Definition: The legislative branch of the federal government is primarily composed of the U.S. Congress and is responsible for making the country’s laws.
Composition: Consists of two houses: the House of Representatives and the Senate. Members are elected by citizens of the United States.
Powers of Congress
Creation: Established during the Constitutional Convention in 1787.
Purpose: The framers sought to build a strong central government while preserving individual liberties and preventing government abuse of power.
Separation of Powers: The government is divided into three branches: legislative, executive, and judicial.
Article I of the Constitution: Formulates the U.S. Congress as a bicameral legislative body.
Significance: Positioned at the start of the Constitution, indicating the framers' intent for the legislative branch to be the most powerful and closest to the public.
Evolution of Power: Over time, the power of Congress has diminished relative to the presidency, especially during the 19th and 20th centuries, but it remains crucial to government functioning.
House of Representatives
Total Representatives: There are 435 total representatives in the House.
State Representation: Each state receives a different number of representatives based on population.
Non-Voting Delegates: Represents the District of Columbia and U.S. territories, such as Puerto Rico, Guam, and the U.S. Virgin Islands.
Leadership: The leader, known as the Speaker of the House, is elected by members.
Presidential Succession: The speaker is third in line for the presidency.
Characteristics of the House:
Closest chamber to the public and more responsive to public opinions.
Members are elected every two years with all House members facing re-election simultaneously.
Term Limits: No limit on the number of terms a representative may serve.
Qualifications: According to Article I, Section 2 of the Constitution:
Must be at least 25 years old.
Must have been a U.S. citizen for at least seven years.
Must reside in the state they represent.
Senate
Design: More insulated from direct contact with the electorate than the House, relying on members' experience and wisdom.
State Representation: Each state has two senators, providing equal representation regardless of size, benefiting smaller states.
Term Length: Senators serve six-year terms with no limit on the number of terms.
One-third of the Senate is up for election every two years.
Qualifications: According to the Constitution:
Must be at least 30 years old.
Must have been a U.S. citizen for at least nine years.
Must reside in the state represented.
Vice Presidency: The vice president serves as the president of the Senate and casts a tie-breaking vote when necessary.
President Pro Tempore: The most senior member presides over the Senate in the absence of the vice president.
Legislative Agencies and Political Parties
Agencies: The legislative branch includes various agencies that support Congress, such as:
Congressional Budget Office.
Copyright Office.
Library of Congress.
Political Parties: Although not mentioned in the Constitution, political parties are vital to government today.
Major Parties: Dominant parties include Republicans and Democrats, forming majority and minority parties.
Leadership Structure: Includes the Speaker of the House, majority leader, and minority leader, with representatives serving as whips to manage party votes and communications.
Legislative Process
Bill Introduction: Anyone can draft legislation (a "bill"), but it must be introduced in either the House or Senate by a primary sponsor (a representative or senator).
Committee Review: A committee reviews the bill, researching and making amendments before it goes to the chamber floor.
Floor Debate: Bills are debated in the House or Senate; additional amendments can be proposed.
Voting Process: If the majority votes favorably, the bill moves to the other chamber for debate.
Presidential Action: Once both houses approve the same version:
The president can either sign the bill into law or veto it.
If vetoed, Congress can override the veto with a two-thirds vote in both chambers, a process which illustrates the system of checks and balances.
Additional Powers of Congress
Law-Making: Beyond legislation, Congress possesses review and control powers, including:
The power to declare war.
Creating the annual budget.
Levying taxes on citizens to finance the budget.
Ensuring government revenue is allocated appropriately.
Unique House Powers: The House holds specific powers such as:
Impeaching federal officials.
Proposing all tax legislation.
Unique Senate Powers: The Senate’s unique powers include:
Ratifying treaties with foreign nations.
Trying impeachment cases.
Confirming presidential appointments, including Cabinet members and Supreme Court justices.