United States Congress

The United States Congress is the of the  of the. It is, consisting of a and. The House of Representatives has 435 voting members, with each member representing a and serving a two-year term. House seats are among the  on the basis of. , the, , and the send non-voting  to the House;  sends a non-voting  who serves a four-year term; and the  are not represented. The Senate has 100 members serving staggered six-year terms. Each state has two senators, regardless of population. Every two years, approximately one-third of the Senate is elected. Both senators and representatives are chosen through.

The vests all legislative power to and in the. While the House and Senate are generally equal partners in the legislative process (legislation cannot be enacted without the consent of both chambers), the Constitution grants each chamber unique powers unavailable to the other. gives the "Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint, other public Ministers and Consuls, s of the , and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments." Bills for raising revenue must originate in the House of Representatives, which also has the sole power of of federal officers, while the Senate has the sole power to try cases in which the House has voted an impeachment.

The Congress meets in the in  The term Congress may also refer to a particular meeting of the Congress, reckoned according to the terms of representatives. That is, a "Congress" covers two years with the first year called the First Session and the second year called the Second Session. The current first convened on,.

History


The Congress of the United States has its roots from the, a meeting of representatives of twelve of thirteen North American colonies, in the autumn of 1774. On, the  adopted the , referring to the new nation as the "United States of America".

The, which was written in 1776, came in to effect in 1781. Under the Articles of Confederation, the was a  body that had delegates from each state, with equal representation among the states, and in which each state had a veto over most decisions. With no executive or judicial branch, and minimal authority given to the Congress, the central government was weak compared to the s. The Congress of the Confederation had authority over foreign affairs and military matters, but not to collect taxes, regulate, or enforce laws. A key underlying principle was that states remained sovereign, thus were free to ignore any legislation passed by Congress. This system of government did not work well, with economic troubles in the states and dispute among the states.

The ineffectiveness of the federal government under the Articles of Confederation led the Congress to summon the. Originally intended to revise the Articles of Confederation, it ended up writing a completely new constitution. delegate called for a  Congress in his : the lower house elected directly by the people, and the upper house elected by the lower house. The smaller states, however, favored a unicameral Congress with equal representation for all states; countered Madison's proposals with the. Eventually, a was reached: the House of Representatives was to provide representation, whereas the Senate would provide. In order to preserve further the authority of the states, it was provided that state legislatures, rather than the people, would elect senators.

The Constitution gave more powers to the federal government, such as regulating interstate commerce, managing foreign affairs and the military, and establishing a national currency. These were seen as essential for the success of the new nation, but the states retained over other affairs. To protect against abuse of power at the federal level, the Constitution mandated, with responsibilities divided among the executive, legislative, and judicial branches. Furthermore, the legislative body would be, so there would be. The Constitution was ratified by the end of 1788, and its full implementation was set for,.

The post  was marked by  dominance of the Congress. The saw the  (ratified in 1913), which provided for the direct election of senators. The early twentieth century witnessed the rise of strong party leadership in both houses of the Congress. In the House of Representatives, the office of became extremely powerful. Leaders in the Senate were somewhat less powerful; individual senators still retained much of their influence. After the revolt against Speaker in 1910, the seniority system emerged. Members became powerful chairmen through years of seniority regardless of the leadership. chairmen remained particularly strong in both houses until the reforms of the 1970s and 1990s.

's election as President in 1932 marked a shift in power towards the presidency. Numerous initiatives were proposed from the  and sent to Congress for approval, rather than legislation originating in Congress. After the and other abuses of power by the  administration, Congress began to reassert its power to oversee the executive branch and develop legislation.

During the administration of President Franklin D. Roosevelt (1933–45), the controlled both houses of Congress. The Republicans won control of both houses in the 1946 elections, only to lose them in 1948; with 's election to the presidency in, the Republicans again won both houses. However, after the Democrats again won back control in the elections of 1954, it was the majority party in both houses of Congress for most of the next forty years; the Republicans were only able to win control of the Senate for a six-year period, 1981–87. The Republicans won a majority position, in both houses of Congress, in the elections of 1994. The Republicans controlled both houses until 2006, except in the Senate for most of 2001 and 2002, when the Democrats had the majority after left the Republican Party to become an independent and caucus with the Democrats. In 2006, the Democratic Party regained control of the House of Representatives, and the results of the Senate elections yielded a Senate makeup of 49 Republicans, 49 Democrats, and two independents. In the (2007–08), the Democratic voting bloc has a 51 to 49 majority in the Senate because the two senators who ran and were elected as independents,  of  and  of, align themselves with the Democratic Party.

Powers
sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. s have granted Congress additional powers. Congress also has derived from the  of the Constitution.

Congress has authority over financial and budgetary matters, through the enumerated power to "lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States." The extended power of taxation to include es. The Constitution also gives Congress power over appropriating funds, with all government spending required to included in congressional appropriations. This power is an important way for Congress to keep the executive branch in check. Other powers granted to Congress include the authority to borrow money on the credit of the United States, with foreign nations and among the states, and coin money.

The Constitution also gives Congress an important role in, including the exclusive power to declare war, to raise and maintain the , and to make rules for the military. Congress also has the power to establish post offices and post roads, issue s and s, fix standards of weights and measures, establish courts inferior to the, and "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." Congress also has the power to admit new states to the Union.

One of the foremost non-legislative functions of the Congress is the power to investigate and to oversee the executive branch. This is called. This power is usually delegated to &mdash;,, select committees, or composed of members of both houses. Congress also has the exclusive, allowing impeachment and removal of the.

Enumerated powers
Among the enumerated powers given Congress in Article I Section 8, are:

Other congressional powers have been granted, or confirmed, by s. The  (1865),  (1868), and  (1870) gave Congress authority to enact legislation in order to enforce rights of, including , , and  under the law.

Implied powers
Congress also has derived from the  of the Constitution which permits Congress "To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." The Supreme Court has interpreted the necessary-and-proper clause broadly, to recognize the Congress has all the power and delegates it rather than being burdened with a separation of powers.

Limits of power
of the U.S. Constitution places limits of congressional authority. For instance, Congress may not suspend the privilege of the writ of  ("unless when in cases of or, the public safety may require it"), or grant. Congress is also prohibited from passing or  laws. Several other restrictions are specified by constitutional amendments, especially the. The last clause of the Bill of Rights, the, provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Checks and balances
The Constitution provides among the three branches of the. The authors of the Constitution expected the greater power to lie with Congress and it has been theorized that that is one reason they are described in Article One.

The influence of Congress on the presidency has varied from one period to another; the degree of power depending largely on the leadership of the Congress, political influence by the president, or other members of congress and the boldness of the president's initiatives. Under the first half-dozen presidents, power seems to have been evenly divided between the president and Congress, in part because early presidents largely restricted their vetoes to bills that were unconstitutional.

The of  made the presidency much less powerful than Congress. During the late nineteenth century, President aggressively attempted to restore the executive branch's power, vetoing over 400 bills during his first term. The twentieth and twenty-first centuries have seen the rise of the power of the Presidency under (1901–09),  (1913–21),  (1933–45),  (1969–74),  (1981–89), and  (2001–) (see ). In recent years, Congress has restricted the powers of the President with laws such as the and the ; nevertheless, the Presidency remains considerably more powerful than during the nineteenth century.

The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors." The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the be banned from holding office in the future.

Impeachment proceedings may not inflict more than this; however, the party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (Another resigned before the Senate could complete the trial). Only two Presidents of the United States have ever been impeached: in 1868 and  in 1999. Both ended in ; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for. In 1974, resigned from office after impeachment proceedings in the  indicated he would eventually be removed from office.

The Constitution entrusts certain powers to the Senate alone. The President may only nominate for appointment s, s, and other high officers with the "by and with the advice and consent" of the Senate. The Senate confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than in the office of Vice-President.

In 1803, the Supreme Court established of federal legislation in, holding, however, that Congress could not grant unconstitutional power to the Court itself. The Constitution does not explicitly state that the courts may exercise judicial review; however, the notion that courts could declare laws was envisioned by the. , for example, mentioned and expounded upon the doctrine in. on the Supreme Court have argued that if the constitution doesn't say something explicitly it is unconstitutional to infer what it should, might or could have said.

Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary, compel individuals to testify by issuing s. Witnesses who refuse to testify may be cited for, and those who testify falsely may be charged with. Most committee hearings are open to the public (the and  are the exception); important hearings are widely reported in the.

Term
The House of Representatives elects a Speaker to preside over debates. The President pro tempore of the Senate, by contrast, holds office continuously; normally, a new President pro tempore is only elected if the previous one retires, or if there is a change in the majority party.

A term of Congress is divided into two "," one for each year; Congress has occasionally also been called into an extra, (or special) session. (The Constitution requires Congress to meet at least once each year.) A new session commences on (or another date, if Congress so chooses) each year. Before the, Congress met from the first Monday in December to April or May in the first session of their term (the "long session"); and from December to in the second "short session". (The new Congress would then meet for some days, for the inauguration, swearing in new members, and organization.)

The Constitution forbids either house from meeting any place outside the Capitol, or from adjourning for more than three days, without the consent of the other house. The provision was intended to prevent one house from thwarting legislative business simply by refusing to meet. To avoid obtaining consent during long recesses, the House or Senate may sometimes hold  meetings, sometimes only minutes long, every three days. The consent of both bodies is required for Congress's final adjournment, or adjournment , at the end of each congressional session. If the two houses cannot agree on a date, the Constitution permits the President to settle the dispute.

Joint sessions
Joint Sessions of the United States Congress occur on special occasions that require a concurrent resolution from both House and Senate. These sessions include the counting of following a Presidential election and the President's State of the Union address. Other meetings of both House and Senate are called Joint Meetings of Congress, held after unanimous consent agreements to recess and meet. Meetings of Congress for Presidential s may also be Joint Sessions, if both House and Senate are in session at the time, otherwise they are formal joint gatherings.

At some time during the first two months of each session, the President customarily delivers the, a speech in which he assesses the situation of the country and outlines his proposals for the congressional session. The speech is modeled on the given by the, and is mandated by the Constitution of the United States—though it is not necessarily required to be delivered each year or in the customary manner. discontinued the original practice of delivering the speech in person before both houses of Congress, deeming it too monarchical. Instead, Jefferson and his successors sent a written message to Congress each year. In 1913, President reestablished the practice of personally attending to deliver the speech; few Presidents have deviated from this custom since.

Joint Sessions and Joint Meetings are traditionally presided over by the except for the joint session to count electoral votes for President, when the Constitution requires the President of the Senate (the Vice President of the United States) to preside.

Bills and resolutions
A proposal may be introduced in Congress as a, a , a , or a. Most legislative proposals are introduced as bills, but some are introduced as joint resolutions. There is little practical difference between the two, except that joint resolutions may include preambles but bills may not. Joint resolutions are the normal method used to propose a constitutional amendment or to declare war. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of. Instead, they serve to express the opinion of Congress, or to regulate.

Members of Congress often introduce legislation at the behest of. Lobbyists advocate the passage (or rejection) of bills affecting the interest of a particular group (such as a or a ). In many cases, the lobbyists write and submit it to a member for introduction. Congressional lobbyists are legally required to be registered in a central, and are employed by s, s, s, foreign governments, and numerous other groups. In 2005, there are almost 35,000 registered Congressional lobbyists, representing a doubling since 2000. Some of the most prominent lobbyists are ex-members of Congress, others are family members of sitting members. As an example,, , former Congressman , and all have immediate family members who are (or were) lobbyists.

Bills (and other proposals) may be introduced by any member of either house. However, the Constitution provides that: "All bills for raising Revenue shall originate in the House of Representatives." As a result, the Senate does not have the power to initiate bills imposing es. Furthermore, the House of Representatives holds that the Senate does not have the power to originate s, or bills authorizing the of  funds. Historically, the Senate has disputed the interpretation advocated by the House. However, whenever the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. Nevertheless, while the Senate cannot originate and appropriation bills, it does retain the power to amend or reject them.

Each bill goes through several stages in each house. The first stage involves consideration by a committee. Most legislation is considered by s, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. In some cases, bills may be sent to, which tend to have more narrow jurisdictions than standing committees. Each standing and select committee is led by a (who belongs to the ) and a ranking member (who belongs to the ). Committees are permitted to hold s and collect evidence when considering bills. They may also amend the bill, but the full house holds the power to accept or reject committee amendments. After considering and debating a measure, the committee votes on whether it wishes to report the measure to the full house.

A decision not to report a bill amounts to a rejection of the proposal. Both houses provide for procedures under which the committee can be bypassed or overruled, but they are rarely used. If reported by the committee, the bill reaches the floor of the full house. The house may debate and amend the bill; the precise procedures used by the House of Representatives and the Senate differ. A final vote on the bill follows.

Once a bill is approved by one house, it is sent to the other, which may pass, reject, or amend it. In order for the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, then the differences between the two versions must be reconciled in a, an ad hoc committee that includes both senators and representatives. In many cases, conference committees have introduced substantial changes to bills and added unrequested spending, significantly departing from both the House and Senate versions. President once quipped, "If an orange and an apple went into conference consultations, it might come out a pear." If both houses agree to the version reported by the conference committee, the bill passes; otherwise, it fails.

After passage by both houses, a bill is submitted to the. The President may choose to sign the bill, thereby making it law. The President may also choose to the bill, returning it to Congress with his objections. In such a case, the bill only becomes law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the President may choose to take no action, neither signing nor vetoing the bill. In such a case, the Constitution states that the bill automatically becomes law after ten days (excluding Sundays). However, if Congress adjourns (ends a legislative session) during the ten day period, then the bill does not become law. Thus, the President may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as a, and cannot be overridden by the adjourned Congress.

Every Act of Congress or joint resolution begins with an or resolving formula stipulated by law. These are:
 * Act of Congress: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled."
 * Joint resolution: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled."

Quorum and vote
The Constitution specifies that a majority of members constitutes a to do business in each house. The rules of each house provide that a quorum is assumed to be present unless a quorum call demonstrates the contrary. Representatives and senators rarely force the presence of a quorum by demanding quorum calls; thus, in most cases, debates continue even if a majority is not present.

Both houses use voice voting to decide most matters; members shout out "aye" or "no," and the presiding officer announces the result. The Constitution, however, requires a on the demand of one-fifth of the members present. If the result of the voice vote is unclear, or if the matter is controversial, a recorded vote usually ensues. The Senate uses votes; a clerk calls out the names of all the senators, each senator stating "aye" or "no" when his or her name is announced. The House reserves roll call votes for the most formal matters; normally, members vote by electronic device. In the case of a tie, the motion in question fails. In the Senate, the Vice President may (if present) cast the tiebreaking vote.

Committees
It is not expected that a member of Congress be an expert on all matters and subject areas that Congress deals with. are sub-organizations within Congress that handles a specific duties or subject areas. Committee membership enables members to develop specialized knowledge of the matters under their jurisdiction. Committees monitor on-going governmental operations, identify issues suitable for legislative review, gather and evaluate information; and recommend courses of action to their parent body. Congress divides its legislative, oversight, and internal administrative tasks among approximately 200 committees and. Within assigned areas, these functional sub-units gather information, compare and evaluate legislative alternatives, identify policy problems and propose solutions, select, determine, and report measures for full chamber consideration, monitor executive branch performance (oversight), and investigate allegations of wrongdoing.

Decision on which areas individual members choose to specialize may be influenced by their constituency and regional issues of importance to them, as well as prior background and experience of the member. Senators will also try to differentiate themselves from the other senator from the same state, so that areas of specialization do not overlap.

Constituency services
A major aspect of the job for senators and representatives is services. Members receive thousands of letters, phone calls, and e-mails, with some expressing opinion on an issue or displeasure with a position or actions of the member. Other constituents request help with problems, or ask questions. Members of Congress want to leave a positive impression on the constituent, rather than leave them disgruntled. Thus, their offices will be responsive, and go out of their way to help with the problem or inquiry. Members will also regularly appear at local events in their home district, and will maintain offices in the home or state. On average, each senator spends 80 days each year in their home state, while representatives spends 120 days in their home district.

Privileges
Under the Constitution, members of both houses enjoy the of being free from  in all cases, except for, , and. This applies to members during sessions and when traveling to and from sessions. The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of, including and subpoenas. The rules of the House strictly guard this privilege; a member may not waive the privilege on his or her own, but must seek the permission of the whole house to do so. Senate rules, on the other hand, are less strict, and permit individual senators to waive the privilege as they see fit.

The Constitution also guarantees absolute freedom of debate in both houses, providing, "for any Speech or Debate in either House, they shall not be questioned in any other Place." Hence, a member of Congress may not be sued for because of remarks made in either house. However, each house has its own rules restricting offensive speeches, and may punish members who transgress them.

Obstructing the work of Congress is a under, and is known as. Each house of Congress has the power to cite individuals for contempt, but may not impose any punishment. Instead, after a house issues a contempt citation, the judicial system pursues the matter like a normal criminal case. If convicted in court, an individual found guilty of contempt of Congress may be imprisoned for up to one year.

From 1789 to 1815, members of Congress received only a per diem (daily payment) of $6.00 while in session. Members began receiving an annual salary in 1815, when they were paid $1,500 per year. rank and file Members of Congress received a yearly salary of $165,200. Congressional leaders are paid $183,500 per year. The Speaker of the House of Representatives earns $212,100 per annum. The salary of the for 2006 is $183,500, equal to that of the Majority Leader and Minority Leader of both Houses of Congress.

Members elected since 1984 are covered by the Federal Employees' Retirement System (FERS). Those elected prior to 1984 were covered by the Civil Service Retirement System (CSRS). In 1984 all members were given the option of remaining with CSRS or switching for FERS. As it is for all other federal employees, congressional retirement is funded through taxes and the participants' contributions. Members of Congress under FERS contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of a Congressperson's pension depends on the years of service and the average of the highest 3 years of his or her salary. By law, the starting amount of a Member's retirement annuity may not exceed 80% of his or her final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $60,972, while those who retired under FERS, or in combination with CSRS, was $35,952.

Another privilege is the use of the. One of the Library's missions is to serve the Congress and its staff. To do this, the provides detailed, up-to-date and non-partisan research for senators, representatives, and their staff to help them carry out their official duties. The allows members of Congress to send official  to constituents at government expense. Though, they are not permitted to send election materials, borderline material is often sent, especially in the run-up to an election by those in close races.

Comparison with parliamentary systems
Many of the world's democracies and republics operate not within a of government, but rather a. The most significant difference between a parliamentary government and the U.S. Congress is that a parliament typically encompasses the entire governmental regime, containing legislative, executive, and judicial branches within its structure (the executive organs are often referred to as "The Government"), as well as the monarch, if one exists. The U.S. Congress exercises only legislative powers, and is but one of three co-equal and independent branches of the larger federal government.

In a parliament, the executive branch of the government is chosen from or by the representative branch. This generally comprises the and the governing. Congressional leaders merely administrate the daily business of Congress itself, while it is in session, and not the functioning of the national government as a whole. So, while in structure the resembles a prime minister, in substance and practice he or she only moderates the functioning of the U.S. Congress, while the wholly separate executive branch of government administrates the daily functioning of the federal government. In the U.S. Congress, legislation originates within the legislative branch, whereas in a parliamentary system, legislation is drafted by the government in power and then sent to parliament for debate and ratification.

Members of the U.S. Congress are generally elected from one of two parties, but its members are free to vote their own conscience or that of their constituents. Many members can and do cross party lines frequently. In a parliamentary system, members may be compelled to vote with their party's bloc, and those who vote against are often cast out of their respective and become less influential independents. The lack of superpowerful political parties allows U.S. members to more faithfully represent their constituents than members of parliament can&mdash;a member is ultimately responsible to their constituents alone, not to their party.

Other references and further reading

 * Baker, Ross K. (2000). House and Senate, 3rd ed. New York: W. W. Norton. (Procedural, historical, and other information about both houses)
 * Barone, Michael and Richard E. Cohen. The Almanac of American Politics, 2006 (2005), elaborate detail on every district and member; 1920 pages
 * Berg-Andersson, Richard E. (2001). Explanation of the types of Sessions of Congress (Term of Congress)
 * Berman, Daniel M. (1964). In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company. (Legislative procedure)
 * Bianco, William T. (2000) Congress on Display, Congress at Work, University of Michigan Press.
 * Hamilton, Lee H. (2004) How Congress Works and Why You Should Care, Indiana University Press.
 * Herrick, Rebekah. (2001). "Gender effects on job satisfaction in the House of Representatives." Women and Politics, 23 (4), 85–98.
 * Hunt, Richard. (1998). "Using the Records of Congress in the Classroom," OAH Magazine of History, 12 (Summer): 34–37.
 * Imbornoni, Ann-Marie, David Johnson, and Elissa Haney. (2005). "Famous Firsts by American Women." Infoplease.
 * Lee, Frances and Bruce Oppenheimer. (1999). Sizing Up the Senate: The Unequal Consequences of Equal Representation. University of Chicago Press: Chicago. (Equal representation in the Senate)
 * Rimmerman, Craig A. (1990). "Teaching Legislative Politics and Policy Making." Political Science Teacher, 3 (Winter): 16–18.
 * Ritchie, Donald A. (1997). "What Makes a Successful Congressional Investigation." OAH Magazine of History, 11 (Spring): 6–8. (Congressional investigations and committee hearings)
 * Story, Joseph. (1891). Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little. (History, constitution, and general legislative procedure)
 * Tarr, David R. and Ann O'Connor. Congress A to Z (CQ Congressional Quarterly) (4th 2003) 605pp
 * Wilson, Woodrow. (1885). Congressional Government. New York: Houghton Mifflin.
 * Some information in this article has been provided by the Senate Historical Office.