Congress of the United States

I

Introduction

Congress of the United States, legislative branch of the United States government. Congress is composed of two chambers with equal powers: the 100-member Senate and the 435-member House of Representatives. The primary duty of Congress is to write, debate, and pass bills (proposed laws), which are then passed on to the president for approval. Once the president approves the legislation, the executive branch enforces the new laws and the judicial branch interprets them. Other congressional duties include investigating pressing national issues, supervising the executive and judicial branches, and shaping U.S. foreign policy.

II

Powers of Congress

The Constitution of the United States grants Congress “all legislative powers” in the national government. Article I, Section 8, of the Constitution lists a wide range of congressional powers, including printing money, maintaining a military, declaring war, and regulating interstate and foreign commerce. Congress also controls federal taxing and spending policies—one of the most important sources of power in the government. The Constitution also gives Congress the authority to “make all laws which shall be necessary and proper,” an implied source of power sometimes called the Elastic Clause.

One of the most important implied powers is Congress’s authority to investigate and oversee the executive branch and its agencies, such as the Department of Defense and the Department of Justice. As part of this responsibility, which is known as oversight, Congress summons senior officials to answer questions from members, orders audits of agencies, and holds hearings to air grievances of citizens.

Congress also holds hearings on matters of general public concern. Sometimes members of Congress conduct these hearings to identify problems that create a need for new laws. In other cases Congress holds hearings to raise public awareness about an issue. Sometimes members of Congress conduct hearings in an effort to bolster their reputations and improve their election prospects.

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Congress reviews the professional conduct of its own members but usually punishes only the most egregious violations of House and Senate rules. Congress certifies the election results of its own members as submitted by state officials. Certification is usually routine.

Some congressional powers remain rarely used. Congress can impeach the president and other federal officials for treason, bribery, and other serious offenses, but it rarely does so. Although members of Congress discuss impeachment from time to time and have initiated proceedings in many cases, there have been only 14 formal impeachment trials. Of the 14 officials tried, only half were convicted and removed from office. The House of Representatives votes on whether to charge officials with impeachable offenses. If the House votes to impeach, then the Senate conducts the impeachment trial itself. The vice president of the United States presides over the Senate during impeachment proceedings, except when the president is impeached. In an impeachment of the president, the chief justice of the Supreme Court presides over the proceedings. A two-thirds majority vote of senators present at an impeachment trial is necessary to secure conviction.

In 1868 President Andrew Johnson was impeached on charges of defying the authority of Congress and of violating a federal law, the recently enacted Tenure of Office Act. Johnson was acquitted by a single vote, but his victory established the precedent that presidents should not face impeachment for purely political reasons. In 1974 the House Judiciary Committee approved three articles of impeachment (charges) against President Richard Nixon, who soon resigned rather than face further congressional action based on his involvement in the Watergate scandal. In 1998 the House passed two articles of impeachment, for lying under oath and obstruction of justice, against President Bill Clinton amid a scandal surrounding his affair with a young White House intern. Following a brief trial in early 1999, the Senate declined to convict him. See Impeachment: The Clinton Trial.

Congress also rarely uses its power to amend the Constitution. The Constitution permits Congress to propose new constitutional amendments through a two-thirds vote of both chambers, which then must be ratified by three-fourths of the states. The difficulty of amending the Constitution stops Congress from proposing new amendments very often.

Congress shares many powers with the president. Congress takes equal responsibility with the president in framing U.S. foreign policy. The president and his representatives negotiate treaties with other countries, but the treaties go into effect only when the Senate approves them. Similarly, the president appoints ambassadors, federal judges, and many other government officials, but they must be confirmed by the Senate.

Congress also shares control over the military with the president. Congress has the authority to declare war and provide funding for soldiers and weapons, but the president serves as the commander-in-chief of the armed forces. Congress has declared war on five occasions: the War of 1812 against Britain (1812-1815), the Mexican War (1846-1848), the Spanish-American War (1898), World War I (1914-1918; U.S. involvement 1917-1918), and World War II (1939-1945; U.S. involvement 1941-1945). In more than 200 other instances, however, presidents have sent armed forces into hostile situations in other countries to protect U.S. lives or property, without a declaration of war. Many of these were brief rescue or peacekeeping missions. Some, such as the Korean War (1950-1953) and the Vietnam War (1959-1975), were full-blown conflicts.

III

Limits on the Powers of Congress

The Constitution limits congressional power. The original articles of the Constitution and the Bill of Rights—the first ten amendments to the Constitution—bar Congress from passing some types of laws. The First Amendment, for example, prevents Congress from creating a national religion or interfering in lawful religious practices. It also declares that Congress cannot infringe on certain basic freedoms such as freedom of the press, speech, association, and petition. The Eighth Amendment specifies that Congress cannot impose “cruel and unusual” penalties on law-breakers. Other amendments create basic rights for people accused of crimes and limit the government’s power to take a citizen’s property.

The judicial branch—including federal district courts, appeals courts, and the Supreme Court of the United States—interprets laws, sometimes in ways not intended by Congress. The courts also shape laws by deciding whether they conform to the Constitution. This power, known as judicial review, is a powerful institutional check on Congress.

Perhaps the most substantial limit on Congress is the president’s power to veto legislation, which Congress can override only by a two-thirds vote of both chambers. The president also has informal power over Congress. The power and prestige of the White House gives the president an edge over Congress in attracting public attention, so the president can often press Congress to accept legislative proposals. The president has no constitutional authority to compel Congress to consider a specific legislative agenda, but members of the House and Senate often propose legislation on the president’s behalf.

IV

Membership

The House and the Senate have similar membership requirements. The Senate includes two senators from each of the 50 states, elected for six-year terms. To be a senator, a person must be at least 30 years old, a citizen for nine years, and a resident of the state from which he or she is elected. Most members of Congress have served in state legislatures, city councils, or other elected bodies. See United States Senate: Campaigning for the Senate; United States House of Representatives: Campaigning for the House.

The 435 House seats are divided among the states in proportion to each state’s population. Every state is guaranteed at least one seat. States entitled to more than a single seat must create districts of roughly equal population from which members are elected. The United States Bureau of the Census counts the population of the states every ten years to determine how many seats each state is entitled to. Representatives, elected for two-year terms, must be 25 years old, a citizen for at least seven years, and a resident of the state from which they are elected. Five additional members—from Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia—represent their constituencies in the House but do not vote in the chamber.

Most members of Congress work very hard. Daily tasks typically include: (1) meeting with constituents to discuss issues, (2) attending committee meetings, (3) meeting with government officials and lobbyists, (4) studying and discussing legislation, (5) working with informal groups of colleagues, (6) assisting constituents with problems, (7) managing the congressional office and staff, (8) raising money for the next campaign, (9) working with party leaders to build support for bills, (10) overseeing how agencies are carrying out laws, and (11) appearing publicly outside the state or district to address issues.

Members of Congress rely on staff aides to help them with their heavy workload. House members are allotted up to 18 staff members, who work in local district offices or on Capitol Hill—the location of House and Senate chambers and offices. Senators’ staffs vary according to their states’ populations. About a third of congressional aides work in state offices, and the rest on Capitol Hill.

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