The Constitution lays the groundwork for Congress, outlining its structure and powers. It establishes a bicameral legislature with the House and Senate, each serving distinct roles in representing the people and states.

Congress wields significant authority through enumerated powers like taxation and declaring war. The bicameral system creates checks and balances, with each chamber bringing unique perspectives to lawmaking and oversight of the executive branch.

Congress's Constitutional Foundations

Establishment and Structure of Congress

• Article I, Section 1 of the Constitution establishes Congress as the legislative branch of the federal government, stating that "All legislative Powers herein granted shall be vested in a Congress of the United States."
• Article I, Sections 2-5 outline the specific structure, composition, and election processes for the House of Representatives and the Senate.
  • The House provides representation based on population, while the Senate provides equal representation for each state, with two Senators per state regardless of population.
  • The bicameral structure was a result of the Connecticut Compromise at the Constitutional Convention, balancing representation between larger and smaller states.

Enumerated Powers and Legislative Process

• The Constitution grants Congress specific enumerated powers in Article I, Section 8, which define the scope of its legislative authority.
  • These powers include the power to tax, borrow money, regulate commerce, coin money, declare war, and raise and support armies.
  • The "Necessary and Proper Clause" (also known as the Elastic Clause) grants Congress the power to make laws that are necessary and proper for executing its enumerated powers and all other powers vested in the federal government.
• Article I, Section 7 outlines the process by which a bill becomes a law, requiring passage by both chambers and approval by the President (or veto override).
• Amendments to the Constitution, such as the 17th Amendment (direct election of Senators) and the 20th Amendment (changing the start date of congressional terms), have modified some aspects of congressional structure and operations.

Bicameralism in Congress

Checks and Balances

• Bicameralism serves as a check and balance within the legislative branch, as bills must pass both chambers before being sent to the President.
  • This structure prevents the concentration of legislative power in a single body and encourages deliberation and compromise.
  • The distinct characteristics of each chamber, such as term lengths and constituencies, influence the dynamics of the legislative process and the types of legislation prioritized.

Representation and Legislative Dynamics

• The House, with its larger membership and shorter terms, is often considered more responsive to public opinion and focused on local interests.
  • Representatives, elected every two years, must constantly consider the views of their constituents and the impact of their actions on their re-election prospects.
• The Senate, with its smaller membership and longer terms, is often viewed as a more deliberative body, focused on national issues and less susceptible to short-term political pressures.
  • Senators, serving six-year terms, have more flexibility to take politically unpopular positions and engage in longer-term policy considerations.
• The bicameral structure also allows for different perspectives and expertise to be brought to bear on legislative issues, as each chamber has its own committees and leadership structures.

Congress Members: Qualifications and Election

Qualifications and Term Lengths

• House members must be at least 25 years old, U.S. citizens for at least 7 years, and residents of the state they represent. Senators must be at least 30 years old, U.S. citizens for at least 9 years, and residents of the state they represent.
• Representatives serve two-year terms, while Senators serve six-year terms. These term lengths influence the focus and responsiveness of each chamber to public opinion.
  • The shorter terms of House members make them more accountable to their constituents and more likely to prioritize short-term goals and immediate public concerns.
  • The longer terms of Senators provide more stability and allow for a focus on long-term policy objectives and a more deliberative approach to legislation.

Election Processes and Representation

• House elections occur every even-numbered year, with the entire chamber up for election. Senate elections are staggered, with one-third of the Senate elected every two years.
  • This staggered election process ensures continuity in the Senate and prevents complete turnover in a single election cycle.
• House members are elected from single-member districts within states, with districts reapportioned after each decennial census.
  • This system ensures local representation and allows for a diversity of interests to be represented in the House.
• Senators are elected at-large by the entire state electorate.
  • The 17th Amendment, ratified in 1913, established the direct election of Senators by popular vote, replacing the original method of selection by state legislatures.
  • This change made Senators more accountable to the general public and reduced the influence of state-level political interests.

Congressional Powers and Responsibilities

Legislative and Fiscal Powers

• Congress has the power of the purse, controlling the allocation of funds through the budget and appropriations process.
  • This power allows Congress to set national priorities and influence policy through the distribution of federal resources.
  • The House has the sole power to initiate revenue bills, giving it a key role in shaping tax policy and generating funds for government operations.
• Constitutional amendments can be proposed by a two-thirds vote in both houses of Congress, illustrating its role in the amendment process.
  • This power allows Congress to respond to changing societal needs and address issues not originally anticipated by the Constitution's framers.

Oversight and Impeachment Powers

• Congress has oversight responsibilities, including the power to investigate and subpoena witnesses, which serve as a check on the executive branch.
  • Congressional committees can hold hearings, conduct investigations, and request documents from executive agencies to ensure transparency and accountability.
• The House has the sole power to impeach federal officials, while the Senate has the sole power to try impeachments.
  • Impeachment serves as a critical check on the President and other federal officials, allowing Congress to remove those who have committed "high crimes and misdemeanors."
• The Senate has the power to ratify treaties and confirm presidential appointments, providing a check on the President's foreign policy and appointment powers.
  • This power ensures that key foreign policy decisions and the selection of high-level officials are subject to congressional scrutiny and approval.