. Construction of the first House and Senate office buildings in 1906 and 1909 made room for members to hire personal staffs. Staff sizes remained small until the Legislative Reorganization Act of 1946 established professional staffs for committees and authorized members to hire administrative assistants. The rapid expansion of both legislative business and staff required construction of a complex of House and Senate office buildings and other support networks on Capitol Hill. Congress's ability to hire its own staff reduced its reliance on the expertise of cabinet agencies, especially after legislators grew suspicious of the executive branch during the Vietnam War and the Watergate scandal. Congress eventually amassed the largest legislative staff in the world. Many new members of Congress now come to office with previous experience on the staff.

An Open Branch of Government

Under the "speech and debate" provision of the Constitution (Article 1, Section 6), members of Congress may not be prevented from attending a session or be subject to prosecution for libel or slander regarding anything that they say in Congress. But each house of Congress has the power to punish its own members for disorderly behavior. The House and Senate find it painful to discipline colleagues and would prefer for the voters to judge members' ethics. However, pressure from the press and public, as well as internal outrage, have periodically required Congress to censure or expel some of its members. The House or Senate may censure a member by a simple majority vote. Although censure carries no specific punishment, it is still a severe rebuke in a collegial body. Censured members rarely win reelection. Expulsion requires a two-thirds vote and is generally reserved for cases of treason or for conviction of a crime. The House, by a majority vote, may vote to impeach presidents, judges, and other federal officials. The Senate then sits as a court (with the chief justice of the Supreme Court presiding at presidential impeachment trials) and may remove that official from office by a two-thirds vote. Presidential impeachment trials of Andrew Johnson in 1868 and Bill Clinton in 1999 both resulted in acquittal.

Congress has long operated as the most open branch of government, inviting the public to view its proceedings and establishing press galleries for the media. The Senate authorized the first press gallery in 1841, sixty years before the White House opened a press room. By 1880 both the House and Senate had turned over control of the press galleries to Standing Committees of Correspondents, which reporters themselves elect and which judge applications for press accreditation. Resistance from newspaper correspondents to admitting reporters for other media led Congress to establish separate press galleries for radio and television, periodical press, and press photographers. Congress has regularly employed the newest means of communication to maintain contact with its constituents. The first telegraphic news emanated from the Capitol in 1844. Committee hearings have been broadcast on radio and television, and since 1979 and 1986 the House and Senate respectively have permitted gavel-to-gavel TV coverage of their floor proceedings on C-SPAN (the Cable-Satellite Public Affairs Network).

Despite these efforts to accommodate the press, presidents have tended to overshadow Congress in attracting media attention. The Cold War vastly increased presidential power and prestige, sharply reducing congressional influence over foreign policy. The adoption of a bipartisan foreign policy and the idea that "politics stops at the water's edge" further ceded authority to presidents, who sent troops into combat without requesting formal declarations of war. Presidents argued that they were better equipped to make decisions about war and peace than were "535 secretaries of state" in Congress. The Vietnam War disrupted bipartisan foreign policy, and the rise of an "imperial presidency" that could impound appropriated funds and ignore public protests over military escalations led Congress to reassert itself. Over presidential vetoes Congress passed the War Powers Act (1973) and Congressional Budget and Impoundment Act (1974).

At the same time the Senate also increased its scrutiny of presidential nominations. While senators have rejected only a tiny percentage of all cabinet nominations, believing that presidents deserve their own advisers, they have voted down a higher percentage of Supreme Court nominations, due to the justices' lifetime appointments and the independence of the judiciary. Some have argued that the Senate should restrict itself to examining a nominee's personal integrity and competence, but some nominees have been rejected because of political differences between the president and the Senate majority, as well as because of ideology, personal character, and offensive behavior. If senators from the nominee's home state object to the nomination, other senators generally support them out of "senatorial courtesy," a system that gives senators leverage over the appointment of judges, U.S. attorneys, federal marshals, and other positions in their states.

To enact legislation, both the House and Senate must pass a bill in the same language. If they produce different versions of the bill, they appoint a conference committee to reach a compromise. Each house must then pass the conference report "up or down," with no further amendments. If the president vetoes the bill, Congress may override that veto by a two-thirds vote in each house. Since 1803 the Supreme Court has claimed the right of judicial review and has declared various acts of Congress unconstitutional. These checks and balances mean that only a fraction of the many bills introduced in each session of Congress will ever become law. A bill will often require many years to make its way successfully to enactment. As cumbersome and frustrating as the process has seemed to activist presidents and reformers of all ideological hues, it reflects the original division of powers that the framers of the Constitution devised. Voters have regularly reinforced those divisions by electing presidents and congressional majorities from different parties, increasing the likeliness of legislative gridlock.

An institution of many contradictions, Congress has sought to balance local interests with national needs. Its members work for consensus legislation, but their individual success depends as much upon maintaining their relations with voters in their districts and states as upon their accomplishments in Washington. As a result, the conflicting demands of lawmaking and representation have often resulted in a low public opinion of the legislative branch as a whole but a high reelection rate of individual members.

Bibliography

Baker, Richard A. The Senate of the United States: A Bicentennial History. Malabar, Fla.: Krieger, 1988.

Binder, Sarah A., and Steven S. Smith. Politics or Principle? Filibustering in the United States Senate. Washington, D.C.: Brookings Institution, 1997.

Currie, James T. The United States House of Representatives. Malabar, Fla.: Krieger, 1988.

Davidson, Roger H., and Walter J. Oleszek. Congress and Its Members. 7th ed. Washington, D.C.: CQ Press, 2000.

Fisher, Louis. The Politics of Shared Power: Congress and the Executive. 4th ed. College Station: Texas A&M Press, 1998.

Ornstein, Norman J., Thomas E. Mann, and Michael J. Malbin. Vital Statistics on Congress. Washington, D.C.: American Enterprise Institute, 2000.

Peters, Ronald M., Jr. The American Speakership: The Office in Historical Perspective. 2d ed. Baltimore: Johns Hopkins University Press, 1997.

Ritchie, Donald A. The Congress of the United States: A Student Companion. New York: Oxford University Press, 2001.

—Donald A. Ritchie

 
Spotlight: Congress

From our Archives: Today's Highlights, May 16, 2006

On this date in 1866, the US Congress voted to replace the half-dime with a five-cent coin called the nickel. The Shield nickel was the first American five-cent piece not to contain any precious metals. It was designed by James B. Longacre, the mint's chief engraver. The Jefferson nickel that we know today was designed by Felix Schlag in 1938. The obverse shows a likeness of Thomas Jefferson and on the other side is his Virginia estate, Monticello.
 
Columbia Encyclopedia: Congress of the United States,
the legislative branch of the federal government, instituted (1789) by Article 1 of the Constitution of the United States, which prescribes its membership and defines its powers. Congress is composed of two houses—the Senate and the House of Representatives.

The Senate

The senators, two from each state, have six-year terms and were chosen by the state legislatures until 1913, when the Seventeenth Amendment, providing for their direct popular election, went into effect. Actually, many states, especially in the West, had already in effect adopted this reform through the use of the direct primary. The terms of one third of the senators expire every two years. A senator must be at least 30 years old, a U.S. citizen of not less than nine years standing, and a resident of the state in which he or she is elected. The Senate is presided over by the vice president of the United States, who has no part in its deliberations and may vote only in case of a tie; in his absence his duties are assumed by a president pro tempore, elected by the Senate.

The House of Representatives

Members of the House of Representatives are apportioned among the states according to their populations in the federal census. Every state is entitled to at least one representative. States that are entitled only to one (currently Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming) have a representative at large, i.e., one elected by the whole state. The legislatures of those states entitled to more than one representative have been required since 1842 to divide their states into congressional districts. Representatives are chosen for two-year terms, and the entire body comes up for reelection every two years. A representative must be 25 or older, a U.S. citizen of at least seven years standing, and a resident of the state in which he or she is elected. Although without a vote (except on the committees on which they serve), one resident commissioner from Puerto Rico (elected for a four-year term) and one delegate each from the District of Columbia, American Samoa, Guam, and the U.S. Virgin Islands (elected for two-year terms) sit in the House. The presiding officer of the House, the speaker, is elected by the members of the House and may designate any member of the House to act in his absence. In 1910 a revolt against the powerful speaker, Joseph Gurney Cannon, resulted in the transfer of much of the power and influence of that office to the House committees. The reforms of the mid-1970s, however, modified seniority rules and gave committee members and the speaker more powers, and changes introduced in the mid-1990s by the Republicans further reduced the influence of seniority and concentrated more power in the speaker and other members of the majority leadership.

Responsibilities of Congress

The most important responsibility of Congress is that of making the laws of the United States. In both houses the work of preparing and considering legislation is done by standing committees, and in addition there are special committees in each house as well as joint committees with bicameral membership. The two houses have an equal voice in legislation, but revenue bills must originate in the House of Representatives. Bills, after having been passed by each house separately, must be signed by the president of the United States within 10 days of their submission, or they become law automatically, unless Congress is not in session. If vetoed by the president, a bill may become law only by its repassage by a two-thirds majority in each house. The Constitution requires a regular annual meeting of Congress, which, since the passage of the Twentieth Amendment in 1933, begins on Jan. 3 each year. The president may call an extra session of Congress or of either house. The proceedings of each house are recorded in the Congressional Record.

Only the House of Representatives may impeach the president or other federal officers and the Senate alone has the authority to try impeachments, but each house is the judge of the qualifications of its own members. The Senate must ratify all treaties by a two-thirds vote and confirm important presidential appointments to office, including cabinet members, judges of federal courts, and high-ranking officers of the armed forces. Because of this and because it is the smaller body and its members enjoy longer terms of office and virtually unlimited debate, the Senate is regarded as the more powerful of the two houses.

Congress, as a whole, reached the zenith of its power during Reconstruction. Throughout its history many critics have charged that Congress operates under antiquated machinery and processes that are inadequate. Procedural reforms proposed have included the adoption of a rule of relevancy in Senate debate, employing joint hearings on similar bills, liberalizing the methods by which a bill may be discharged from committee for consideration, and abolishing seniority as the basis for committee chairmanships.

Bibliography

See R. Dadson, The Role of the Congressman (1969); N. W. Polsby, Congress and the Presidency (2d ed. 1971); L. Fisher, President and Congress (1972); A. Clausen, How Congressmen Decide (1973); J. Kingdon, Congressmen's Voting Decisions (1973); R. Goehlert and J. Sayre, The United States Congress (1981); J. L. Sundquist, The Decline and Resurgence of Congress (1981); M. A. Peterson, Legislating Together: The White House and Capitol Hill From Eisenhower to Reagan (1990); D. R. Mayhew, Divided We Govern (1991).


 
Law Encyclopedia: Congress of the United States
This entry contains information applicable to United States law only.

The legislative branch of the U.S. government, consisting of the Senate and the House of Representatives.

The Congress of the United States is the highest lawmaking body in the United States and one of the oldest national legislatures in the world. Established under the terms of the U.S. Constitution in 1789, the House of Representatives and the Senate have for over two hundred years created the federal laws governing the United States. Congress remains one of the few national assemblies that research and draft their own legislation rather than simply voting on bills created by the government in power. In addition to its legislative functions, the U.S. Congress is empowered by the Constitution to ensure that the administration of government is carried out according to the laws it establishes, to conduct special investigations, and to exercise other special powers in relation to the executive and the judiciary.

History and Structure

Between 1774 and 1789, the Continental Congress served as the federal lawmaking body for the thirteen American colonies and (after it passed the Declaration of Independence on July 4, 1776) the United States. The Continental Congress proved to be an ineffective national legislature, however, particularly after ratification of its founding constitution, the Articles of Confederation, in 1781. This congress lacked the authority to raise funds from the states and was not adept at the administration of federal government.

The Framers of the Constitution, meeting in the Constitutional Convention of 1787, attempted to repair the shortcomings of the Continental Congress by creating a more effective federal legislature. The resulting Congress, made up of a House of Representatives and a Senate, first met with a quorum of members on April 1, 1789, in New York City, eventually reaching its full size at sixty-five representatives and twenty-six senators.

Article I of the Constitution sets forth the basic form and powers of Congress. As designed by the Constitution's Framers, the House is more responsive to public sentiment, and the Senate is a more deliberate and stable body. James Madison, writing in The Federalist, no. 62, argued that members of the Senate should have a "tenure of considerable duration" and should be fewer in number in order to avoid the "intemperate and pernicious resolutions" often passed by "single and numerous" legislative assemblies. Accordingly, the Constitution requires that senators serve six years in office, with one-third of them up for reelection every two years — whereas all House members, called representatives, go up for reelection every two years. In addition, the Constitution requires that senators be at least thirty years old to take office, whereas representatives must be a minimum of twenty-five years old. Moreover, senators were originally elected by state legislatures and representatives rather than the general population, but this procedure was ended with the passage of the Seventeenth Amendment in 1913.

Congress has grown steadily in size as the nation has gained population and added states. The House reached its current size of 435 members in 1912, and the Permanent Apportionment Act of 1929 (46 Stat. 21, 26, 27) fixed its size at this number. The Senate reached one hundred members after the admission of Hawaii as a state in 1959.

Powers of Congress

Article I, Section 8, of the Constitution defines the powers of Congress. These include the powers to assess and collect taxes; to regulate commerce, both interstate and with foreign nations; to coin money; to establish post offices and post roads; to establish federal courts inferior to the Supreme Court; to declare war; to establish rules for the government; and to raise and maintain an army and navy.

Article I, Section 8, also declares that "Congress shall have Power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Called the Necessary and Proper Clause or the Implied Powers Clause, this part of the Constitution enables Congress to undertake activities not specifically enumerated by the Constitution but implied by its provisions. The Necessary and Proper Clause has been used to greatly expand congressional authority (see McCulloch v. Maryland, 17 U.S. [4 Wheat.] 316, 4 L. Ed. 579 [1819]).

Another power vested in Congress is the right to propose amendments to the Constitution upon approval by two-thirds of both houses. Should two-thirds of the state legislatures demand changes in the Constitution, Congress must call a constitutional convention. Proposed amendments are valid as part of the Constitution when ratified by the legislatures or by conventions of three-fourths of the states. Either means of ratification may be proposed by Congress.

Congress retains a number of other special powers. It may act as a judicial body to impeach and try a president or other civil officer for misconduct; in such cases, the House impeaches, or charges, the official, and the Senate conducts the trial. Congress is also empowered to create and use administrative agencies and boards, such as the National Highway Traffic Safety Administration and the National Mediation Board, to determine facts and to enforce its legislative policies and enactments.

The Constitution vests each house of Congress with distinct powers as well. The House, for example, has sole responsibility for originating all tax bills, and the Senate has power to approve treaties. The House also chooses the president and vice president if no candidate wins a majority of electoral votes in the presidential election.

Section 9 of Article I of the Constitution imposes prohibitions upon Congress. This section forbids Congress to suspend the privilege of habeas corpus, except in cases of rebellion; to pass ex post facto, or retroactive, laws; to impose duties on exports; or to grant titles of nobility.

Apportionment

Seats in the Senate are apportioned, or distributed, evenly across the states, with each state receiving two. Seats in the House of Representatives are apportioned between the states on the basis of population, with the largest states receiving the most representatives and no state receiving less than one. The Constitution requires that a census be conducted every ten years in order to determine the number of seats allotted to each state. An apportionment method called equal proportions is used so that no state will receive less than one member.

The Constitution does not mandate that states having more than one representative be divided into congressional districts, although a state legislature can make such a division. States cannot apportion congressional districts on a discriminatory or unreasonable basis.

Investigations

The Senate and the House of Representatives, acting together or independently, can authorize investigations, or hearings, to obtain information for use in connection with the exercise of their constitutional powers. Information gathered in congressional hearings helps lawmakers draft legislation and monitor the actions of government. It also informs the public about important issues confronting the nation. Noted congressional investigations have included the Teapot Dome inquiry in 1923, the 1973-74 Senate Watergate hearings, and the Iran-Contra investigation in 1987. Congress has also examined perceived threats to the government, as in the Army-McCarthy hearings of 1954 in which Senator Joseph R. McCarthy (R-Wis.) led an investigation into Communist influence in the U.S. government.

A congressional committee may conduct an appropriate investigation under the authority granted to it, but the methods used in the exercise of its investigative power must not violate the constitutional rights of those under investigation. The extent of the authority of a congressional committee must be determined at the time the particular information is sought and cannot be extended by later action of Congress.

Congressional investigations can be held to obtain information in connection with Congress's power to legislate and to appropriate funds, in addition to other express powers it possesses. Congress has wide discretion to determine the subject matter it studies as well as the scope and extent of its inquiry. An investigation must, however, be based on direct statements made to Congress, its members, or its committees. Congress or its committees may not indiscriminately examine private citizens in order to learn valuable information or to inhibit the exercise of constitutionally protected rights, such as freedom of speech.

Individuals summoned in a proper manner, or subpoenaed, by Congress or a committee must comply and conform with the summoner's procedure. However, witnesses are legally entitled to refuse to answer questions that are beyond the power of the investigating body or that are irrelevant to the matter under inquiry. A witness who has not been given a grant of immunity can refuse to answer questions that tend to be incriminating under the protection afforded by the Self-Incrimination Clause of the Fifth Amendment to the Constitution.

Committees and Staff

The work of preparing and considering legislation is done largely by committees of both houses of Congress. The membership of the standing committees of each house is chosen by the political parties in Congress. Committee seats are generally distributed to members of different political parties in a ratio equivalent to party membership in the larger House or Senate. Thus, if a party has two-thirds of the seats in the House, it will have approximately two-thirds of the seats in each House committee.

Each bill and resolution is usually referred to the appropriate committee, which may report it out (send it to the floor of the House or Senate) in its original form, favorably or unfavorably; recommend amendments; or allow it to die in committee without action.

A growing workload and the increasingly complex nature of the legislation it passes have caused Congress to hire an increasing number of staff. Over eleven thousand staff served the 103d Congress, in 1993-95.

See: Constitution of the United States; McCulloch v. Maryland; Parliamentary Law.

 
Politics: Congress

The legislative branch of the United States federal government, composed of the House of Representatives and the Senate. Popularly elected, senators and representatives are responsible for advocating the interests of the constituents they represent. Numerous congressional committees are organized to study issues of public policy, recommend action, and, ultimately, pass laws. Congress plays an important role in the system of checks and balances; in fact, the two-house (bicameral) organization of Congress acts as an internal check, for each house must separately vote to pass a bill for it to become a law. In addition to lawmaking, Congress has a variety of functions, including appropriation of funds for executive and judicial activities; instituting taxes and regulating commerce; declaring war and raising and supporting a military; setting up federal courts and conducting impeachment proceedings; and approving presidential appointments.

 
Wikipedia: United States Congress
United States Congress
US_Congress_seal.png
State_of_the_Union.jpg
Type Bicameral
Houses Senate
House of Representatives
President of the Senate
President pro tempore
Dick Cheney, (R)
since January 20, 2001
Robert C. Byrd, (D)
since January 4, 2007
Speaker of the House Nancy Pelosi, (D)
since January 4, 2007
Members 535 plus 4 Delegates and 1 Resident Commissioner
Political groups Democratic Party
Republican Party
Last elections November 7, 2006
Meeting place United States Capitol

The United States Congress is the legislature of the federal government of the United States. It is bicameral, consisting of a Senate and House of Representatives. The House of Representatives has 435 voting members, with each member representing a congressional district and serving a two-year term. House seats are apportioned among the states on the basis of population. American Samoa, the District of Columbia, Guam, and the United States Virgin Islands send non-voting delegates to the House; Puerto Rico sends a non-voting Resident Commissioner who serves a four-year term; and the Northern Mariana Islands are not represented. The Senate has 100 members serving staggered six-year terms. Each state has two senators, regardless of population. Every two years, approximately one-third of the Senate is elected. Both senators and representatives are chosen through direct election.

The United States Constitution vests all legislative power in the Congress. While the House and Senate are generally equal partners in the legislative process (legislation cannot be enacted without the consent of both chambers), the Constitution grants each chamber unique powers unavailable to the other. Article II of the Constitution gives the President "Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Bills for raising revenue must originate in the House of Representatives, which also has the sole power of impeachment of federal officers, while the Senate has the sole power to try cases in which the House has voted an impeachment.

The Congress meets in the U.S. Capitol in Washington, D.C. The term Congress may also refer to a particular meeting of the Congress, reckoned according to the terms of representatives. That is, a "Congress" covers two years with the first year called the First Session and the second year called the Second Session. The current 110th Congress first convened on January 4, 2007.

History

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The Congress of the United States has its roots from the First Continental Congress, a meeting of representatives of twelve of Great Britain's thirteen North American colonies, in the autumn of 1774.[1] On July 4 1776, the Second Continental Congress adopted the Declaration of Independence, referring to the new nation as the "United States of America".

The Articles of Confederation, which was written in 1776, came in to effect in 1781. Under the Articles of Confederation, the Congress of the Confederation was a unicameral body that had delegates from each state, with equal representation among the states, and in which each state had a veto over most decisions. With no executive or judicial branch, and minimal authority given to the Congress, the central government was weak compared to the states. The Congress of the Confederation had authority over foreign affairs and military matters, but not to collect taxes, regulate interstate commerce, or enforce laws.[2] A key underlying principle was that states remained sovereign, thus were free to ignore any legislation passed by Congress.[3] This system of government did not work well, with economic troubles in the states and dispute among the states.[2]

The ineffectiveness of the federal government under the Articles of Confederation led the Congress to summon the Convention of 1787. Originally intended to revise the Articles of Confederation, it ended up writing a completely new constitution. Virginia delegate James Madison called for a bicameral Congress in his Virginia Plan: the lower house elected directly by the people, and the upper house elected by the lower house. The smaller states, however, favored a unicameral Congress with equal representation for all states; William Paterson countered Madison's proposals with the New Jersey Plan. Eventually, a compromise was reached: the House of Representatives was to provide representation proportional by population, whereas the Senate would provide equal representation by states. 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 gave more powers to the federal government, such as regulating interstate commerce, managing foreign affairs and the military, and establishing a national currency. These were seen as essential for the success of the new nation, but the states retained sovereignty over other affairs.[4] To protect against abuse of power at the federal level, the Constitution mandated separation of powers, with responsibilities divided among the executive, legislative, and judicial branches. Furthermore, the legislative body would be bicameral, so there would be checks and balances.[5] The Constitution was ratified by the end of 1788, and its full implementation was set for March 4, 1789.

The post Civil War Gilded Age was marked by Republican dominance of the Congress. The Progressive Era saw the Seventeenth Amendment (ratified in 1913), which provided for the direct election of senators. The early twentieth century witnessed the rise of strong party leadership in both houses of the Congress. In the House of Representatives, the office of Speaker became extremely powerful. Leaders in the Senate were somewhat less powerful; individual senators still retained much of their influence. After the revolt against Speaker Joe Cannon in 1910, the seniority system emerged. Members became powerful chairmen through years of seniority regardless of the leadership. Committee chairmen remained particularly strong in both houses until the reforms of the 1970s and 1990s.

When Franklin Delano Roosevelt was elected President in 1932, that marked a shift in power towards the presidency. Numerous New Deal initiatives were proposed from the White House and sent to Congress for approval, rather than legislation originating in Congress.[6] After the Watergate scandal and other abuses of power by the Nixon's administration, Congress began to reassert its powers of oversight and in developing legislation.[6]

During the administration of President Franklin D. Roosevelt (1933–45), the Democratic Party controlled both houses of Congress. The Republicans won control of both houses in the 1946 elections, only to lose them in 1948; with Dwight D. Eisenhower's election to the presidency in 1952, the Republicans again won both houses. However, after the Democrats again won back control in the elections of 1954, it was the majority party in both houses of Congress for most of the next forty years; the Republicans were only able to win control of the Senate for a six-year period, 1981–87. The Republicans won a majority position, in both houses of Congress, in the elections of 1994. The Republicans controlled both houses until 2006, except in the Senate for most of 2001 and 2002, when the Democrats had the majority after Jim Jeffords left the Republican Party to become an independent and caucus with the Democrats. In 2006, the Democratic Party regained control of the House of Representatives, and the results of the Senate elections yielded a Senate makeup of 49 Republicans, 49 Democrats, and two independents. In the 110th Congress (2007–08), the Democratic voting bloc has a 51 to 49 majority in the Senate because the two senators who ran and were elected as independents, Joseph Lieberman of Connecticut and Bernie Sanders of Vermont, align themselves with the Democratic Party.

Powers

Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from the necessary-and-proper clause of the Constitution.

Congress has authority over financial and budgetary matters, through the enumerated power to "lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States." (power of the purse) The Sixteenth Amendment extended power of taxation to include income taxes.[7] The Constitution also gives Congress power over appropriating funds, with all government spending required to included in congressional appropriations. This power is an important way for Congress to keep the executive branch in check.[7] Other powers granted to Congress include the authority to borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money.

The Constitution also gives Congress an important role in national defense, including the exclusive power to declare war, to raise and maintain the armed forces, and to make rules for the military. Congress also has the power to establish post offices and post roads, issue patents and copyrights, fix standards of weights and measures, establish courts inferior to the Supreme Court, and "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." Congress also has the power to admit new states to the Union (Article Four).

One of the foremost non-legislative functions of the Congress is the power to investigate and to oversee the executive branch. This is called congressional oversight. This power is usually delegated to United States congressional committeesstanding committee, select and special committee, select committees, or joint committee composed of members of both houses. Congress also has the exclusive power of removal, allowing impeachment and removal of the President.

Enumerated powers

Among the enumerated powers given Congress in Article I Section 8, are:

The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

  • To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
  • To provide for the punishment of counterfeiting the securities and current coin of the United States;
  • To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
  • To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
  • To provide and maintain a navy;
  • To make rules for the government and regulation of the land and naval forces;
  • To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
  • To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
  • To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles (16 km) square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

Other congressional powers have been granted, or confirmed, by constitutional amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) gave Congress authority to enact legislation in order to enforce rights of African Americans, including voting rights, due process, and equal protection under the law.[8]

Implied powers

Congress also has implied powers derived from the necessary-and-proper clause of the Constitution which permits Congress "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." The Supreme Court has interpreted the necessary-and-proper clause broadly, to recognize the Congress has all the power and delegates it rather than being burdened with a separation of powers.

Limits of power

Article I, Section 9 of the U.S. Constitution places limits of congressional authority. For instance, Congress may not suspend the privilege of the writ of habeas corpus ("unless when in cases of rebellion or invasion, the public safety may require it"), or grant titles of nobility. Congress is also prohibited from passing bills of attainder or ex post facto laws.[8] Several other restrictions are specified by constitutional amendments, especially the Bill of Rights. The last clause 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."

Checks and balances

The Constitution provides checks and balances among the three branches of the federal government. The authors of the Constitution expected the greater power to lie with Congress and it has been theorized that that is one reason they are described in Article One.[9]

The influence of Congress on the presidency h