The us congress what the word

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United States Congress
118th United States Congress
Type
Type	Bicameral
Houses	Senate House of Representatives
History
Founded	March 4, 1789 (234 years ago)
Preceded by	Congress of the Confederation
New session started	January 3, 2023
Leadership
President of the Senate	Kamala Harris (D) since January 20, 2021
Senate president pro tempore	Patty Murray (D) since January 3, 2023
Senate Majority Leader	Chuck Schumer (D) since January 20, 2021
Speaker of the House	Kevin McCarthy (R) since January 7, 2023
House Majority Leader	Steve Scalise (R) since January 3, 2023
Structure
Seats	535 voting members 100 senators 435 rep­re­sen­ta­tives 6 non-voting members
Senate political groups	Majority (51)   Democratic (48)   Independent (3)[a] Minority (49)   Republican (49)
House of Representatives political groups	Majority (222)   Republican (222) Minority (213)   Democratic (213)
Elections
Senate last election	November 8, 2022
House of Representatives last election	November 8, 2022
Senate next election	November 5, 2024
House of Representatives next election	November 5, 2024
Meeting place
United States Capitol Washington, D.C. United States of America
Website
www.congress.gov
Constitution
United States Constitution

The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor’s appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members.^[3]

The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 established that there be 435 representatives, and the Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts. It is also required that the congressional districts be apportioned among states by population every ten years using the U.S. census results, provided that each state has at least one congressional representative. Each senator is elected at-large in their state for a six-year term, with terms staggered, so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for the 50 states.

Article One of the U.S. Constitution requires that members of Congress must be at least 25 years old (House) or at least 30 years old (Senate), have been a citizen of the U.S. for seven (House) or nine (Senate) years, and be an inhabitant of the state which they represent. Members in both chambers may stand for re-election an unlimited number of times.

The Congress was created by the U.S. Constitution and first met in 1789, replacing the Congress of the Confederation in its legislative function. Although not legally mandated, in practice since the 19th century, Congress members are typically affiliated with one of the two major parties, the Democratic Party or the Republican Party, and only rarely with a third party or independents affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to caucus with members of the political parties. Members can also switch parties at any time, although this is quite uncommon.

Overview[edit]

Article One of the United States Constitution states, «All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.» The House and Senate are equal partners in the legislative process – legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while the House initiates revenue-raising bills.

The House initiates impeachment cases, while the Senate decides impeachment cases.^[4] A two-thirds vote of the Senate is required before an impeached person can be removed from office.^[4]

The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 118th Congress, began on January 3, 2023, and will end on January 3, 2025. Since the adoption of the Twentieth Amendment to the United States Constitution, the Congress has started and ended at noon on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, Congressmen, or Congresswomen.

Scholar and representative Lee H. Hamilton asserted that the «historic mission of Congress has been to maintain freedom» and insisted it was a «driving force in American government»^[5] and a «remarkably resilient institution».^[6] Congress is the «heart and soul of our democracy», according to this view,^[7] even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices; one wrote that «legislators remain ghosts in America’s historical imagination.»^[7] One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and is extraordinarily sensitive to public pressure.^[7] Several academics described Congress:

Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government’s most representative body … Congress is essentially charged with reconciling our many points of view on the great public policy issues of the day.

— Smith, Roberts, and Wielen^[5]

Congress is constantly changing and is constantly in flux.^[8] In recent times, the American South and West have gained House seats according to demographic changes recorded by the census and includes more women and minorities.^[8] While power balances among the different parts of government continue to change, the internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties, civic associations, interest groups, and the mass media.^[7]

The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and a state’s at-large representation to the federal government by senators.

Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90 percent.^[9]

The historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, which is a part of the National Archives and Records Administration.^[10]

Congress is directly responsible for the governing of the District of Columbia, the current seat of the federal government.

History[edit]

The First Continental Congress was a gathering of representatives from twelve of the thirteen colonies of North America.^[11] 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 in 1781 created the Congress of the Confederation, a unicameral body with equal representation among the states in which each state had a veto over most decisions. Congress had executive but not legislative authority, and the federal judiciary was confined to admiralty^[12] and lacked authority to collect taxes, regulate commerce, or enforce laws.^[13][14]

Government powerlessness led to the Convention of 1787 which proposed a revised constitution with a two-chamber or bicameral Congress.^[15] Smaller states argued for equal representation for each state.^[16] The two-chamber structure had functioned well in state governments.^[17] A compromise plan, the Connecticut Compromise, was adopted with representatives chosen by population (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states).^[8][18] The ratified constitution created a federal structure with two overlapping power centers so that each citizen as an individual is subject to the powers of state government and national government.^[19][20][21] To protect against abuse of power, each branch of government – executive, legislative, and judicial – had a separate sphere of authority and could check other branches according to the principle of the separation of powers.^[4] Furthermore, there were checks and balances within the legislature since there were two separate chambers.^[22] The new government became active in 1789.^[4][23]

Political scientist Julian E. Zelizer suggested there were four main congressional eras, with considerable overlap, and included the formative era (1780s–1820s), the partisan era (1830s–1900s), the committee era (1910s–1960s), and the contemporary era (1970–present).^[24]

1780s–1820s: Formative Era[edit]

Federalists and anti-federalists jostled for power in the early years as political parties became pronounced. With the passage of the Constitution and the Bill of Rights, the anti-federalist movement was exhausted. Some activists joined the Anti-Administration Party that James Madison and Thomas Jefferson were forming about 1790–1791 to oppose policies of Treasury Secretary Alexander Hamilton; it soon became the Democratic-Republican Party or the Jeffersonian Republican Party^[25] and began the era of the First Party System. Thomas Jefferson’s election to the presidency marked a peaceful transition of power between the parties in 1800. John Marshall, 4th chief justice of the Supreme Court, empowered the courts by establishing the principle of judicial review in law in the landmark case Marbury v. Madison in 1803, effectively giving the Supreme Court a power to nullify congressional legislation.^[26][27]

1830s–1900s: Partisan Era[edit]

These years were marked by growth in the power of political parties. The watershed event was the Civil War which resolved the slavery issue and unified the nation under federal authority but weakened the power of states’ rights. The Gilded Age (1877–1901) was marked by Republican dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President Ulysses S. Grant in which influential lobbies advocated for railroad subsidies and tariffs on wool.^[28] Immigration and high birth rates swelled the ranks of citizens and the nation grew at a rapid pace. The Progressive Era was characterized by strong party leadership in both houses of Congress as well as calls for reform; sometimes reformers said lobbyists corrupted politics.^[29] The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon. The Senate was effectively controlled by a half dozen men.^{[citation needed]}

1910s–1960s: Committee Era[edit]

A system of seniority, in which long-time members of Congress gained more and more power, encouraged politicians of both parties to seek long terms. Committee chairmen remained influential in both houses until the reforms of the 1970s.

Important structural changes included the direct popular election of senators according to the Seventeenth Amendment,^[18] ratified on April 8, 1913. Supreme Court decisions based on the Constitution’s commerce clause expanded congressional power to regulate the economy.^[30] One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to the electorate.^[31] Lame duck reforms according to the Twentieth Amendment reduced the power of defeated and retiring members of Congress to wield influence despite their lack of accountability.^[32]

The Great Depression ushered in President Franklin Roosevelt and strong control by Democrats^[33] and historic New Deal policies. Roosevelt’s election in 1932 marked a shift in government power towards the executive branch. Numerous New Deal initiatives came from the White House rather initiated by Congress.^[34] President Roosevelt pushed his agenda in Congress by detailing Executive Branch staff to friendly Senate committees (a practice that ended with the Legislative Reorganization Act of 1946).^[35] The Democratic Party controlled both houses of Congress for many years.^[36][37][38] During this time, Republicans and conservative southern Democrats^[39] formed the Conservative Coalition.^[38][40] Democrats maintained control of Congress during World War II.^[41][42] Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees.^[43] Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy.^[43] Senator Joseph McCarthy exploited the fear of communism during the Second Red Scare and conducted televised hearings.^[44][45] In 1960, Democratic candidate John F. Kennedy narrowly won the presidency and power shifted again to the Democrats who dominated both houses of Congress until 1994.

Since 1970: Contemporary Era[edit]

Congress enacted Johnson’s Great Society program to fight poverty and hunger. The Watergate Scandal had a powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal «substantially reshaped» relations between the branches of government, suggested political scientist Bruce J. Schulman.^[47] Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as the Board of Education.^[7] Congress began reasserting its authority.^[34][48] Lobbying became a big factor despite the 1971 Federal Election Campaign Act. Political action committees or PACs could make substantive donations to congressional candidates via such means as soft money contributions.^[49] While soft money funds were not given to specific campaigns for candidates, the money often benefited candidates substantially in an indirect way and helped reelect candidates.^[49] Reforms such as the 2002 Bipartisan Campaign Reform Act limited campaign donations but did not limit soft money contributions.^[50] One source suggests post-Watergate laws amended in 1974 meant to reduce the «influence of wealthy contributors and end payoffs» instead «legitimized PACs» since they «enabled individuals to band together in support of candidates».^[51] From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $12.5 million to $120 million^[51][52][53] along with concern over PAC influence in Congress.^[54][55] In 2009, there were 4,600 business, labor and special-interest PACs^[56] including ones for lawyers, electricians, and real estate brokers.^[57] From 2007 to 2008, 175 members of Congress received «half or more of their campaign cash» from PACs.^[56][58][59]

From 1970 to 2009, the House expanded delegates, along with their powers and privileges representing U.S. citizens in non-state areas, beginning with representation on committees for Puerto Rico’s resident commissioner in 1970. In 1971, a delegate for the District of Columbia was authorized, and in 1972 new delegate positions were established for U.S. Virgin Islands and Guam. 1978 saw an additional delegate for American Samoa, and another for the Commonwealth of the Northern Mariana Islands began in 2009. These six members of Congress enjoy floor privileges to introduce bills and resolutions, and in recent Congresses they vote in permanent and select committees, in party caucuses and in joint conferences with the Senate. They have Capitol Hill offices, staff and two annual appointments to each of the four military academies. While their votes are constitutional when Congress authorizes their House Committee of the Whole votes, recent Congresses have not allowed for that, and they cannot vote when the House is meeting as the House of Representatives.^[60]

In the late 20th century, the media became more important in Congress’s work.^[61] Analyst Michael Schudson suggested that greater publicity undermined the power of political parties and caused «more roads to open up in Congress for individual representatives to influence decisions».^[61] Norman Ornstein suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as the tabloidization of media coverage.^[8] Others saw pressure to squeeze a political position into a thirty-second soundbite.^[62] A report characterized Congress in 2013 as unproductive, gridlocked, and «setting records for futility».^[63] In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would «fire every member of Congress» including their own representative.^[64] One report suggested Congress posed the «biggest risk to the U.S. economy» because of its brinksmanship, «down-to-the-wire budget and debt crises» and «indiscriminate spending cuts», resulting in slowed economic activity and keeping up to two million people unemployed.^[65] There has been increasing public dissatisfaction with Congress,^[66] with extremely low approval ratings^[67][68] which dropped to 5% in October 2013.^[69]

On January 6, 2021, the Congress gathered to confirm the election of Joe Biden, when supporters of the outgoing president Donald Trump attacked the building. The session of Congress ended prematurely and Congress representatives evacuated. Trump supporters occupied Congress until D.C police evacuated the area. The event was the first time since the Burning of Washington that the United States Congress was forcefully occupied.^[70]

Women in Congress[edit]

Various social and structural barriers have prevented women from gaining seats in Congress. In the early 20th century, women’s domestic roles and the inability to vote forestalled opportunities to run for and hold public office. The two party system and the lack of term limits favored incumbent white men, making the widow’s succession – in which a woman temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women.^[71]

Women candidates began making substantial inroads in the later 20th century, due in part to new political support mechanisms and public awareness of their underrepresentation in Congress. ^[72] Recruitment and financial support for women candidates were rare until the second-wave feminism movement, when activists moved into electoral politics. Beginning in the 1970s, donors and political-action-committees like EMILY’s List began recruiting, training and funding women candidates. Watershed political moments like the confirmation of Clarence Thomas and the 2016 presidential election created momentum for women candidates, resulting in the Year of the Woman and the election of members of The Squad, respectively.^{[citation needed]}

Women of color faced additional challenges that made their ascension to Congress even more difficult. Jim Crow laws, voter suppression and other forms of structural racism made it virtually impossible for women of color to reach Congress prior to 1965. The passage of the Voting Rights Act that year, and the elimination of race-based immigration laws in the 1960s opened the possibility for Black, Asian American, Latina and other non-white women candidates to run for Congress.^[73]

Racially polarized voting, racial stereotypes and lack of institutional support still prevent women of color from reaching Congress as easily as white people. Senate elections, which require victories in statewide electorates, have been particularly difficult for women of color.^[74] Carol Moseley Braun became the first woman of color to reach the Senate in 1993. The second, Mazie Hirono, won in 2013.

Role[edit]

Powers[edit]

Overview[edit]

Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress.^[75] Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from the Constitution’s Necessary and Proper Clause.

Congress has authority over financial and budgetary policy through the enumerated power to «lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States». There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress’s power to manage the budget has been lost when the welfare state expanded since «entitlements were institutionally detached from Congress’s ordinary legislative routine and rhythm.»^[76] Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary.^[76]

The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes without apportionment among the several States, and without regard to any census or enumeration.^[77] The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congress’s primary checks on the executive branch.^[77] Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money.^[78] Generally, the Senate and the House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills.^[4]

Congress has 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.^[79] Some critics charge that the executive branch has usurped Congress’s constitutionally defined task of declaring war.^[80] While historically presidents initiated the process for going to war, they asked for and received formal war declarations from Congress for the War of 1812, the Mexican–American War, the Spanish–American War, World War I, and World War II,^[81] although President Theodore Roosevelt’s military move into Panama in 1903 did not get congressional approval.^[81] In the early days after the North Korean invasion of 1950, President Truman described the American response as a «police action».^[82] According to Time magazine in 1970, «U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times.»^[81] In 1993, Michael Kinsley wrote that «Congress’s war power has become the most flagrantly disregarded provision in the Constitution,» and that the «real erosion [of Congress’s war power] began after World War II.»^[83][84][85] Disagreement about the extent of congressional versus presidential power regarding war has been present periodically throughout the nation’s history.^[86]

Congress can establish post offices and post roads, issue patents and copyrights, fix standards of weights and measures, establish Courts inferior to the Supreme Court, and «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». Article Four gives Congress the power to admit new states into the Union.

One of Congress’s foremost non-legislative functions is the power to investigate and oversee the executive branch.^[87] Congressional oversight is usually delegated to committees and is facilitated by Congress’s subpoena power.^[88] Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing the other branches of government. In the Plame affair, critics including Representative Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case.^[89] There have been concerns about congressional oversight of executive actions such as warrantless wiretapping, although others respond that Congress did investigate the legality of presidential decisions.^[90] Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has the exclusive power of removal, allowing impeachment and removal of the president, federal judges and other federal officers.^[91] There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress.^[92] So-called signing statements are one way in which a president can «tip the balance of power between Congress and the White House a little more in favor of the executive branch», according to one account.^[93] Past presidents, including Ronald Reagan, George H. W. Bush, Bill Clinton, and George W. Bush,^[94] have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including the American Bar Association, have described this practice as against the spirit of the Constitution.^[95][96] There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress.^[97] In 2008, George F. Will called the Capitol building a «tomb for the antiquated idea that the legislative branch matters».^[98]

Enumeration[edit]

The Constitution enumerates the powers of Congress in detail. In addition, 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 to enforce rights of African Americans, including voting rights, due process, and equal protection under the law.^[99] Generally militia forces are controlled by state governments, not Congress.^[100]

Implicit, commerce clause[edit]

Congress also has implied powers deriving from the Constitution’s Necessary and Proper Clause which permit 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».^[101] Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v. Maryland, have effectively widened the scope of Congress’s legislative authority far beyond that prescribed in Section Eight.^[102][103]

Territorial government[edit]

Constitutional responsibility for the oversight of Washington, D.C., the federal district and national capital, and the U.S. territories of Guam, American Samoa, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands rests with Congress.^[104] The republican form of government in territories is devolved by congressional statute to the respective territories including direct election of governors, the D.C. mayor and locally elective territorial legislatures.^[105]

Each territory and Washington, D.C., elects a non-voting delegate to the U.S. House of Representatives as they have throughout congressional history. They «possess the same powers as other members of the House, except that they may not vote when the House is meeting as the House of Representatives». They are assigned offices and allowances for staff, participate in debate, and appoint constituents to the four military service academies for the Army, Navy, Air Force and Coast Guard.^[106]

Washington, D.C., citizens alone among U.S. territories have the right to directly vote for the President of the United States, although the Democratic and Republican political parties nominate their presidential candidates at national conventions which include delegates from the five major territories.^[107]

Checks and balances[edit]

Representative Lee H. Hamilton explained how Congress functions within the federal government:

To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each other – balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights … No one part of government dominates the other.^[5]: 6

The Constitution provides checks and balances among the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.^[5][108]

The influence of Congress on the presidency has varied from period to period depending on factors such as congressional leadership, presidential political influence, historical circumstances such as war, and individual initiative by members of Congress. The impeachment of Andrew Johnson made the presidency less powerful than Congress for a considerable period afterwards.^[109] The 20th and 21st centuries have seen the rise of presidential power under politicians such as Theodore Roosevelt, Woodrow Wilson, Franklin D. Roosevelt, Richard Nixon, Ronald Reagan, and George W. Bush.^[110] Congress restricted presidential power with laws such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution. The presidency remains considerably more powerful today than during the 19th century.^[5][110] Executive branch officials are often loath to reveal sensitive information to members of Congress because of concern that information could not be kept secret; in return, knowing they may be in the dark about executive branch activity, congressional officials are more likely to distrust their counterparts in executive agencies.^[111] Many government actions require fast coordinated effort by many agencies, and this is a task that Congress is ill-suited for. Congress is slow, open, divided, and not well matched to handle more rapid executive action or do a good job of overseeing such activity, according to one analysis.^[112]

The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to impeach executive or judicial officials for «Treason, Bribery, or other high Crimes and Misdemeanors». Impeachment is a formal accusation of unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; 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. Impeachment proceedings may not inflict more than this. A convicted 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 three presidents have ever been impeached: Andrew Johnson in 1868, Bill Clinton in 1999, Donald Trump in 2019 and 2021. The trials of Johnson, Clinton, and the 2019 trial of Trump all ended in acquittal; in Johnson’s case, the Senate fell one vote short of the two-thirds majority required for conviction. In 1974, Richard Nixon resigned from office after impeachment proceedings in the House Judiciary Committee indicated his eventual remove from office.

The Senate has an important check on the executive power by confirming Cabinet officials, judges, and other high officers «by and with the Advice and Consent of the Senate». It confirms most presidential nominees but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. As a result, presidential arm-twisting of senators can happen before a key vote; for example, President Obama’s secretary of state, Hillary Clinton, urged her former senate colleagues to approve a nuclear arms treaty with Russia in 2010.^[113] The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than in filling a vacancy in the office of the vice president; in such a case, a majority vote in each House is required to confirm a president’s nomination of a vice president.^[4]

In 1803, the Supreme Court established judicial review of federal legislation in Marbury v. Madison, holding that Congress could not grant unconstitutional power to the Court itself. The Constitution did not explicitly stated that the courts may exercise judicial review. The notion that courts could declare laws unconstitutional was envisioned by the founding fathers. Alexander Hamilton, for example, mentioned and expounded upon the doctrine in Federalist No. 78. Originalists on the Supreme Court have argued that if the constitution does not say something explicitly it is unconstitutional to infer what it should, might, or could have said.^[114] Judicial review means that the Supreme Court can nullify a congressional law. It is a huge check by the courts on the legislative authority and limits congressional power substantially. In 1857, for example, the Supreme Court struck down provisions of a congressional act of 1820 in its Dred Scott decision.^[115] At the same time, the Supreme Court can extend congressional power through its constitutional interpretations.

The congressional inquiry into St. Clair’s Defeat of 1791 was the first congressional investigation of the executive branch.^[116] 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, subpoena people to testify when investigating issues over which it has the power to legislate.^[117][118] 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 (the House and Senate intelligence committees are the exception); important hearings are widely reported in the mass media and transcripts published a few months afterwards.^[118] Congress, in the course of studying possible laws and investigating matters, generates an incredible amount of information in various forms, and can be described as a publisher.^[119] Indeed, it publishes House and Senate reports^[119] and maintains databases which are updated irregularly with publications in a variety of electronic formats.^[119]

Congress also plays a role in presidential elections. Both Houses meet in joint session on the sixth day of January following a presidential election to count the electoral votes, and there are procedures to follow if no candidate wins a majority.^[4]

The main result of congressional activity is the creation of laws,^[120] most of which are contained in the United States Code, arranged by subject matter alphabetically under fifty title headings to present the laws «in a concise and usable form».^[4]

Structure[edit]

Congress is split into two chambers – House and Senate – and manages the task of writing national legislation by dividing work into separate committees which specialize in different areas. Some members of Congress are elected by their peers to be officers of these committees. Further, Congress has ancillary organizations such as the Government Accountability Office and the Library of Congress to help provide it with information, and members of Congress have staff and offices to assist them as well. In addition, a vast industry of lobbyists helps members write legislation on behalf of diverse corporate and labor interests.

Committees[edit]

Specializations[edit]

The committee structure permits members of Congress to study a particular subject intensely. It is neither expected nor possible that a member be an expert on all subject areas before Congress.^[121] As time goes by, members develop expertise in particular subjects and their legal aspects. Committees investigate specialized subjects and advise the entire Congress about choices and trade-offs. The choice of specialty may be influenced by the member’s constituency, important regional issues, prior background and experience.^[122] Senators often choose a different specialty from that of the other senator from their state to prevent overlap.^[123] Some committees specialize in running the business of other committees and exert a powerful influence over all legislation; for example, the House Ways and Means Committee has considerable influence over House affairs.^[124]

Power[edit]

Committees write legislation. While procedures, such as the House discharge petition process, can introduce bills to the House floor and effectively bypass committee input, they are exceedingly difficult to implement without committee action. Committees have power and have been called independent fiefdoms. Legislative, oversight, and internal administrative tasks are divided among about two hundred committees and subcommittees which gather information, evaluate alternatives, and identify problems.^[125] They propose solutions for consideration by the full chamber.^[125] In addition, they perform the function of oversight by monitoring the executive branch and investigating wrongdoing.^[125]

Officer[edit]

At the start of each two-year session, the House elects a speaker who does not normally preside over debates but serves as the majority party’s leader. In the Senate, the vice president is the ex officio president of the Senate. In addition, the Senate elects an officer called the president pro tempore. Pro tempore means for the time being and this office is usually held by the most senior member of the Senate’s majority party and customarily keeps this position until there is a change in party control. Accordingly, the Senate does not necessarily elect a new president pro tempore at the beginning of a new Congress. In the House and Senate, the actual presiding officer is generally a junior member of the majority party who is appointed so that new members become acquainted with the rules of the chamber.

Support services[edit]

Library[edit]

The Library of Congress was established by an act of Congress in 1800. It is primarily housed in three buildings on Capitol Hill, but also includes several other sites: the National Library Service for the Blind and Physically Handicapped in Washington, D.C.; the National Audio-Visual Conservation Center in Culpeper, Virginia; a large book storage facility located at Fort Meade, Maryland; and multiple overseas offices. The Library had mostly law books when it was burned by a British raiding party during the War of 1812, but the library’s collections were restored and expanded when Congress authorized the purchase of Thomas Jefferson’s private library. One of the library’s missions is to serve Congress and its staff as well as the American public. It is the largest library in the world with nearly 150 million items including books, films, maps, photographs, music, manuscripts, graphics, and materials in 470 languages.^[126]

Research[edit]

The Congressional Research Service, part of the Library of Congress, provides detailed, up-to-date and non-partisan research for senators, representatives, and their staff to help them carry out their official duties. It provides ideas for legislation, helps members analyze a bill, facilitates public hearings, makes reports, consults on matters such as parliamentary procedure, and helps the two chambers resolve disagreements. It has been called the «House’s think tank» and has a staff of about 900 employees.^[127]

Budgeting[edit]

The Congressional Budget Office or CBO is a federal agency which provides economic data to Congress.^[128]

It was created as an independent non-partisan agency by the Congressional Budget and Impoundment Control Act of 1974. It helps Congress estimate revenue inflows from taxes and helps the budgeting process. It makes projections about such matters as the national debt^[129] as well as likely costs of legislation. It prepares an annual Economic and Budget Outlook with a mid-year update and writes An Analysis of the President’s Budgetary Proposals for the Senate’s Appropriations Committee. The speaker of the House and the Senate’s president pro tempore jointly appoint the CBO director for a four-year term.

Lobbying[edit]

Lobbyists represent diverse interests and often seek to influence congressional decisions to reflect their clients’ needs. Lobby groups and their members sometimes write legislation and whip bills. In 2007, there were approximately 17,000 federal lobbyists in Washington, D.C.^[130] They explain to legislators the goals of their organizations. Some lobbyists represent non-profit organizations and work pro bono for issues in which they are personally interested.

Police[edit]

Partisanship versus bipartisanship[edit]

Congress has alternated between periods of constructive cooperation and compromise between parties, known as bipartisanship, and periods of deep political polarization and fierce infighting, known as partisanship. The period after the Civil War was marked by partisanship, as is the case today. It is generally easier for committees to reach accord on issues when compromise is possible. Some political scientists speculate that a prolonged period marked by narrow majorities in both chambers of Congress has intensified partisanship in the last few decades, but that an alternation of control of Congress between Democrats and Republicans may lead to greater flexibility in policies, as well as pragmatism and civility within the institution.^[131]

Procedures[edit]

Sessions[edit]

A term of Congress is divided into two «sessions», one for each year; Congress has occasionally been called into an extra or special session. A new session commences on January 3 each year unless Congress decides differently. The Constitution requires Congress to meet at least once each year and forbids either house from meeting outside the Capitol without the consent of the other house.

Joint sessions[edit]

Joint sessions of the United States Congress occur on special occasions that require a concurrent resolution from House and Senate. These sessions include counting electoral votes after a presidential election and the president’s State of the Union address. The constitutionally mandated report, normally given as an annual speech, is modeled on Britain’s Speech from the Throne, was written by most presidents after Jefferson but personally delivered as a spoken oration beginning with Wilson in 1913. Joint Sessions and Joint Meetings are traditionally presided over by the speaker of the House, except when counting presidential electoral votes when the vice president (acting as the president of the Senate) presides.

Bills and resolutions[edit]

Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. Anyone can write a bill, but only members of Congress may introduce bills. Most bills are not written by Congress members, but originate from the Executive branch; interest groups often draft bills as well. The usual next step is for the proposal to be passed to a committee for review.^[4] A proposal is usually in one of these forms:

• Bills are laws in the making. A House-originated bill begins with the letters «H.R.» for «House of Representatives», followed by a number kept as it progresses.^[120]
• Joint resolutions. There is little difference between a bill and a joint resolution since both are treated similarly; a joint resolution originating from the House, for example, begins «H.J.Res.» followed by its number.^[120]
• Concurrent Resolutions affect only the House and Senate and accordingly are not presented to the president. In the House, they begin with «H.Con.Res.»^[120]
• Simple resolutions concern only the House or only the Senate and begin with «H.Res.» or «S.Res.»^[120]

Representatives introduce a bill while the House is in session by placing it in the hopper on the Clerk’s desk.^[120] It is assigned a number and referred to a committee which studies each bill intensely at this stage.^[120] Drafting statutes requires «great skill, knowledge, and experience» and sometimes take a year or more.^[4] Sometimes lobbyists write legislation and submit it to a member for introduction. Joint resolutions are the normal way to propose a constitutional amendment or declare war. 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 but express the opinion of Congress or regulate procedure. Bills may be introduced by any member of either house. The Constitution states: «All Bills for raising Revenue shall originate in the House of Representatives.» While the Senate cannot originate revenue and appropriation bills, it has the power to amend or reject them. Congress has sought ways to establish appropriate spending levels.^[4]

Each chamber determines its own internal rules of operation unless specified in the Constitution or prescribed by law. In the House, a Rules Committee guides legislation; in the Senate, a Standing Rules committee is in charge. Each branch has its own traditions; for example, the Senate relies heavily on the practice of getting «unanimous consent» for noncontroversial matters.^[4] House and Senate rules can be complex, sometimes requiring a hundred specific steps before a bill can become a law.^[5] Members sometimes turn to outside experts to learn about proper congressional procedures.^[132]

Each bill goes through several stages in each house including consideration by a committee and advice from the Government Accountability Office.^[4] Most legislation is considered by standing committees which have jurisdiction over a particular subject such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. Standing committees meet at least once each month.^[4] Almost all standing committee meetings for transacting business must be open to the public unless the committee votes, publicly, to close the meeting.^[4] A committee might call for public hearings on important bills.^[4] Each committee is led by a chair who belongs to the majority party and a ranking member of the minority party. Witnesses and experts can present their case for or against a bill.^[120] Then, a bill may go to what is called a mark-up session, where committee members debate the bill’s merits and may offer amendments or revisions.^[120] Committees may also amend the bill, but the full house holds the power to accept or reject committee amendments. After debate, the committee votes whether it wishes to report the measure to the full house. If a bill is tabled then it is rejected. If amendments are extensive, sometimes a new bill with amendments built in will be submitted as a so-called clean bill with a new number.^[120] Both houses have procedures under which committees can be bypassed or overruled but they are rarely used. Generally, members who have been in Congress longer have greater seniority and therefore greater power.^[133]

A bill which reaches the floor of the full house can be simple or complex^[120] and begins with an enacting formula such as «Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled …» Consideration of a bill requires, itself, a rule which is a simple resolution specifying the particulars of debate – time limits, possibility of further amendments, and such.^[120] Each side has equal time and members can yield to other members who wish to speak.^[120] Sometimes opponents seek to recommit a bill which means to change part of it.^[120] Generally, discussion requires a quorum, usually half of the total number of representatives, before discussion can begin, although there are exceptions.^[134] The house may debate and amend the bill; the precise procedures used by the House and Senate differ. A final vote on the bill follows.

Once a bill is approved by one house, it is sent to the other which may pass, reject, or amend it. For the bill to become law, both houses must agree to identical versions of the bill.^[120] 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 senators and representatives^[120] sometimes by using a reconciliation process to limit budget bills.^[4] Both houses use a budget enforcement mechanism informally known as pay-as-you-go or paygo which discourages members from considering acts that increase budget deficits.^[4] If both houses agree to the version reported by the conference committee, the bill passes, otherwise it fails.

The Constitution specifies that a majority of members (a quorum) be present before doing business in each house. The rules of each house assume that a quorum is present unless a quorum call demonstrates the contrary and debate often continues despite the lack of a majority.

Voting within Congress can take many forms, including systems using lights and bells and electronic voting.^[4] Both houses use voice voting to decide most matters in which members shout «aye» or «no» and the presiding officer announces the result. The Constitution requires a recorded vote if demanded by one-fifth of the members present or when voting to override a presidential veto. If the voice vote is unclear or if the matter is controversial, a recorded vote usually happens. The Senate uses roll-call voting, in which a clerk calls out the names of all the senators, each senator stating «aye» or «no» when their name is announced. In the Senate, the Vice President may cast the tie-breaking vote if present when the senators are equally divided.

The House reserves roll-call votes for the most formal matters, as a roll call of all 435 representatives takes quite some time; normally, members vote by using an electronic device. In the case of a tie, the motion in question fails. Most votes in the House are done electronically, allowing members to vote yea or nay or present or open.^[4] Members insert a voting ID card and can change their votes during the last five minutes if they choose; in addition, paper ballots are used occasionally (yea indicated by green and nay by red).^[4] One member cannot cast a proxy vote for another.^[4] Congressional votes are recorded on an online database.^[135][136]

After passage by both houses, a bill is enrolled and sent to the president for approval.^[120] The president may sign it making it law or veto it, perhaps returning it to Congress with the president’s objections. A vetoed bill can still become law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the president may do nothing neither signing nor vetoing the bill and then the bill becomes law automatically after ten days (not counting Sundays) according to the Constitution. But if Congress is adjourned during this period, presidents 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.

Public interaction[edit]

Advantage of incumbency[edit]

Citizens and representatives[edit]

Senators face reelection every six years, and representatives every two. Reelections encourage candidates to focus their publicity efforts at their home states or districts.^[61] Running for reelection can be a grueling process of distant travel and fund-raising which distracts senators and representatives from paying attention to governing, according to some critics.^[137] Although others respond that the process is necessary to keep members of Congress in touch with voters.

Incumbent members of Congress running for reelection have strong advantages over challengers.^[49] They raise more money^[54] because donors fund incumbents over challengers, perceiving the former as more likely to win,^[52][138] and donations are vital for winning elections.^[139] One critic compared election to Congress to receiving life tenure at a university.^[138] Another advantage for representatives is the practice of gerrymandering.^[140][141] After each ten-year census, states are allocated representatives based on population, and officials in power can choose how to draw the congressional district boundaries to support candidates from their party. As a result, reelection rates of members of Congress hover around 90 percent,^[9] causing some critics to call them a privileged class.^[8] Academics such as Princeton’s Stephen Macedo have proposed solutions to fix gerrymandering in the U.S. Senators and representatives enjoy free mailing privileges, called franking privileges; while these are not intended for electioneering, this rule is often skirted by borderline election-related mailings during campaigns.

Expensive campaigns[edit]

In 1971, the cost of running for Congress in Utah was $70,000^[142] but costs have climbed.^[143] The biggest expense is television advertisements.^{[53][138][142][144][145]} Today’s races cost more than a million dollars for a House seat, and six million or more for a Senate seat.^{[8][53][144][146][147]} Since fundraising is vital, «members of Congress are forced to spend ever-increasing hours raising money for their re-election.»^{[attribution needed][148]}

The Supreme Court has treated campaign contributions as a free speech issue.^[143] Some see money as a good influence in politics since it «enables candidates to communicate with voters».^[143] Few members retire from Congress without complaining about how much it costs to campaign for reelection.^[8] Critics contend that members of Congress are more likely to attend to the needs of heavy campaign contributors than to ordinary citizens.^[8]

Elections are influenced by many variables. Some political scientists speculate there is a coattail effect (when a popular president or party position has the effect of reelecting incumbents who win by «riding on the president’s coattails»), although there is some evidence that the coattail effect is irregular and possibly declining since the 1950s.^[49] Some districts are so heavily Democratic or Republican that they are called a safe seat; any candidate winning the primary will almost always be elected, and these candidates do not need to spend money on advertising.^[149][150] But some races can be competitive when there is no incumbent. If a seat becomes vacant in an open district, then both parties may spend heavily on advertising in these races; in California in 1992, only four of twenty races for House seats were considered highly competitive.^[151]

Television and negative advertising[edit]

Since members of Congress must advertise heavily on television, this usually involves negative advertising, which smears an opponent’s character without focusing on the issues.^[152] Negative advertising is seen as effective because «the messages tend to stick.»^[153] These advertisements sour the public on the political process in general as most members of Congress seek to avoid blame.^[154] One wrong decision or one damaging television image can mean defeat at the next election, which leads to a culture of risk avoidance, a need to make policy decisions behind closed doors,^[154][155] and concentrating publicity efforts in the members’ home districts.^[61]

Perceptions[edit]

Prominent Founding Fathers writing in The Federalist Papers felt that elections were essential to liberty, that a bond between the people and the representatives was particularly essential,^[156] and that «frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectually secured.»^[156] In 2009, few Americans were familiar with leaders of Congress.^{[157][158][159]} The percentage of Americans eligible to vote who did, in fact, vote was 63% in 1960, but has been falling since, although there was a slight upward trend in the 2008 election.^[160] Public opinion polls asking people if they approve of the job Congress is doing have, in the last few decades, hovered around 25% with some variation.^{[8][161][162][163][164][165][166]} Scholar Julian Zeliger suggested that the «size, messiness, virtues, and vices that make Congress so interesting also create enormous barriers to our understanding the institution … Unlike the presidency, Congress is difficult to conceptualize.»^[167] Other scholars suggest that despite the criticism, «Congress is a remarkably resilient institution … its place in the political process is not threatened … it is rich in resources» and that most members behave ethically.^[6] They contend that «Congress is easy to dislike and often difficult to defend» and this perception is exacerbated because many challengers running for Congress run against Congress, which is an «old form of American politics» that further undermines Congress’s reputation with the public:^[8]

The rough-and-tumble world of legislating is not orderly and civil, human frailties too often taint its membership, and legislative outcomes are often frustrating and ineffective … Still, we are not exaggerating when we say that Congress is essential to American democracy. We would not have survived as a nation without a Congress that represented the diverse interests of our society, conducted a public debate on the major issues, found compromises to resolve conflicts peacefully, and limited the power of our executive, military, and judicial institutions … The popularity of Congress ebbs and flows with the public’s confidence in government generally … the legislative process is easy to dislike – it often generates political posturing and grandstanding, it necessarily involves compromise, and it often leaves broken promises in its trail. Also, members of Congress often appear self-serving as they pursue their political careers and represent interests and reflect values that are controversial. Scandals, even when they involve a single member, add to the public’s frustration with Congress and have contributed to the institution’s low ratings in opinion polls.

— Smith, Roberts & Wielen^[8]

An additional factor that confounds public perceptions of Congress is that congressional issues are becoming more technical and complex and require expertise in subjects such as science, engineering and economics.^[8] As a result, Congress often cedes authority to experts at the executive branch.^[8]

Since 2006, Congress has dropped ten points in the Gallup confidence poll with only nine percent having «a great deal» or «quite a lot» of confidence in their legislators.^[168] Since 2011, Gallup poll has reported Congress’s approval rating among Americans at 10% or below three times.^[67][68] Public opinion of Congress plummeted further to 5% in October 2013 after parts of the U.S. government deemed ‘nonessential government’ shut down.^[69]

Smaller states and bigger states[edit]

When the Constitution was ratified in 1787, the ratio of the populations of large states to small states was roughly twelve to one. The Connecticut Compromise gave every state, large and small, an equal vote in the Senate.^[169] Since each state has two senators, residents of smaller states have more clout in the Senate than residents of larger states. But since 1787, the population disparity between large and small states has grown; in 2006, for example, California had seventy times the population of Wyoming.^[170] Critics, such as constitutional scholar Sanford Levinson, have suggested that the population disparity works against residents of large states and causes a steady redistribution of resources from «large states to small states».^{[171][172][173]} Others argue that the Connecticut Compromise was deliberately intended by the Founding Fathers to construct the Senate so that each state had equal footing not based on population,^[169] and contend that the result works well on balance.

Members and constituents[edit]

A major role for members of Congress is providing services to constituents.^[174] Constituents request assistance with problems.^[175] Providing services helps members of Congress win votes and elections^{[140][176][177]} and can make a difference in close races.^[178] Congressional staff can help citizens navigate government bureaucracies.^[5] One academic described the complex intertwined relation between lawmakers and constituents as home style.^[179]: 8

Motivation[edit]

One way to categorize lawmakers, according to political scientist Richard Fenno, is by their general motivation:

1. Reelection: These are lawmakers who «never met a voter they didn’t like» and provide excellent constituent services.
2. Good public policy: Legislators who «burnish a reputation for policy expertise and leadership».
3. Power in the chamber: Lawmakers who spend serious time along the «rail of the House floor or in the Senate cloakroom ministering to the needs of their colleagues». Famous legislator Henry Clay in the mid-19th century was described as an «issue entrepreneur» who looked for issues to serve his ambitions.^[179]: 34

Privileges[edit]

Protection[edit]

Members of Congress enjoy parliamentary privilege, including freedom from arrest in all cases except for treason, felony, and breach of the peace, and freedom of speech in debate. This constitutionally derived immunity applies to members during sessions and when traveling to and from sessions.^[180] 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 strictly guard this privilege; a member may not waive the privilege on their own but must seek the permission of the whole house to do so. Senate rules are less strict and permit individual senators to waive the privilege as they choose.^[181]

The Constitution guarantees absolute freedom of debate in both houses, providing in the Speech or Debate Clause of the Constitution that «for any Speech or Debate in either House, they shall not be questioned in any other Place.» Accordingly, a member of Congress may not be sued in court for slander because of remarks made in either house, although each house has its own rules restricting offensive speeches, and may punish members who transgress.^[182]

Obstructing the work of Congress is a crime under federal law and is known as contempt of Congress. Each member has the power to cite people for contempt but can only issue a contempt citation – the judicial system pursues the matter like a normal criminal case. If convicted in court of contempt of Congress, a person may be imprisoned for up to one year.^[183]

Postage[edit]

The franking privilege allows members of Congress to send official mail to constituents at government expense. Though they are not permitted to send election materials, borderline material is often sent, especially in the run-up to an election by those in close races.^[184][185] Some academics consider free mailings as giving incumbents a big advantage over challengers.^{[9][failed verification][186]}

Pay[edit]

From 1789 to 1815, members of Congress received only a daily payment of $6 while in session. Members received an annual salary of $1,500 per year from 1815 to 1817, then a per diem salary of $8 from 1818 to 1855; since then they have received an annual salary, first pegged in 1855 at $3,000.^[187][188] In 1907, salaries were raised to $7,500 per year, the equivalent of $173,000 in 2010.^[188] In 2006, members of Congress received a yearly salary of $165,200.^[188] Congressional leaders were paid $183,500 per year. The Speaker of the House of Representatives earns $212,100 annually. The salary of the President pro tempore for 2006 was $183,500, equal to that of the majority and minority leaders of the House and Senate.^[189] Privileges include an office and paid staff.^[133] In 2008, non-officer members of Congress earned $169,300 annually.^[161]

Some critics complain congressional pay is high compared with a median American income of $45,113 for men and $35,102 for women.^[190] Others have countered that congressional pay is consistent with other branches of government.^[161] Another criticism is that members of Congress have access to free or low-cost medical care in the Washington, D.C., area. The petition to «remove health-care subsidies for Members of Congress and their families» garnered over 1,077,000 signatures on the website Change.org.^[191] In January 2014, it was reported that for the first time over half of the members of Congress were millionaires.^[192] Congress has been criticized for trying to conceal pay raises by slipping them into a large bill at the last minute.^[193] Others have criticized the wealth of members of Congress.^[142][145] Representative Jim Cooper of Tennessee told Harvard professor Lawrence Lessig that a chief problem with Congress was that members focused on lucrative careers as lobbyists after serving – that Congress was a «Farm League for K Street» – instead of on public service.^[194][195]

Members elected since 1984 are covered by the Federal Employees Retirement System (FERS). Like other federal employees, congressional retirement is funded through taxes and participants’ contributions. Members of Congress under FERS contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. And like federal employees, members contribute one-third of the cost of health insurance with the government covering the other two-thirds.^[196]

The size of a congressional pension depends on the years of service and the average of the highest three years of their salary. By law, the starting amount of a member’s retirement annuity may not exceed 80% of their final salary. In 2018, the average annual pension for retired senators and representatives under the Civil Service Retirement System (CSRS) was $75,528, while those who retired under FERS, or in combination with CSRS, was $41,208.^[197]

Members of Congress make fact-finding missions to learn about other countries and stay informed, but these outings can cause controversy if the trip is deemed excessive or unconnected with the task of governing. For example, The Wall Street Journal reported in 2009 that lawmaker trips abroad at taxpayer expense had included spas, $300-per-night extra unused rooms, and shopping excursions.^[198] Lawmakers respond that «traveling with spouses compensates for being away from them a lot in Washington» and justify the trips as a way to meet officials in other nations.^[198]

By the Twenty-seventh Amendment, changes to congressional pay may not take effect before the next election to the House of the Representatives. In Boehner v. Anderson, the United States Court of Appeals for the District of Columbia Circuit ruled that the amendment does not affect cost-of-living adjustments.^[199] The Supreme Court of the United States has not ruled on this yet.

See also[edit]

• Caucuses of the United States Congress
• Congressional Archives
• Current members of the United States House of Representatives
• Current members of the United States Senate
• Elections in the United States § Congressional elections
• List of United States Congresses
• Oath of office § United States
• Radio and Television Correspondents’ Association
• United States Congress Joint Select Committee on Deficit Reduction
• United States Congressional Baseball Game
• United States congressional hearing
• United States presidents and control of Congress

Notes[edit]

Citations[edit]

References[edit]

Further reading[edit]

External links[edit]

• Official website
• U.S. House of Representatives
• U.S. Senate

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The United States Congress is the bicameral legislature of the federal government of the United States, consisting of two chambers, the Senate and the House of Representatives. Both senators and representatives are chosen through direct election.

Each of the 435 members of the House of Representatives represents a district and serves a two-year term. «House» seats are apportioned among the states by population. The 100 Senators serve staggered six-year terms. Each state has two senators, regardless of population. Every two years, approximately one-third of the Senate is elected.

The United States Constitution vests all legislative power in the Congress. The House and Senate are equal partners in the legislative process (legislation cannot be enacted without the consent of both chambers); however, the Constitution grants each chamber some unique powers. The Senate is empowered to approve treaties and Presidential appointments. Revenue-raising bills must originate in the House of Representatives, which also has the sole power of impeachment, while the Senate has the sole power to try impeachment cases.

The Congress meets in the U.S. Capitol in Washington, D.C.

The term Congress actually refers to a particular meeting of the national legislature, reckoned according to the terms of representatives. Therefore, a «Congress» covers two years.

History

The Congress of the United States has its roots in 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.»

Under the Articles of Confederation, which came into effect in 1781, the Congress of the Confederation was a unicameral body with equal representation among the states in which each state had a veto over most decisions. With no executive or judicial branch, and minimal authority given to the Congress, this government was weak compared to the states. That Congress had authority over foreign affairs and military matters, but not to collect taxes, regulate interstate commerce, or enforce laws.^[2] States remained sovereign and were thus free to ignore any legislation passed by Congress.^[3] This system of government led to 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.

Franklin Delano Roosevelt’s election as President in 1932 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 administration, Congress began to reassert its power to oversee the executive branch and develop legislation.^[6]

During the administration of President Franklin D. Roosevelt (1933–1945), 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 during the Reagan administration (1981–1987). 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. Both parties continue to gain and lose control of the two houses.

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 be 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. Known as congressional oversight, this power is usually delegated to United States congressional committees—standing 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 borrow money on the credit of the United States;

• To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;

• To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;

• To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;

• To provide for the punishment of counterfeiting the securities and current coin of the United States;

• To establish post offices and post roads;

• 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 constitute tribunals inferior to the Supreme Court;

• To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;

• To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;

• 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.

Checks and balances

The Constitution provides checks and balances among the three branches of the federal government. Having broken away from the English monarchy, the authors of the Constitution expected the greater power to lie with Congress–one reason they are described in Article One.^[9]

The influence of Congress on the presidency has varied from one period to another; the degree of power depending largely on the leadership of the Congress, political influence by the president, or other members of congress and the boldness of the president’s initiatives. Under the first half-dozen presidents, power seems to have been evenly divided between the president and Congress, in part because early presidents largely restricted their vetoes to bills that were unconstitutional.

The impeachment of Andrew Johnson made 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 400 bills during his first term. The twentieth and twenty-first centuries have seen the rise of the power of the Presidency from Theodore Roosevelt to George W. Bush).^[10] Congress has again 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.^[10]

The Constitution concentrates removal powers in the Congress by empowering and obligating 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 and obligated 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.

Impeachment proceedings may not inflict more than this; 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. In 1974, Richard Nixon resigned from office after impeachment proceedings in the House Judiciary Committee indicated he would eventually be removed from office.

The Constitution entrusts certain powers to the Senate alone. The President may only nominate for appointment Cabinet officials, judges, and other high officers «by and with the advice and consent» of the Senate. The Senate confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than filling vacancies in the office of Vice President.

In 1803, the Supreme Court established judicial review of federal legislation in Marbury v. Madison, holding, however, that Congress could not grant unconstitutional power to the Court itself. The Constitution does not explicitly state that the courts may exercise judicial review; however, the notion that courts could declare laws unconstitutional was envisioned by the founding fathers. Alexander Hamilton, for example, mentioned and expounded upon the doctrine in Federalist No. 78. Originalists on the Supreme Court have argued that if the Constitution does not say something explicitly it is unconstitutional to infer what it should, might, or could have said.^[11]

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 (the House and Senate intelligence committees are the exception); important hearings are widely reported in the mass media.

Legislative procedure

Term

The House of Representatives 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,» one for each year; Congress has occasionally also been called into an extra, (or special) session. (The Constitution requires Congress to meet at least once each year.) A new session commences on January 3 (or another date, if Congress so chooses) each year. Before the Twentieth Amendment, Congress met from the first Monday in December to April or May in the first session of their term (the «long session»); and from December to March 4 in the second «short session» (The new Congress would then meet for some days, for the inauguration, swearing in new members, and organization).

The Constitution forbids either house from meeting 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.

Joint sessions

Joint Sessions of the United States Congress occur on special occasions that require a concurrent resolution from both House and Senate. These sessions include the counting of electoral votes following a Presidential election and the President’s State of the Union address. Other meetings of both House and Senate are called Joint Meetings of Congress, held after unanimous consent agreements to recess and meet. Meetings of Congress for Presidential Inaugurations may also be Joint Sessions, if both House and Senate are in session at the time, otherwise they are formal joint gatherings.

At some time during the first two months of each session (usually late January), the President customarily delivers the State of the Union Address, a speech in which he assesses the situation of the country and outlines his 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–though it is not necessarily required to be delivered each year or in the customary manner. 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.

Joint Sessions and Joint Meetings are traditionally presided over by the Speaker of the House except for the joint session to count electoral votes for President, when the Constitution requires the President of the Senate (the Vice President of the United States) to preside.

Bills and resolutions

A proposal may be introduced in Congress as a bill, a joint resolution, a concurrent resolution, or a simple resolution. Most legislative proposals are 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. Joint resolutions are the normal method used to propose a constitutional amendment or to declare war. 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 profession or a labor union). In many cases, lobbyists draft legislation and submit it to a member for possible 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. Some of the most prominent lobbyists are ex-members of Congress, others are family members of sitting members. As an example, former Senate Majority Leader Harry Reid, former Speaker Dennis Hastert, former Representative Tom DeLay, and Senator Roy Blunt all have immediate family members who are (or were) lobbyists.

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. Nevertheless, while the Senate cannot originate revenue and appropriation bills, it does retain 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; the Senate has 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 chair (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 and testimony when considering bills. They may also amend the bill, but the full chamber 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 chamber 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.

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.»^[12] 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 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.

Every Act of Congress or joint resolution begins with an enacting formula or resolving formula stipulated by law. These are:

• Act of Congress: «Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.»
• Joint resolution: «Resolved by the Senate and House of Representatives of the United States of America in Congress assembled.»

Quorum and vote

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. In the Senate, the Vice President may (if present) cast the tiebreaking vote.

Committees

It is neither expected nor possible that a member of Congress be an expert on all matters and subject areas that come before Congress.^[13] Congressional committees provide invaluable informational services to Congress by investigating and reporting back in regard to specialized subject matter.

While this investigatory function is indispensable to Congress, procedures such as the House discharge petition process (the process of bringing a bill onto the floor without a committee report or mandatory consent from its leadership) are so difficult to implement that committee jurisdiction over particular subject matter of bills has expanded into semi-autonomous power. Of the 73 discharge petitions submitted to the full House from 1995 through 2007, only one was successful in securing a definitive yea-or-nay vote for a bill on the floor of the House of Representatives.^[14] Not without reason have congressional committees been called independent fiefdoms.

In 1931 a reform movement did temporarily reduce the number of signatures required on discharge petitions in the U.S. House of Representatives from a constitutional majority of 218 down to 145, i.e., from one-half to one-third of the House membership. This reform was abolished in a 1935 counterattack led by the intra-House oligarchy.^[15] Thus the era of the Great Depression marks the last across-the-board change, albeit a short-lived one, in the autonomy of House standing committees.^[16]

In the course of committee work, members will often develop personal expertise on the matters under the jurisdiction of their respective committee(s). Such expertise, or claims thereof, are invariably cited during disputes over whether the parent body should bow to obdurate committee negatives.

Congress divides its legislative, oversight, and internal administrative tasks among approximately 200 committees and subcommittees. Within assigned areas, these functional sub-units gather information, compare and evaluate legislative alternatives, identify policy problems and propose solutions, select, determine, and report measures for full chamber consideration, monitor executive branch performance (oversight), and investigate allegations of wrongdoing.

Decision on which areas individual members choose to specialize may be influenced by their constituency and regional issues of importance to them, as well as prior background and experience of the member.^[17] Senators will also try to differentiate themselves from the other senator from the same state, so that areas of specialization do not overlap.^[18]

Constituent services

A major aspect of the job for a Senator and a Congressman consists of services to his or her constituency. Members receive thousands of letters, phone calls, and e-mails, with some expressing opinion on an issue, or displeasure with a member’s position or vote. Other constituents request help with problems, or ask questions. Members of Congress want to leave a positive impression on the constituent, rather than leave them disgruntled. Thus, their offices will be responsive, and go out of their way to help steer the citizen through the intricacies of the bureaucracy. Here the Congressman and his staffers perform the function of an Ombudsman, at the Federal level. This unofficial job has become increasingly time consuming, and has significantly reduced the time that Congressmen have for the preparation or inspection of bills.^[19]

It is noteworthy that an incumbent member of Congress has considerably more clout than most official ombudsmen at the state level, and in other countries, given the appointive and relatively diminutive character of such offices. As Morris Fiorina notes, the involvement of the legislative branch in the ombudsman process carries one major advantage: members of Congress exercise «control over what bureaucrats value most–higher budgets and new program authorizations.»^[20] This kind of leverage over the bureaucracy is a potent tool that appointed ombudsmen lack.

Accordingly, to improve on today’s 435 de facto ombudsmen—constituent services by overworked Congressmen—congressional reforms have been proposed that would approximate the legislative leverage now exercised by Congressmen, but in an office where the intra-bureaucratic troubleshooting duties are full time. Along these lines, some Congressmen themselves have suggested that each congressional district should elect a second U.S. Representative to handle constituent services.^[21]

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 sessions and when traveling to and from sessions.^[22] 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 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 absolute 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.

From 1789 to 1815, members of Congress received only a per diem (daily payment) of $6 while in session. Members began receiving an annual salary in 1815, when they were paid $1,500 per year. Since 2009, rank and file Members of Congress received a yearly salary of $174,000.^[23]

Members elected since 1984 are covered by the Federal Employees’ Retirement System (FERS). Those elected prior to 1984 were covered by the Civil Service Retirement System (CSRS). In 1984 all members were given the option of remaining with CSRS or switching to FERS. Like other federal employees, congressional retirement is funded through taxes and participants’ contributions. Members of Congress under FERS contribute 1.3 percent of their salary into the FERS retirement plan and pay 6.2 percent of their salary in Social Security taxes. And like Federal employees, members contribute one-third of the cost of health insurance with the government covering the other two-thirds.^[24]

Another privilege is the use of the Library of Congress. One of the Library’s missions is to serve the Congress and its staff. To do this, the Congressional Research Service provides detailed, up-to-date and non-partisan research for senators, representatives, and their staffs to help them carry out their official duties. The franking privilege allows members of Congress to send official mail to constituents at government expense. Though they are not permitted to send election materials, borderline material is often sent, especially in the run-up to an election by those in close races.^[25][26]

A legislator in either house is a «member of Congress,» though usually only a representative, and is called a congressman, congresswoman, or congressperson.

Comparison with parliamentary systems

Many of the world’s democracies and republics operate not within a congressional model of government, but rather a parliamentary system. The most significant difference between a parliamentary government and the U.S. Congress is that a parliament typically encompasses the entire governmental regime, containing legislative, executive, and judicial branches within its structure (the executive organs are often referred to as «The Government»), as well as the monarch, if one exists. The U.S. Congress exercises only legislative powers, and is but one of three co-equal and independent branches of the larger federal government.

In a parliament, the executive branch of the government is chosen from or by the representative branch. This generally comprises the prime minister and the governing cabinet. Congressional leaders merely administrate the daily business of Congress itself, while it is in session, and not the functioning of the national government as a whole. So, while in structure the Speaker of the House of Representatives may resemble a prime minister, in substance and practice he or she only moderates the functioning of one chamber of the U.S. Congress, while the wholly separate executive branch of government administrates the daily functioning of the federal government. In the U.S. Congress, legislation originates within the legislative branch, whereas in a parliamentary system, legislation is drafted by the government in power and then sent to parliament for debate and ratification.^[27]

Members of the U.S. Congress are generally elected from one of two parties, but its members are free to vote their own conscience or that of their constituents. Many members can and do cross party lines frequently. In a parliamentary system, members may be compelled to vote with their party’s bloc, and those who vote against are often cast out of their respective parliamentary parties and become less influential independents. Theoretically, the lack of superpowerful political parties allows U.S. members to more faithfully represent their constituents than members of parliament can—a member is ultimately responsible to their constituents alone, not to their party.^[28] Conversely, this system also allows for greater influence from lobbyists, as the parties do not have strong whips as in parliaments.

Notes

References

ISBN links support NWE through referral fees

• Bacon, Donald C.; Roger H. Davidson, Morton Keller, eds. Encyclopedia of the United States Congress. 4 vols. Simon & Schuster, 1995 ISBN 978-0133066630
• Baker, Ross K. House and Senate. New York: W. W. Norton, 2000. ISBN 9780393027068
• Barone, Michael and Richard E. Cohen. The Almanac of American Politics, 2006. 2005. ISSN 0362-076X
• Berman, Daniel M. In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company, 1964. OCLC 186299309
• Bianco, William T. Congress on Display, Congress at Work. University of Michigan Press, 2000. ISBN 978-0472087112
• Collier, Christopher and James Lincoln Collier. Decision in Philadelphia: The Constitutional Convention of 1787. Ballantine Books, 1986. ISBN 978-0394523460
• Davidson, Roger H., and Walter J. Oleszek. Congress and Its Members, 10th ed. 2006. Congressional Quarterly (CQ) Press. (Legislative procedure, informal practices, and other information) ISSN 0095-6007
• English, Ross M. The United States Congress. Manchester University Press, 2003. ISBN 978-1417578047
• Fiorina, Morris P. «The Case of the Vanishing Marginals: The Bureaucracy Did It,» American Political Science Review 71 (March 1977)
• For Know-It-Alls. The United States Congress for Know-It-Alls. Filiquarian Publishing, LLC., 2008. ISBN 978-1599862286
• Graubard, Stephen. The Presidents: The Transformation of the American Presidency from Theodore Roosevelt to George W Bush. UK: Allen Lane, 2006.
• Graubard, Stephen. Command of Office: How War, Secrecy, And Deception Transformed the Presidency, from Theodore Roosevelt to George W. Bush. New York: Basic Books, 2006. ISBN 046502758X
• Hamilton, Lee H. How Congress Works and Why You Should Care. Indiana University Press, 2004. ISBN 978-0253216953
• Herrick, Rebekah. «Gender effects on job satisfaction in the House of Representatives.» Women and Politics 23 (4)(2001): 85–98.
• Herrnson, Paul S. Congressional Elections: Campaigning at Home and in Washington. CQ Press, 2004. ISBN 978-0871879738
• Hunt, Richard. «Using the Records of Congress in the Classroom,» OAH Magazine of History 12 (Summer 1998): 34–37.
• Imbornoni, Ann-Marie, David Johnson, and Elissa Haney. «Famous Firsts by American Women.» Infoplease. Retrieved November 15, 2019.
• Kramnick, Isaac, (ed.). Thomas Paine. Common Sense. Penguin Classics, 1982.
• Lee, Frances and Bruce Oppenheimer. Sizing Up the Senate: The Unequal Consequences of Equal Representation. Chicago: University of Chicago Press, 1999. ISBN 978-0226470061
• Oleszek, Walter J. Congressional Procedures and the Policy Process. CQ Press, 2004. ISBN 978-1568028194
• Polsby, Nelson W. How Congress Evolves: Social Bases of Institutional Change. Oxford University Press, 2004. ISBN 978-0195161953
• Price, David E. The Congressional Experience. Boulder, CO: Westview Press, 2000. ISBN 978-0813311562
• Rimmerman, Craig A. «Teaching Legislative Politics and Policy Making.» Political Science Teacher 3 (Winter 1990): 16–18. ISSN 0896-0828
• Ritchie, Donald A. «What Makes a Successful Congressional Investigation.» OAH Magazine of History 11 (Spring 1997): 6–8. ISSN 0882-228X
• Story, Joseph. Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little, 1891. ISBN 978-0890893166
• Robinson, James A. The House Rules Committee. New York: Bobbs-Merrill Co., 1963.
• Schiller, Wendy J. Partners and Rivals: Representation in U.S. Senate Delegations. Princeton University Press, 2000. ISBN 0691048878
• Simpson, G. R., «Surprise! Top Frankers Also Have the Stiffest Challenges.» Roll Call, October 22, 1992.
• Tarr, David R. and Ann O’Connor. «Congress A to Z.» CQ Congressional Quarterly (4th 2003).
• Wilson, Woodrow. Congressional Government. New York: Houghton Mifflin, 1885. ISBN 978-1568023885
• Zelizer, Julian E. The American Congress: The Building of Democracy. Houghton Mifflin, 2004. ISBN 978-0618179060

• Some information in this article has been provided by the Senate Historical Office.

External links

All links retrieved April 8, 2020.

• U.S. House of Representatives
• U.S. Senate
• Current Legislative Activities
• Explanation of the types of Sessions of Congress

Location of the capital of the United States
1774 First Continental Congress	Philadelphia
1775 – 1781 Second Continental Congress	Philadelphia → Baltimore → Lancaster → York
1781 – 1789 Congress of the Confederation	Philadelphia → Princeton → Annapolis → Trenton → New York
1789 to date United States Congress	New York → Philadelphia → Washington

Конгресс США United States Congress
Парламентская система	Двухпалатная
Палаты
Палата представителей США
Спикер	Джон Бейнер
— из партии	Республиканская партия (США)
— избран	январь 2011 года
Сенат США
Вице-президент США	Джозеф Байден
— из партии	Демократическая партия
— избран	20 января 2009 года
Депутатов	435+100
Политические группы (фракции)	Демократическая партия, Республиканская партия
Год основания	1789
Последние выборы	2 ноября 2010 года
Веб-сайт	Палата представителей Сенат

Конгресс США (англ. United States Congress) — законодательный орган, один из трёх высших федеральных органов государственной власти США. Полномочия определены Конституцией США. Конгресс является двухпалатным, состоящим из Сената и Палаты представителей. Заседает в Капитолии Вашингтона.

Структура

• Палата представителей насчитывает 435 участвующих в голосовании членов, каждый из которых представляет свой избирательный округ и переизбирается раз в два года. Места в палате представителей распределяются среди штатов на основе численности населения.
• Сенат состоит из 100 членов, работающих шестилетний срок. Каждый штат имеет двух сенаторов, независимо от населения. Раз в два года примерно одна треть Сената переизбирается.

Состав

По состоянию на начало 2009 года, состав конгресса был следующим:^[1]

1. По возрасту: средний возраст членов конгресса — 57,2 года, членов Сената — 63,1. Самому старшему было 92 года (сенатор Роберт Бёрд, демократ из Западной Виргинии), самому молодому — 28 лет (член Палаты представителей, республиканец Аарон Шок из штата Иллинойс).

2. По месту рождения: Лишь 14 членов Палаты представителей и один сенатор (Майкл Беннет, демократ из Колорадо) родились вне США. Все остальные родились в США.

3. По полу: В Палате представителей — 76 женщин (среди них 59 членов демократической партии и 17 членов республиканской партии), в Сенате — 17 женщин (среди них 13 членов демократической партии и 4 члена республиканской партии).

4. По расово-этническому происхождению: Среди членов конгресса 12 — азиатского происхождения, 42 — афроамериканцы (в том числе 41 член Палаты представителей и один сенатор — Роланд Буррис, демократ из Иллинойса), 29 — латиноамериканского происхождения (в том числе 28 членов Палаты представителей и один сенатор — Роберт Менендес из Нью-Джерси). Все остальные — представители белой расы не латиноамериканского происхождения (латиноамериканцы могут принадлежать к любой расе).

5. По религиозным верованиям:^[2] Большинство членов конгресса — протестанты, хотя самую крупную деноминацию внутри конгресса составляют католики. В конгрессе 111-го созыва 54,7 процента составляют протестанты, 30,1 — католики, 8,4 — иудейского вероисповедания, 2,6 — Мормоны. Среди членов конгресса США — два мусульманина и два буддиста.

6. По образовательному уровню: Лишь 27 членов Палаты представителей и один сенатор (Марк Бегич из Аляски) имеют образование, не выходящее за рамки средней школы. У 24 членов Палаты представителей — докторская степень, у 168 членов Палаты представителей и 57 сенаторов — юридическое образование.

Комплектование

Обе палаты избираются путём прямых выборов.

C 3 января 2011 года вступил в полномочия 112-й созыв конгресса.

Полномочия

Согласно Конституции США, Конгресс имеет следующие полномочия:

• устанавливать и взимать налоги, сборы, пошлины и акцизы, для того чтобы выплачивать долги, обеспечивать совместную оборону и всеобщее благоденствие Соединённых Штатов; причём все сборы, пошлины и акцизы должны быть единообразны повсеместно в Соединённых Штатах;
• занимать деньги в кредит Соединённых Штатов;
• регулировать торговлю с иностранными государствами, между отдельными штатами и с индейскими племенами;
• устанавливать повсеместно в Соединённых Штатах единообразные правила натурализации и принимать единообразные законы по вопросу о банкротствах;
• чеканить монету, регулировать ценность оной и ценность иностранной монеты, устанавливать единицы весов и мер;
• предусматривать меры наказания за подделку ценных бумаг и находящейся в обращении монеты Соединённых Штатов;
• создавать почтовые службы и почтовые пути;
• содействовать развитию науки и полезных ремёсел, закрепляя на определённый срок за авторами и изобретателями исключительные права на их сочинения и открытия;
• учреждать суды, нижестоящие по отношению к Верховному суду;
• определять и карать акты пиратства, тяжкие преступления, совершаемые в открытом море, и преступления против права наций;
• объявлять войну, выдавать свидетельства на каперство и репрессалии и устанавливать правила относительно захватов трофеев на суше и на воде;
• формировать и обеспечивать армии, но ассигнования на эти цели не должны выделяться более чем на двухлетний срок;
• создавать и содержать военно-морской флот;
• издавать правила по организации сухопутных и морских сил и управлению ими;
• предусматривать меры по призыву полиции для обеспечения исполнения законов Союза, подавления мятежей и отражения вторжений;
• предусматривать меры по организации, вооружению и обучению полиции и руководству той её частью, которая может быть использована на службе Соединённых Штатов, сохраняя за штатами право назначения должностных лиц и организации подготовки полиции в соответствии с требованиями, предписанными Конгрессом;
• осуществлять во всех случаях исключительные законодательные полномочия в отношении округа (не больше квадрата со стороной десять миль), каковой, будучи уступлен отдельными штатами и принят Конгрессом, станет местом пребывания правительства Соединённых Штатов; осуществлять подобную власть в отношении всех земель, приобретённых с согласия законодательного собрания штата, в котором эти земли находятся, для возведения фортов, постройки складов, арсеналов, верфей и других потребных сооружений;
• издавать все законы, каковые будут необходимы и уместны для приведения в действие вышеперечисленных полномочий и всех других полномочий, предоставленных настоящей Конституцией правительству Соединённых Штатов или какому-либо департаменту или должностному лицу оного.

История

История Конгресса США начинается с Континентального конгресса, собравшегося в 1774 в Филадельфии. Первый двухпалатный конгресс современного типа был собран в 1789. В 1800 он переехал в здание Капитолия в Вашингтоне.

Комитеты и комиссии Конгресса

Существуют комитеты и комиссии каждой из палат Конгресса.

Одновременно действует четыре постоянных совместных комитета:

• Объединённый издательский комитет (U.S. Congress Joint Committee on Printing);
• Объединённый комитет по Библиотеке Конгресса (U.S. Congress Joint Committee on the Library);
• Объединённый комитет по налогообложению (U.S. Congress Joint Committee on Taxation);
• Объединённый экономический комитет (U.S. Congress Joint Economic Committee).

Также каждые четыре года для проведения инаугурации Президента США создаётся Объединённый комитет Конгресса США по церемонии инаугурации (U.S. Congress Joint Committee on Inaugural Ceremonies).

Службы Конгресса

• Бюджетная служба Конгресса (Congressional Budget Office, CBO)
• Библиотека Конгресса (Library of Congress, LOC)
  • Управление по защите интеллектуальных прав собственности в США (U.S. Copyright Office)
• Управление общего учёта (Government Accountability Office, GAO; бывшее the General Accounting Office)
  • Главный ревизор США (Comptroller General of the United States)
• Типография Правительства США (U.S. Government Printing Office, GPO)
• Архитектор Капитолия (Architect of the Capitol)
  • Ботанический сад США (U.S. Botanic Garden)
• U.S. Congress Office of Compliance

Текущие события

На выборах в Конгресс США 112-го созыва, которые состоялись 2 ноября 2010 года, в палате представителей США победу одержала Республиканская партия США. В сенате США большинство осталось за Демократической партией США, которая заняла 51 место из 100.

3 января 2011 года Конгресс США 112-го созыва вступил в свои полномочия.

Интересные факты

С 1904 года и до середины 1950-х годов каждому новому члену Конгресса вручалась Библия Джефферсона. Эта традиция была возобновлена в 1997 году частной организацией Libertarian Press^[3][4].

См. также

• Список сенаторов США
• Список сенаторов США в 2004—2006 годах

Ссылки

• Томас. Официальная база данных американского законодательства (англ.)
• Официальный сайт Сената США (англ.)
• Официальный сайт Палаты представителей США (англ.)
• Конгресс (1933-69) и (с 1969) на Политическом атласе
• Коррупционные скандалы в Конгрессе США

Примечания

Список делегатов Конгресса США
Штаты	Айдахо (П С) · Айова (П С) · Алабама (П С) · Аляска (П С) · Аризона (П С) · Вайоминг (П С) · Вашингтон (П С) · Вермонт (П С) · Виргиния (П С) · Висконсин (П С) · Гавайи (П С) · Делавэр (П С) · Джорджия (П С) · Западная Виргиния (П С) · Иллинойс (П С) · Калифорния (П С) · Канзас (П С) · Кентукки (П С) · Колорадо (П С) · Коннектикут (П С) · Луизиана (П С) · Массачусетс (П С) · Миннесота (П С) · Миссисипи (П С) · Миссури (П С) · Мичиган (П С) · Монтана (П С) · Мэн (П С) · Мэриленд (П С) · Небраска (П С) · Невада (П С) · Нью-Гэмпшир (П С) · Нью-Джерси (П С) · Нью-Йорк (П С) · Нью-Мексико (П С) · Огайо (П С) · Оклахома (П С) · Орегон (П С) · Пенсильвания (П С) · Род-Айленд (П С) · Северная Дакота (П С) · Северная Каролина (П С) · Теннесси (П С) · Техас (П С) · Флорида (П С) · Южная Дакота (П С) · Южная Каролина (П С) · Юта (П С)
Другие	Американские Виргинские острова · Американское Самоа · Гуам · Окргуг Колумбия · Пуэрто-Рико · Северные Марианские острова
Бывшие	Территория Дакота · Территория Нортвест · Территория Орлеан · Территория Саутвест · Филиппины
Список сенаторов США · Список членов Палаты представителей США

Законодательные собрания штатов США
Конгресс США	Палата представителей • Сенат
Штаты	Айдахо • Айова • Алабама • Аляска • Аризона • Арканзас • Вайоминг • Вашингтон • Вермонт • Виргиния • Висконсин • Гавайи • Делавэр • Джорджия • Западная Виргиния • Иллинойс • Индиана • Калифорния • Канзас • Кентукки • Колорадо • Коннектикут • Луизиана • Массачусетс • Миннесота • Миссисипи • Миссури • Мичиган • Монтана • Мэн • Мэриленд • Небраска • Невада • Нью-Гэмпшир • Нью-Джерси • Нью-Йорк • Нью-Мексико • Огайо • Оклахома • Орегон • Пенсильвания • Род-Айленд • Северная Дакота • Северная Каролина • Теннесси • Техас • Флорида • Южная Дакота • Южная Каролина • Юта
Территории	Американское Самоа • Гуам • Северные Марианские острова • Пуэрто-Рико • Американские Виргинские острова

США в темах
Герб • Флаг • Гимн • Государственный строй • Конституция • Парламент • Административное деление • География • Города • Столица • Население • Языки • История • Экономика • Валюта • Культура • Религия • Литература • Музыка • Праздники • Спорт • Образование • Телевидение •Наука • Здравоохранение • Транспорт • Туризм • Почта (история и марки) • Радио • Интернет (.us) • Вооружённые силы • Внешняя политика
Портал «США»  •  Проект «США»

Страны Северной Америки: Парламенты
Антигуа и Барбуда • Багамы • Барбадос • Белиз • Гаити • Гватемала • Гондурас • Гренада • Доминика • Доминиканская Республика • Канада • Коста-Рика • Куба • Мексика • Никарагуа • Панама • Сальвадор • Сент-Люсия • Сент-Винсент и Гренадины • Сент-Китс и Невис • США • Тринидад и Тобаго • Ямайка
Зависимые территории
Американские Виргинские острова • Ангилья • Аруба • Бермуды • Бонайре, Синт-Эстатиус и Саба (Карибские Нидерланды) • Британские Виргинские острова • Гваделупа • Гренландия • Каймановы острова • Клиппертон • Кюрасао • Мартиника • Монтсеррат • Навасса • Пуэрто-Рико • Сен-Бартельми • Сен-Мартен • Сен-Пьер и Микелон • Синт-Мартен • Тёркс и Кайкос

United States Congress
112th United States Congress
Type
Type	Bicameral
Houses	Senate House of Representatives
Leadership
President of the Senate	Joe Biden, (D) since January 20, 2009
President pro tempore of the Senate	Daniel Inouye, (D) since June 28, 2010
Speaker of the House	John Boehner, (R) since January 5, 2011
Structure
Members	535 100 Senators 435 Representatives 5 Delegates 1 Resident Commissioner
House of Representatives Political groups	Democratic Party      Republican Party
Senate Political groups	Democratic Party      Independent (caucused with Democrats)      Republican Party
Elections
House of Representatives Last election	November 2, 2010
Senate Last election	November 2, 2010
Meeting place
United States Capitol
Website
House of Representatives Website Senate Website

The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C.

Both senators and representatives are chosen through direct election. Each of the 435 members of the House of Representatives represents a district and serves a two-year term. House seats are apportioned among the states by population. Each state, regardless of population, has two senators; since there are fifty states, there are one hundred senators who serve six-year terms. The terms are staggered, so every two years, approximately one-third of the Senate is up for election. Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90%.^[1]

Overview

Article I of the Constitution states «all legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.» The House and Senate are equal partners in the legislative process—legislation cannot be enacted without the consent of both chambers. However, the Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves top presidential appointments while the House initiates revenue-raising bills. The House initiates impeachment cases, while the Senate decides impeachment cases.^[2] A two-thirds vote of the Senate is required before an impeached person can be forcibly removed from office.^[2]

The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 112th Congress, began on on January 3, 2011.^[3] A legislator in either house is a «member of Congress», though usually only representatives are referred to in speech as a congressman, congresswoman, or congressperson, because members of the Senate are almost universally referred to as senator. To avoid confusion, «member of Congress» is used to refer to members of both houses, and «representative» and «senator» to refer to members of the respective houses.

Scholar and representative Lee H. Hamilton asserted that the «historic mission of Congress has been to maintain freedom» and insisted it was a «driving force in American government»^[4] and a «remarkably resilient institution.»^[5] Congress is the «heart and soul of our democracy», according to this view,^[6] even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices; one wrote that «legislators remain ghosts in America’s historical imagination».^[6] One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and is extraordinarily sensitive to public pressure.^[6] Several academics described Congress:

Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government’s most representative body … Congress is essentially charged with reconciling our many points of view on the great public policy issues of the day. — Smith, Roberts, and Wielen^[4]

Congress is constantly changing, constantly in flux.^[7] In recent times, the American south and west have gained House seats according to demographic changes recorded by the census and includes more minorities and women although both groups are still underrepresented, according to one view.^[7] While power balances among the different parts of government continue to change, the internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties, civic associations, interest groups, and the mass media.^[6]

Think of Congress as an automobile. While drivers of various skills can take the automobile in different directions on various types of roads, the internal machinery of the vehicle plays a crucial role in determining how smooth the drive will be, as well as how far and fast the driver can go.—Julian E. Zelizer^[6]

All members of Congress serve two distinct purposes that sometimes overlap: representation of local interests and lawmaking for the national interest.^[8] There has been debate throughout American history about how to straddle these dual obligations of representing the wishes of citizens and those of the nation.^[6] Compromise is often required.^[8]

History

The First Continental Congress was a gathering of representatives from twelve of the thirteen British Colonies in North America.^[9] 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 in 1781 created a unicameral body with equal representation among the states in which each state had a veto over most decisions. With no executive or judicial branch, and minimal authority, this government was weak^[10] and lacked authority to collect taxes, regulate commerce, or enforce laws.^[11][12]

Government powerlessness led to the Convention of 1787 which proposed a revised constitution with a two–chamber or bicameral congress.^[13] Smaller states argued for equal representation for each state.^[14] The two-chamber structure had functioned well in state governments.^[7] A compromise plan was adopted with representatives chosen by population (benefitting larger states) and exactly two senators chosen by state governments (benefitting smaller states).^[7][15] The ratified constitution created a federal structure with two overlapping power centers so that each citizen as an individual was subjected to both the power of state government and the national government.^[16][17][18] To protect against abuse of power, each branch of government—executive, legislative, and judicial—had a separate sphere of authority and could check other branches according to the principle of the separation of powers.^[19] Furthermore, there were checks and balances within the legislature since there were two separate chambers.^[20] The new government became active in 1789.^[21][22]

Political scientist Julian E. Zelizer suggested there were four main congressional eras, with considerable overlap, and included the formative era (1780s–1820s), the partisan era (1830s–1900s), the committee era (1910s–1960s), and the contemporary era (1970s–today).^[23]

The formative era (1780s–1820s)

Federalists and anti-federalists jostled for power in the early years as political parties became pronounced, surprising the Constitution’s Framers. Thomas Jefferson’s election to the presidency marked a peaceful transition of power between the parties in 1800. Supreme Court justice John Marshall empowered the courts by establishing the principle of judicial review in law in the landmark case Marbury v. Madison in 1803, effectively giving the Supreme Court a power to nullify congressional legislation. Henry Clay became a powerful force in Congress during the 1810s as House Speaker. Congress reflected tension between pro-slavery and anti-slavery forces. General Andrew Jackson became president and reflected an era of populism.

The partisan era (1830s–1900s)

These years were marked by growth in the power of political parties. The watershed event was the Civil War which resolved the slavery issue and unified the nation under federal authority, but weakened the power of states rights. A Gilded Age (1877–1901) was marked by Republican dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President Ulysses S. Grant in which influential lobbies advocated for railroad subsidies and tariffs on wool.^[24] Immigration and high birth rates swelled the ranks of citizens and the nation grew at a rapid pace. The Progressive Era was characterized by strong party leadership in both houses of Congress as well as calls for reform; sometimes reformers would attack lobbyists as corrupting politics.^[25] The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon. The Senate was effectively controlled by a half dozen men.

The committee era (1910s–1960s)

A system of seniority—in which long-time members of Congress gained more and more power—encouraged politicians of both parties to serve for long terms. Committee chairmen remained influential in both houses until the reforms of the 1970s. Important structural changes included the direct election of senators by popular election according to the Seventeenth Amendment^[15] with positive effects (senators more sensitive to public opinion) and negative effects (undermining the authority of state governments).^[15] Supreme Court decisions based on the Constitution’s commerce clause expanded congressional power to regulate the economy.^[26] One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to the electorate.^[27] Lame duck reforms according to the Twentieth Amendment ended the power of defeated and retiring members of Congress to wield influence despite their lack of accountability.^[28]

The Great Depression ushered in President Franklin Roosevelt and strong control by Democrats^[29] and historic New Deal policies. Roosevelt’s election in 1932 marked a shift in government power towards the executive branch. Numerous New Deal initiatives came from the White House rather than being initiated by Congress.^[30] The Democratic Party controlled both houses of Congress for many years.^[31][32][33] During this time, Republicans and conservative southern Democrats^[34] formed the Conservative Coalition.^[33][35] Democrats maintained control of Congress during World War II.^[36][37] Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees.^[38] Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy.^[38] Senator Joseph McCarthy exploited the fear of communism and conducted televised hearings.^[39][40] In 1960, Democratic candidate John F. Kennedy narrowly won the presidency and power shifted again to the Democrats who dominated both houses of Congress until 1994.

The contemporary era (1970s–today)

Congress enacted Johnson’s Great Society program to fight poverty and hunger. The Watergate Scandal had a powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal «substantially reshaped» relations between the branches of government, suggested political scientist Bruce J. Schulman.^[41] Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as the Board of Education.^[6] Congress began reasserting its authority.^[30][42] Lobbying became a big factor despite the 1971 Federal Election Campaign Act. Political action committees or PACs could make substantive donations to congressional candidates via such means as soft money contributions.^[43] While soft money funds were not given to specific campaigns for candidates, the monies often benefited candidates substantially in an indirect way and helped reelect candidates.^[43] Reforms such as the 2002 McCain-Feingold act limited campaign donations but did not limit soft money contributions.^[44] One source suggests post-Watergate laws amended in 1974 meant to reduce the «influence of wealthy contributors and end payoffs» instead «legitimized PACs» since they «enabled individuals to band together in support of candidates.»^[45] From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $12.5 million to $120 million^[45][46][47] along with concern over PAC influence in Congress.^[48][49] In 2009, there were 4,600 business, labor and special-interest PACs^[50] including ones for lawyers, electricians, and real estate brokers.^[51] From 2007 to 2008, 175 members of Congress received «half or more of their campaign cash» from PACs.^[50][52][53]

In the late 20th century, the media became more important in Congress’s work.»^[54] Analyst Michael Schudson suggested that greater publicity undermined the power of political parties and caused «more roads to open up in Congress for individual representatives to influence decisions.»^[54] Norman Ornstein suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as the tabloidization of media coverage.^[7] Others saw pressure to squeeze a political position into a thirty-second soundbite.^[55]

Congress in the United States government

Powers of Congress

Main article: Powers of the United States Congress

Overview of congressional power

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 Constitution’s Necessary and Proper Clause.

Congress has authority over financial and budgetary policy 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. There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress’s power to manage the budget has been lost when the welfare state expanded since «entitlements were institutionally detached from Congress’s ordinary legislative routine and rhythm.»^[23] Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary.^[23]

The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes.^[56] The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congress’s primary checks on the executive branch.^[56] Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money.^[57] Generally, both the Senate and the House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills.^[58]

Congress has 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.^[59] Some critics charge that the executive branch has usurped Congress’s constitutionally defined task of declaring war.^[60] While historically presidents initiated the process for going to war, they asked for and received formal war declarations from Congress for the War of 1812, the Mexican–American War, the Spanish–American War, World War I, and World War II,^[61] although President Theodore Roosevelt’s military move into Panama in 1903 did not get Congressional assent.^[61] In the early days after the North Korean invasion of 1950, President Truman described the American response as a «police action».^[62] According to Time magazine in 1970, «U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times.»^[61] In 1993, Michael Kinsley wrote that «Congress’s war power has become the most flagrantly disregarded provision in the Constitution,» and that the «real erosion [of Congress’s war power] began after World War II.»^[63][64][65] Disagreement about the extent of congressional versus presidential power regarding war has been present periodically throughout the nation’s history.»^[66]

Congress can establish post offices and post roads, issue patents and copyrights, fix standards of weights and measures, establish courts inferior to the Supreme Court, and «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.» Article Four gives Congress the power to admit new states into the Union.

One of Congress’s foremost non-legislative functions is the power to investigate and oversee the executive branch.^[67] Congressional oversight is usually delegated to committees and is facilitated by Congress’s subpoena power.^[68] Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing the other branches of government. In the Plame affair, critics including Representative Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case.^[69] There have been concerns about congressional oversight of executive actions such as warrantless wiretapping, although others respond that Congress did investigate the legality of presidential decisions.^[70] Political scientists Ornstein and Mann suggested that oversight functions do not help a members of Congress win reelection. Congress also has the exclusive power of removal, allowing impeachment and removal of the president, federal judges and other federal officers.^[71] There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress.^[72] So-called signing statements are one way in which a president can «tip the balance of power between Congress and the White House a little more in favor of the executive branch,» according to one account.^[73] Past presidents, including Ronald Reagan, George H. W. Bush, Bill Clinton, and George W. Bush^[74] have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators including the American Bar Association have described this practice as against the spirit of the Constitution.^[75][76] There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress.^[77] In 2008, George F. Will called the Capitol building a «tomb for the antiquated idea that the legislative branch matters.»^[78]

Enumerated powers

Main article: Powers of the United States Congress#Enumerated powers

The Constitution details the powers of Congress in detail. In addition, 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 to enforce rights of African Americans, including voting rights, due process, and equal protection under the law.^[79] Generally militia forces are controlled by state governments, not Congress.^[80]

Implied powers and the commerce clause

Congress also has implied powers deriving from the Constitution’s Necessary and Proper Clause which permit 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.»^[81] Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland, have effectively widened the scope of Congress’s legislative authority far beyond that prescribed in Section 8.^[82][83]

Checks and balances

Main article: U.S. Congress in relation to the president and Supreme Court

Representative Lee H. Hamilton explained how Congress functions within the federal government:

To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each other—balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights … No one part of government dominates the other.^[4]

The Constitution provides checks and balances among the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.^[4][84]

The influence of Congress on the presidency has varied from period to period depending on factors such as congressional leadership, presidential political influence, historical circumstances such as war, and individual initiative by members of Congress. The impeachment of Andrew Johnson made the presidency less powerful than Congress for a considerable period afterwards.^[4] The 20th and 21st centuries have seen the rise of presidential power under politicians such as Theodore Roosevelt, Wilson, FDR, Nixon, Reagan, and George W. Bush.^[85] However, in recent years, Congress has restricted presidential power 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 today than during the 19th century.^[4][85] Executive branch officials are often loath to reveal sensitive information to members of Congress because of concern that information could not be kept secret; in return, knowing they may be in the dark about executive branch activity, congressional officials are more likely to distrust their counterparts in executive agencies.^[86] Many government actions require fast coordinated effort by many agencies, and this is a task that Congress is ill-suited for. Congress is slow, open, divided, and not well matched to handle more rapid executive action or do a good job of overseeing such activity, according to one analysis.^[87]

The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to impeach both executive and judicial officials for «Treason, Bribery, or other high Crimes and Misdemeanors.» Impeachment is a formal accusation of unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated 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. Impeachment proceedings may not inflict more than this; however, a convicted 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 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. In 1974, Richard Nixon resigned from office after impeachment proceedings in the House Judiciary Committee indicated he would eventually be removed from office.

The Senate has an important check on the executive power by confirming Cabinet officials, judges, and other high officers «by and with the advice and consent» of the Senate. It confirms most presidential nominees but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. As a result, presidential arm-twisting of senators can happen before a key vote; for example, President Obama’s secretary of state, Hillary Rodham Clinton, urged her former senate colleagues to approve a nuclear arms treaty with Russia in 2010.^[88] The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than filling vacancies in the office of Vice-President; a vote in each House is required to confirm a president’s nomination for vice-president if a vacancy happens.^[89]

In 1803, the Supreme Court established judicial review of federal legislation in Marbury v. Madison, holding, however, that Congress could not grant unconstitutional power to the Court itself. The Constitution does not explicitly state that the courts may exercise judicial review; however, the notion that courts could declare laws unconstitutional was envisioned by the founding fathers. Alexander Hamilton, for example, mentioned and expounded upon the doctrine in Federalist No. 78. Originalists on the Supreme Court have argued that if the constitution does not say something explicitly it is unconstitutional to infer what it should, might or could have said.^[90] Judicial review means that the Supreme Court can nullify a congressional law. It is a huge check by the courts on the legislative authority and limits congressional power substantially. In 1857, for example, the Supreme Court struck down provisions of a congressional act of 1820 in its Dred Scott decision.^[91] At the same time, the Supreme Court can extend congressional power through its constitutional interpretations.

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 when investigating issues over which it has the power to legislate by issuing subpoenas.^[92][93] 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 (the House and Senate intelligence committees are the exception); important hearings are widely reported in the mass media and transcripts published a few months afterwards.^[93] Congress, in the course of studying possible laws and investigating matters, generates an incredible amount of information in various forms, and can be described as a publisher.^[94] Indeed, it publishes House and Senate reports^[94] and maintains databases which are updated irregularly with publications in a variety of electronic formats.^[94]

Congress also plays a role in presidential elections. Both Houses meet in joint session on the sixth day of January following a presidential election to count the electoral votes, and there are procedures to follow if no candidate wins a majority.^[95]

The main result of congressional activity is the creation of laws.^[96] It is a huge body of rulings contained in the United States Code arranged by subject matter alphabetically under fifty title headings to present the laws «in a concise and usable form».^[97]

Structure

Main article: Structure of the U.S. Congress

Congress is split into two branches—House and Senate—and manages the huge task of writing national legislation by dividing work into separate committees which specialize in different areas. Some members of Congress are elected by their peers to be officers of these committees. Further, Congress has ancillary organizations such as the Government Accountability Office and the Library of Congress to help provide it with information, and members of Congress have staff and offices to assist them as well. In addition, a vast industry of lobbyists helps members write legislation on behalf of diverse corporate and labor interests.

Committees

Specialization

The committee structure permits members of Congress to study a particular subject intensely. It is neither expected nor possible that a member be an expert on all subject areas before Congress.^[98] As time goes by, members develop expertise in particular subjects and their legal aspects. Committees investigate specialized subjects and advise the entire Congress about choices and trade-offs. The choice of specialty may be influenced by the member’s constituency, important regional issues, prior background and experience.^[99] Senators often choose a different specialty from that of the other senator from their state to prevent overlap.^[100] Some committees specialize in running the business of other committees and exert a powerful influence over all legislation; for example, the House Ways and Means Committee has considerable influence over House affairs.^[101]

Power

Committees write legislation. While procedures such as the House discharge petition process can introduce bills to the House floor and effectively bypass committee input, they are exceedingly difficult to implement without committee action. Committees have power and have been called independent fiefdoms. Legislative, oversight, and internal administrative tasks are divided among about two hundred committees and subcommittees which gather information, evaluate alternatives, and identify problems.^[102] They propose solutions for consideration by the full chamber.^[102] In addition, they perform the function of oversight by monitoring the executive branch and investigating wrongdoing.^[102]

Officers

At the start of each two-year session the House elects a speaker who does not normally preside over debates but serves as its majority leader. In the Senate, the Vice President is the ex officio president of the Senate. In addition, the Senate elects an officer called the President pro tempore. Pro tempore means for the time being and this office is usually held by the most senior member of the Senate’s majority party and customarily keeps this position until there’s a change in party control. Accordingly, the Senate does not necessarily elect a new president pro tempore at the beginning of a new Congress.

Support services

Library of Congress

The Library of Congress was established by an act of Congress in 1800. It is primarily housed in three buildings on Capitol Hill, but also includes several other sites: the National Library Service for the Blind and Physically Handicapped in Washington, D.C.; the National Audio-Visual Conservation Center in Culpeper, Virginia; a large book storage facility located at Ft. Meade, Maryland; and multiple overseas offices. The Library had mostly law books when it was burned by a British raiding party during the War of 1812, but the library’s collections were restored and expanded when Congress authorized the purchase of Thomas Jefferson’s private library. One of the Library’s missions is to serve the Congress and its staff as well as the American public. It is the largest library in the world with nearly 150 million items including books, films, maps, photographs, music, manuscripts, graphics, and materials in 470 languages.^[103]

Congressional Research Service

The Congressional Research Service provides detailed, up-to-date and non-partisan research for senators, representatives, and their staff to help them carry out their official duties. It provides ideas for legislation, helps members analyze a bill, facilitates public hearings, makes reports, consults on matters such as parliamentary procedure, and helps the two chambers resolve disagreements. It has been called the «House’s think tank» and has a staff of about 900 employees.^[104]

Congressional Budget Office

The Congressional Budget Office or CBO is a federal agency which provides economic data to Congress.^[105] It was created as an independent nonpartisan agency by the Congressional Budget and Impoundment Control Act of 1974. It helps Congress estimate revenue inflows from taxes and helps the budgeting process. It makes projections about such matters as the national debt^[106] as well as likely costs of legislation. It prepares an annual Economic and Budget Outlook with a mid-year update and writes An Analysis of the President’s Budgetary Proposals for the Senate’s Appropriations Committee. The Speaker of the House and the Senate’s President pro tempore jointly appoint the CBO Director for a four year term.

Lobbyists

Lobbyists represent diverse interests and often seek to influence congressional decisions to reflect their clients’ needs. Lobby groups and their members sometimes write legislation and whip bills. In 2007 there were approximately 17,000 federal lobbyists in Washington.^[107] They explain to legislators the goals of their organizations. Some lobbyists represent non-profit organizations and work pro-bono for issues in which they are personally interested. The term lobby is from Britain based on approaches by interest groups directed at Members of Parliament who would meet in the lobbies of the House of Commons.

Partisanship versus bipartisanship

Congress has alternated between periods of constructive cooperation and compromise between parties known as bipartisanship and periods of fierce political infighting known as partisanship. The period after the Civil War was marked by partisanship as is the case today. It is generally easier for committees to reach accord on issues when compromise is possible. Some political scientists speculate that a prolonged period marked by narrow majorities in both chambers of Congress has intensified partisanship in the last few decades^[108] but that an alternation of control of Congress between Democrats and Republicans may lead to greater flexibility in policies as well as pragmatism and civility within the institution.^[109][110]

Procedures of Congress

Main article: Procedures of the U.S. Congress

Sessions

A term of Congress is divided into two «sessions», one for each year; Congress has occasionally been called into an extra or special session. A new session commences on January 3 each year unless Congress decides differently. The Constitution requires Congress meet at least once each year and forbids either house from meeting outside the Capitol.

Joint sessions

Joint Sessions of the United States Congress occur on special occasions that require a concurrent resolution from both House and Senate. These sessions include counting electoral votes after a presidential election and the president’s State of the Union address. The constitutionally-mandated annual «speech», modeled on Britain’s Speech from the Throne, was written by most presidents after Jefferson but personally delivered as a spoken oration beginning with Wilson in 1913. Joint Sessions and Joint Meetings are traditionally presided over by the Speaker of the House except when counting presidential electoral votes when the vice president presides.

Bills and resolutions

Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. The usual next step is for the proposal to be passed to a committee for review.^[111] A proposal is usually in one of these forms:

• Bills are laws in the making. A House-originated bill begins with the letters «H.R.» for «House of Representatives», followed by a number kept as it progresses.^[96]

• Joint resolutions. There is little difference between a bill and a joint resolution since both are treated similarly; a joint resolution originating from the House, for example, begins «H.J.Res.» followed by its number.^[96]

• Concurrent Resolutions affect only both House and Senate and accordingly are not presented to the president for approval later. In the House, it begins with «H.Con.Res.»^[96]

• Simple resolutions concern only the House or only the Senate and begin with «H.Res.»^[96]

Representatives introduce a bill while the House is in session by placing it in the hopper on the Clerk’s desk.^[96] It’s assigned a number and referred to a committee which studies each bill intensely at this stage.^[96] Drafting statutes requires «great skill, knowledge, and experience» and sometimes take a year or more.^[111] Sometimes lobbyists write legislation and submit it to a member for introduction. Joint resolutions are the normal way to propose a constitutional amendment or declare war. 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 but express the opinion of Congress or regulate procedure. Bills 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.» While the Senate cannot originate revenue and appropriation bills, it has power to amend or reject them. Congress has sought ways to establish appropriate spending levels.^[112]

Each chamber determines its own internal rules of operation unless specified in the Constitution or prescribed by law. In the House, a Rules Committee guides legislation; in the Senate, a Standing Rules committee is in charge. Each branch has its own traditions; for example, the Senate relies heavily on the practice of getting «unanimous consent» for noncontroversial matters.^[113] House and Senate rules can be complex, sometimes requiring a hundred specific steps before becoming a law.^[4] Members sometimes use experts such as Walter Oleszek to learn about proper procedures.^[114]

Each bill goes through several stages in each house including consideration by a committee and advice from the Government Accountability Office.^[115] Most legislation is considered by standing committees which have jurisdiction over a particular subject such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. Standing committees meet at least once each month.^[116] Almost all standing committee meetings for transacting business must be open to the public unless the committee votes, publicly, to close the meeting.^[116] A committee might call for public hearings on important bills.^[117] Each committee is led by a chair who belongs to the majority party and a ranking member of the minority party. Witnesses and experts can present their case for or against a bill.^[96] Then, a bill may go to what’s called a mark-up session where committee members debate the bill’s merits and may offer amendments or revisions.^[96] Committees may also amend the bill, but the full house holds the power to accept or reject committee amendments. After debate, the committee votes whether it wishes to report the measure to the full house. If a bill is tabled then it is rejected. If amendments are extensive, sometimes a new bill with amendments built in will be submitted as a so-called clean bill with a new number.^[96] Both houses have procedures under which committees can be bypassed or overruled but they are rarely used. Generally, members who have been in Congress longer have greater seniority and therefore greater power.^[118]

A bill which reaches the floor of the full house can be simple or complex^[96] and begins with an enacting formula such as «Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.» Consideration of a bill requires, itself, a rule which is a simple resolution specifying the particulars of debate—time limits, possibility of further amendments, and such.^[96] Each side has equal time and members can yield to other members who wish to speak.^[96] Sometimes opponents seek to recommit a bill which means to change part of it.^[96] Generally, discussion requires a quorum, usually half of the total number of representatives, before discussion can begin, although there are exceptions.^[119] The house may debate and amend the bill; the precise procedures used by the House and Senate differ. A final vote on the bill follows.

Once a bill is approved by one house, it is sent to the other which may pass, reject, or amend it. For the bill to become law, both houses must agree to identical versions of the bill.^[96] 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^[96] sometimes by using a reconciliation process to limit budget bills.^[112] Both Houses use a budget enforcement mechanism informally known as pay-as-you-go or paygo which discourages members from considering acts which increase budget deficits.^[112] If both houses agree to the version reported by the conference committee, the bill passes, otherwise it fails.

The Constitution specifies that a majority of members known as a quorum be present before doing business in each house. However, the rules of each house assume that a quorum is present unless a quorum call demonstrates the contrary. Since representatives and senators who are present rarely demand quorum calls, debate often continues despite the lack of a majority.

Voting within Congress can take many forms, including systems using lights and bells and electronic voting.^[120] Both houses use voice voting to decide most matters in which members shout «aye» or «no» and the presiding officer announces the result. The Constitution, however, requires a recorded vote if demanded by one-fifth of the members present. If the voice vote is unclear or if the matter is controversial, a recorded vote usually happens. The Senate uses roll call voting in which 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, as a roll-call of all 435 representatives takes quite some time; normally, members vote by using an electronic device. In the case of a tie, the motion in question fails. In the Senate, the vice president may cast the tiebreaking vote if he or she is present.

Most votes, including quorum votes, are done electronically, and allow members to vote yea or nay or present or open.^[120] Members insert a voting ID card and can change their votes during the last five minutes if they choose; in addition, paper ballots are used on some occasions—yea indicated by green and nay by red.^[120] One member can not cast a vote for another.^[120] Congressional votes are recorded on an online database.^[121][122]

After passage by both houses, a bill is considered to be enrolled and is sent to the president for approval.^[96] The president may sign it making it law or veto it, perhaps returning it to Congress with his objections. A vetoed bill can still become law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the president may do nothing—neither signing nor vetoing the bill—and then the bill becomes law automatically after ten days (not counting Sundays) according to the Constitution. But if Congress is adjourned during this period, presidents 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.

Congress and the public

Main article: U.S. Congress and citizens

Challenges of reelection

Citizens and representatives

Senators face reelection every six years, and representatives every two. Reelections encourage candidates to focus their publicity efforts at their home states or districts.^[54] Running for reelection can be a grueling process of distant travel and fund-raising which distracts senators and representatives from paying attention to governing, according to some critics.^[123][123] although others respond that the process is necessary to keep members of Congress in touch with voters.

Nevertheless, incumbent members of Congress running for reelection have strong advantages over challengers.^[43] They raise more money^[48] because donors expect incumbents to win, they give their funds to them rather than challengers.^[46][124] And donations are vital for winning elections.^[125] One critic compared being elected to Congress to receiving life tenure at a university.^[124] Another advantage for representatives is the practice of gerrymandering.^[126][127] After each ten year census, states are allocated representatives based on population, and officials in power can choose how to draw the congressional district boundaries to support candidates from their party. Both senators and representatives enjoy free mailing privileges called franking privileges. As a result, reelection rates of members of Congress hovers around 90 percent,^[1] causing some critics to accuse them of being a privileged class.^[7] Academics such as Princeton’s Stephen Macedo have proposed solutions to fix gerrymandering.

Expensive campaigns

In 1971, the cost of running for congress in Utah was $70,000^[128] but costs have climbed.^[129] The biggest expense is television ads.^{[47][124][128][130][131]} Today’s races cost more than a million dollars for a House seat, and six million or more for a Senate seat.^{[7][47][130][132][133]} Since fundraising is vital, «members of Congress are forced to spend ever-increasing hours raising money for their re-election.»^[134]

Nevertheless, the Supreme Court has treated campaign contributions as a free speech issue.^[129] Some see money as a good influence in politics since it «enables candidates to communicate with voters.»^[129] Few members retire from Congress without complaining about how much it costs to campaign for reelection.^[7] Critics contend that members of Congress are more likely to attend to the needs of heavy campaign contributors than to ordinary citizens.^[7]

Elections are influenced by many variables. Some political scientists speculate there is a coattail effect (when a popular president or party position has the effect of reelecting incumbents who win by «riding on the president’s coattails»), although there is some evidence that the coattail effect is irregular and possibly declining since the 1950s.^[43] Some districts are so heavily Democratic or Republican that they are called a safe seat; any candidate winning the primary will almost always be elected, and these candidates do not need to spend money on advertising.^[135][136] But some races can be competitive when there is no incumbent. If a seat becomes vacant in an open district, then both parties may spend heavily on advertising in these races; in California in 1992, only four of twenty races for House seats were considered highly competitive.^[137]

Television as a factor

Since members of Congress must advertise heavily on television, this almost always requires so-called negative advertising which smears an opponent’s character without focus on issues, and these attack ads are considered by most political operatives as necessary. Negative advertising is seen as effective since «the messages tend to stick.»^[138] Attack ads are prevalent in most congressional races today.^[139] But this has the unintended consequence of souring the public on the political process in general. What’s come to describe most member of Congress today is a need to avoid blame.^[140] One wrong decision or one damaging television image can mean defeat at the next election which leads to a culture of risk avoidance as well as a need to make policy decisions behind closed-doors^[140] along with efforts to concentrate publicity efforts at their home districts.^[54]

Public perceptions of Congress

Prominent Founding Fathers writing in the Federalist Papers felt elections were essential to liberty and that a bond between the people and the representatives was particularly essential^[141] and that «frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectually secured.»^[141] In 2009, however, few Americans were familiar with leaders of Congress.^{[142][143][144]} The percentage of Americans eligible to vote who did, in fact, vote was 63% in 1960, but has been falling since, although there was a slight upward trend in the 2008 election.^[145] Public opinion polls asking people if they approve of the job Congress is doing have, in the last few decades, hovered around 25% in the last two decades with some variation.^{[7][146][147][148][149][150][151]} Scholar Julian Zeliger suggested that the «size, messiness, virtues, and vices that make Congress so interesting also create enormous barriers to our understanding the institution… Unlike the presidency, Congress is difficult to conceptualize.»^[152] Others scholars suggest that despite the criticism, «Congress is a remarkably resilient institution … its place in the political process is not threatened … it is rich in resources» and that most members behave ethically.^[5] They contend that «Congress is easy to dislike and often difficult to defend» and this perception is exacerbated because many challengers running for Congress run against Congress, which is an «old form of American politics» that further undermines Congress’s reputation with the public:^[7]

The rough-and-tumble world of legislating is not orderly and civil, human frailties too often taint its membership, and legislative outcomes are often frustrating and ineffective … Still, we are not exaggerating when we say that Congress is essential to American democracy. We would not have survived as a nation without a Congress that represented the diverse interests of our society, conducted a public debate on the major issues, found compromises to resolve conflicts peacefully, and limited the power of our executive, military, and judicial institutions … The popularity of Congress ebbs and flows with the public’s confidence in government generally … the legislative process is easy to dislike—it often generates political posturing and grandstanding, it necessarily involves compromise, and it often leaves broken promises in its trail. Also, members of Congress often appear self-serving as they pursue their political careers and represent interests and reflect values that are controversial. Scandals, even when they involve a single member, add to the public’s frustration with Congress and have contributed to the institution’s low ratings in opinion polls.—Smith, Roberts & Wielen^[7]

An additional factor that confounds public perceptions of Congress is that Congressional issues are becoming more technical and complex and require expertise in subjects such as science and engineering and economics.^[7] As a result, Congress often cedes authority to experts at the executive branch.^[7]

Smaller states and bigger states

When the Constitution was ratified in 1787, the ratio of the populations of large states to small states was roughly twelve to one. The Connecticut Compromise gave every state, large and small, an equal vote in the Senate.^[153] Since each state has two senators, residents of smaller states have more clout in the Senate than residents of larger states. But since 1787, the population disparity between large and small states has grown; in 2006, for example, California had seventy times the population of Wyoming.^[154] Critics such as constitutional scholar Sanford Levinson have suggested that the population disparity works against residents of large states and causes a steady redistribution of resources from «large states to small states.»^{[155][156][157]} However, others argue that the Connecticut compromise was deliberately intended by the Framers to construct the Senate so that each state had equal footing not based on population,^[153] and contend that the result works well on balance.

Members and constituents

A major role for members of Congress is providing services to constituents.^[158] Constituents request assistance with problems.^[159] Providing services helps members of Congress win votes and elections.^{[126][160][161]} and can make a difference in close races.^[162] Congressional staff can help citizens navigate government bureaucracies.^[4] One academic described the complex intertwined relation between lawmakers and constituents as home style.^[163]

Congressional style

One way to categorize lawmakers, according to political scientist Richard Fenno, is by their general motivation:

1. Reelection. These are lawmakers who «never met a voter they didn’t like» and provide excellent constituent services.
2. Good public policy. Legislators who «burnish a reputation for policy expertise and leadership.»
3. Power in the chamber. Lawmakers who spend serious time along the «rail of the House floor or in the Senate cloakroom ministering to the needs of their colleagues.»^[163] Famous legislator Henry Clay in the mid-19th century was described as an «issue entrepreneur» who looked for issues to serve his ambitions.^[163]

Privileges and pay

Privileges protecting members

Members of Congress enjoy parliamentary privilege, including freedom from arrest in all cases except for treason, felony, and breach of the peace and freedom of speech in debate. This constitutionally derived immunity applies to members during sessions and when traveling to and from sessions.^[164] 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 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 however are less strict and permit individual senators to waive the privilege as they choose.

The Constitution guarantees absolute freedom of debate in both houses, providing in the Speech or Debate Clause of the Constitution that «for any Speech or Debate in either House, they shall not be questioned in any other Place.» Accordingly, a member of Congress may not be sued in court for slander because of remarks made in either house, although 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 branch has the power to cite individuals for contempt but can only issue 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.

The franking privilege allows members of Congress to send official mail to constituents at government expense. Though they are not permitted to send election materials, borderline material is often sent, especially in the run-up to an election by those in close races.^[165][166] Indeed, some academics consider free mailings as giving incumbents a big advantage over challengers.^[1][167]

Pay and benefits

From 1789 to 1815, members of Congress received only a daily payment of $6 while in session. Members received an annual salary of $1,500 per year from 1815 to 1817, then a per diem salary of $8 from 1818 to 1855; since then they have received an annual salary, first pegged in 1855 at $3,000.^[168][169] In 1907, salaries were raised to $7,500 per year, the equivalent of $173,000 in 2010 dollars.^[169] In 2006, members of Congress received a yearly salary of $165,200.^[169] Congressional leaders were paid $183,500 per year. The Speaker of the House of Representatives earns $212,100 annually. The salary of the President pro tempore for 2006 was $183,500, equal to that of the majority and minority leaders of the House and Senate.^[170] Privileges include having an office and paid staff.^[118] In 2008, non-officer members of Congress earned $169,300 annually.^[146] Some critics complain congressional pay is high compared with a median American income of $45,113 for men and $35,102 for women.^[171] Others have countered that congressional pay is consistent with other branches of government.^[146] Congress has been criticized for trying to conceal pay raises by slipping them into a large bill at the last minute.^[172] Others have criticized the wealth of members of Congress.^[128][131]

Members elected since 1984 are covered by the Federal Employees Retirement System (FERS). Like other federal employees, congressional retirement is funded through taxes and participants’ contributions. Members of Congress under FERS contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. And like Federal employees, members contribute one-third of the cost of health insurance with the government covering the other two-thirds.^[173]

The size of a congressional pension depends on the years of service and the average of the highest three years of his or her salary. By law, the starting amount of a member’s retirement annuity may not exceed 80% of his or her final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $60,972, while those who retired under FERS, or in combination with CSRS, was $35,952.^[174]

Members of Congress make fact-finding missions to learn about other countries and stay informed, but these outings can cause controversy if the trip is deemed excessive or unconnected with the task of governing. For example, the Wall Street Journal reported lawmaker trips abroad at taxpayer expense, which included spas, $300-per-night extra unused rooms, and shopping excursions.^[175] Lawmakers respond that «traveling with spouses compensates for being away from them a lot in Washington» and justify the trips as a way to meet officials in other nations.^[175]

See also

• Caucuses of the United States Congress
• Elections in the United States (Congressional Elections)
• List of current members of the United States House of Representatives
• List of current United States Senators
• List of United States Congresses
• Members of the 112th United States Congress
• Oath of office (United States)
• Party divisions of United States Congresses
• Term limits in the United States
• United States Congressional Baseball Game
• United States congressional hearing
• United States presidents and control of congress
• Joint Select Committee on Deficit Reduction

Notes

References

Further reading

External links

Media related to United States Congress at Wikimedia Commons

Quotations related to United States Congress at Wikiquote

• U.S. House of Representatives
• U.S. Senate
• Women in Congress, Office of the Clerk, U.S. House of Representatives
• Black Americans in Congress, Office of the Clerk, U.S. House of Representatives
• Congress and Legislation from UCB Libraries GovPubs
• How Laws Are Made, via U.S. Government Printing Office
• Selected Congressional Research Service Reports on Congress and Its Procedures, via Law Librarians’ Society of Washington, D.C.
• Sessions of Congress with Corresponding Debate Record Volume Numbers, via Law Librarians’ Society of Washington, D.C.
• Thomas Legislative Information via Library of Congress
• Teaching about the U.S. Congress via U.S. Department of Education
• Open Congress—open-source database of congressional legislation, voting records, and news coverage.
• Bill Hammons’ American Politics Guide — Members of Congress by State, by Committee, and by House District with District Map and Partisan Voting Index