Congress: The Legislative Branch

American Government Notes

Congress

The representative body that enacts the will of the people into law

119th Congress Session 1 (2025)

• Represents the people (constituents)

• Groups of people

• Balances the needs of their constituents with those of the nation as a whole

What groups do members of congress represent?

Us (Constituents)

House of Rep (Lower House)

• 435 voting members

• Reps from each state based on state’s population

• APPORIONMENT (assigning legislative seats based on population data)

• Term: 2 year

• Each term is 2 years, so 6 years equals 3 terms.

Senate (Upper house)

• 100 members

• Each state represented by 2 senators

• Term: 6 year

• Each term is 6 years, so 6 years equals 1 term.

Bicameral Legislature

Is a lawmaking body with two separate chambers or houses—typically an upper and a lower house.

Great Compromise

Was an agreement during the U.S. Constitutional Convention of 1787 that created a bicameral legislature to balance power between large and small states.

What are the key features and purpose of the bicameral structure?

Key features are two chambers, checks and balances between them, different methods of representations such as equal vs. population based. The purpose is to balance power, prevent tyranny, and ensure fair representation for both large and small states.

First Checks and Balance is:

Power of the purse

Second Checks and Balance is:

Power of advice and consent

• senate approve treaties negotiated by POTUS

• Reject presidential appointees

Third Checks and Balance is:

Impeachment

Fourth Checks and Balance is:

Override presidential veto of bill

Fifth Checks and Balance is:

Begin process of amending constitution

Sixth Checks and Balance is:

Congressional oversight: broad powers of executive review

What are some examples of checks and balances that congress has over the executive branch?

• Override vetoes with a two-thirds vote

• Approve treaties and presidential appointments

• Control funding for executive actions

Strict Constructionists

Only exercise powers explicitly granted in Constitution

Loose Constructionists

More freedom to interpret Constitution (Federalists)

Nonlegislative Powers

Amendments, Investigations, and subpoenas

Nonlegislative Powers of the house

12th Amendment- (Voting for POTUS)

Nonlegislative Powers of the senate

VPOTUS, advice and consent presidential appointments and approve treaties

Hapeas Corpus

Is a legal principle that protects against unlawful imprisonment.

Pass bill of attainder

Is a law that punishes a person or group without a trial. The U.S. Constitution prohibits Congress from passing such laws to protect individual rights.

Ex post facto laws

Are laws that make an action illegal after it was already done, even though it was legal at the time. The U.S. Constitution bans these laws to protect fairness and prevent retroactive punishment.

Article 1 Section 2 (Clauses 1-5)

• Direct popular vote

• 25 yrs of age

• Resident of state he/she represents

• U.S citizen at least 7 years

• Responsible for '“elections, return, and qualifications of its own members”

Changes in population

• Each state gets at least one representative

• Must be redistribute number of seats avaible to each state every 10 years

Reapportionment

Census Figures/Is the process of redistributing seats in the U.S. House of Representatives based on changes in population from the census, which occurs every 10 years.

Gerrymandering

Redrawing district boundaries for political gain

State govt creats what?

Voting districts

What are thes steps by which house seats are assigned to different states?

• Census: Every 10 years, the U.S. counts its population.

• Population totals: Each state's population is tallied.

• Apportionment formula: Seats are distributed using a mathematical formula to ensure fairness.

• Assignment: Each state gets at least one seat; the rest are divided based on population.

What does “power of the purse” mean?

It means Congress controls the money—like deciding what the government can spend it on.

What body makes laws that reflect the will of the people?

Congress

List the three main qualifications that a member of the House of Representatives must meet.

25 years old, a U.S. citizen for 7 years, and live in the state they represent.

How many members are there in the House of Representatives?

There are 435 voting members in the House of Representatives

How is the membership to the house of Representatives determined?

_________ in the House of Representatives is based on each state's population—more people means more representatives.

Explain what the writ of habeas corpus protects for YOU?

It protects your right not to be jailed without a good reason—forcing the government to explain why you're being held.

What is the title of the most influential member in the House of Representatives?

….is called the Speaker of the House.

Who is second in line to succeed the President if he/she is unable to carry out the duties of office?

The Speaker of the House is second in line to become President if the President can't serve.

• Speaker of the House

• Presiding officers of the House​

• Elected by peers​

• Member of majority party​

• Authority ​

• Debates​

• Rules on points of order​

• Assigns bills to committees​

• 2nd in line of succession to the presidency​

Dem./Rep. parties

Elect floor leader

Majority ldr.

Serves as assistant to Speaker of the House​

D/R elect whips

function is secure votes in line with party ldrsp.​

House Rules Committee very powerful​

Responsible for setting conditions under which bills are debated​

What role does the leadership play in running the House?

House leadership organizes debates, sets the agenda, and guides how laws are made and voted on.

Speaker of the House

Is the leader of the U.S. House of Representatives. They run House meetings, set the legislative agenda, and are second in line to the presidency.

Majority Leader

Is the head of the party with the most seats in a legislative chamber. They help plan the legislative agenda and guide bills through the process.

Majority Whip

Helps the majority party stay united by counting votes and persuading members to support party positions.

Minority Leader

Leads the party with fewer seats in a legislative chamber, organizing opposition strategy and representing their party’s views.

Minority Whip

Helps the minority party stay organized by tracking votes and encouraging members to support party positions.

Standing Committees

Permanent committees address broad topics​

Conference Committees

Is a temporary group of House and Senate members that works out differences between versions of a bill passed by both chambers.

Subcommittees

specialize in areas within a broader topic​

Select committees

carry out specific task

Joint committees

both House & Senate address issues that affect both ​

Committee Charis

• Powerful​

• Chosen by majority party​

• Most senior member on committee

Committee membership

• 2 standing committees, four subcommittees​

• Request assignments

What is the advantage of having committees in the House?

Committees help divide the work, letting members focus on specific issues and review bills more efficiently.

How many committees are there?

20 - 30

How many sub committees are there?

7 - teen (usually and odd number)

Qualifications for House:

• 25 years old

• Residency: Yes

• Citizen of 7 years

Qualifications for Senate:

• Article 1 Section 3 Clauses 1-7​

• 30 years old

• State Residency: Yes

• Citizen of 9 years

• 6-year term​

Membership

• Prior to 1913 State legislatures chose senators​

• 17th Amendment – direct popular vote​

How do requirements for a senator’s seat differ from those for a House member?

Age and Citizen years differ

POTUS (Leadership in line)

1. VPOTUS (Vice President)(Presiding Officer)

2. Speaker/H

3. President pro tempore

Senate Leadership

1. Party Leaders​

2. Senate majority leader - most powerful ​

3. Senate minority leader ​

What is the Senate leadership structure?​

1. Vice President

2. President pro tempore

3. Majority Leader

4. Minority Leader

5. Whips

Committees

16 Standing Committees & dozens of subcommittees​ (Is a group of people in Congress assigned to study, debate, and shape legislation on specific topics.)

Limited: 3 committees & 5 subcommittees​

• Only chair on committee, seniority rule​

• Committee assignments decided by party caucus​ (meeting of members of a political party or faction within a legislative body to coordinate strategy)

Filibuster​

It's when senators talk for a long time to stop or delay a vote.

Cloture

It’s a vote to stop debate and move forward. (Used to end a filibuster)(2/3rds vote ends debate)​

Senate ____ ____ of own members.

judges conduct

Condemn (Expelled and Censured)

To declare something wrong or unacceptable.

Vacancy

An open spot that needs to be filled.

How is membership is determined?​

Is determined by elections—voters choose representatives and senators through regular voting processes, popular vote

Senate: in each state

House of Rep: in each congressional district

Explain the main job of Congress.

To make laws for the country.

Introducing Bills: Public

affect all

Introducing Bills: Private

affect small group

Introducing Bills: Rider

provision added to a bill

Joint resolution

Used in certain circumstances, must be signed by president, carries force of law​

Concurrent resolutions

Address operations in both chambers, do not make law.​

House Bills

• Bill submitted​

• Hopper​

• Given HR #​

• Referral to a committee​

• Later assigned to a subcommittee​

• Public hearings for input​

Subcommittee’s report

Based on majority of committee members’ recommendation

Markup Process

Full committee debates bill (votes the bill out), amendments

Bills In Committee: Open

allows amendments

Bills In Committee: Closed

Not allow amendments

Bills In Committee: Modified

Limits amendments

What are the steps a bill follows while it is committee?

1. Referral – Sent to the appropriate committee.

2. Study – Members research and review the bill.

3. Hearings – Experts and the public may testify.

4. Markup – Members suggest changes and vote on edits.

5. Vote – Committee votes to pass, reject, or table the bill.

If passed, it moves to the full chamber for debate.

The Bill on the House Floor​

• Vote to accept rules​

• Committee of the Whole is formed by all members​

• Quorum only 100 (compared to 218)

• ​Members must publicly state votes in roll-call vote​

• If HB passes, then referred to the Senate​

Full body

Debates bill, recommends amendments

The vice president of the United States serves what role in the U.S. Senate?

The vice president serves as the president of the Senate and can cast a tie-breaking vote when the Senate is evenly split.

During the constiutional convention in the summer of 1787, small sates favored the New Jersey plan. The New jersey plan benefited small states by…

…giving each state equal representation in Congress, regardless of population size.

Veto

Is the president’s power to reject a bill passed by Congress, preventing it from becoming law.

Pocket Veto

Happens when the president does not sign a bill and Congress adjourns within 10 days, preventing the bill from becoming law.