The Legislative Branch
As we have previously studied, Article I of the Constitution establishes the legislative branch of the federal government. The legislative branch consists of both houses of Congress. The upper house is the Senate, and the lower house is the House of Representatives. Each state is allotted two senators, but the representatives are apportioned according to population.
Qualifications to Be in Congress
To serve in Congress, there are certain qualifications that have to be met. These qualifications are slightly different depending on whether a person is seeking a seat in the House of Representatives or in the Senate. Review the tabs below to learn about these qualifications.
The qualifications to serve as a representative in the United States House of Representatives are as follows:
Must be at least twenty-five years of age when taking office (not when elected—in other words, a twenty-four-year-old could be elected to the House in November as long as he or she will be twenty-five when taking office on January 3).
Must have been a citizen of the United States for at least seven years.
Must be an inhabitant of the state from which elected.
The qualifications to serve as a senator in the United States Senate are as follows:
Must be at least thirty years of age when taking office (not when elected).
Must have been a citizen of the United States for at least nine years.
Must be an inhabitant of the state from which elected.
Checks and Balances of the Legislative Branch
As part of the system of checks and balances in the Constitution, the legislative branch has several checks on the other two branches. Explore the tabs below to see how the executive and judicial branches are checked by the legislative branch.
Congress can override presidential vetoes with a two-thirds majority.
Congress can impeach and convict the president, removing him or her from office.
The Senate must approve all treaties negotiated by the executive branch.
The Senate must approve all presidential appointments.
Only Congress can declare war, enact taxes, and allocate funds for government expenditure.
