2.1

Congress Overview

• Congress is one of the world’s most democratic governing bodies, defined under Article I of the Constitution.

• It consists of two houses: the Senate and the House of Representatives.

• Congress creates statutes that become part of the United States Code, shaping national policies.

• The 116th Congress was called to order in January 2019, led by Speaker Nancy Pelosi and Vice President Mike Pence.

Structure of Congress

• Designed as a response to inadequate representation under the Articles of Confederation.

• The framers prioritized a republican government reflecting both citizen and elite views.

• The First United States Congress met in 1789 in New York City.

Bicameral Legislature

• Result of the Great Compromise between large and small states.

• House of Representatives: Members are apportioned based on state population; census conducted every ten years.

• Senate: Equal representation with two senators from each state, totaling 100 members.

Demographics of the 117th Congress (2021-2022)

• Total Members: 535

• Men: 391, Women: 147

• Racial Composition: African American (60), Latino (54), Asian or Pacific Islander (21), Native American (5), Caucasian (398)

• Born outside the U.S.: 28

• Military Service: 91, Law Degrees: 194

Differences between House and Senate

Functions of Each House

• House of Representatives: Designed for direct representation and responsive to public opinion; initiates revenue bills and impeachments.

• Senate: Provides stability; longer terms allow for deeper consideration of policies and foreign affairs (advice on treaties and major appointments).

Legislative Process

• Bills can start in either chamber, but revenue bills must originate in the House.

• Both chambers must pass identical bills for them to be sent to the president for signing.

Powers of Congress

• Congress is granted several expressed powers in Article I, Section 8, often referred to as enumerated powers.

Power of the Purse

• Congress has the authority to raise revenue through taxation and must approve any expenditures from the treasury.

• Both chambers have a role in the complexities of the federal budget.

Regulating Commerce

• Congress regulates interstate commerce widely under the commerce clause.

• Has faced legal challenges, especially regarding the breadth of authority tied to health care, environmental standards, and manufacturing regulations.

Foreign Affairs and Military Powers

• Congress oversees military funding and can declare war, legislates conscription, and manages military policy.

• While the president serves as Commander in Chief, Congress holds significant power concerning military actions.

War Powers Act of 1973

• Designed to limit the president’s ability to engage U.S. forces without Congressional approval; requires notification within 48 hours and limits deployment to 60 days without further authorization.

Implied Powers and the Elastic Clause

• The necessary and proper clause allows Congress to create laws not expressly outlined in the Constitution, leading to a broadened scope of federal responsibility.

• Notable Supreme Court cases (e.g., McCulloch v. Maryland) endorsed the broad interpretation of implied powers.

Exclusive Powers of the House and Senate

• The House can select a president if no candidate wins a majority in the Electoral College.

• The Senate confirms presidential nominations and ratifies treaties, requiring a two-thirds majority.

• Each chamber has unique roles in impeachment proceedings, with the House initiating and the Senate conducting trials.

Key Terms

• Bicameral: Two-house legislature

• Enumerated Powers: Powers explicitly listed in the Constitution

• Implied Powers: Powers not explicitly stated, derived from the Elastic Clause

• War Powers Act: Sets limitations on the president's military engagement authority

• Seventeenth Amendment: Established direct election of senators by the people.