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๐ŸŽŸ๏ธIntro to American Government Unit 11 Review

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11.1 The Institutional Design of Congress

๐ŸŽŸ๏ธIntro to American Government
Unit 11 Review

11.1 The Institutional Design of Congress

Written by the Fiveable Content Team โ€ข Last updated September 2025
Written by the Fiveable Content Team โ€ข Last updated September 2025
๐ŸŽŸ๏ธIntro to American Government
Unit & Topic Study Guides

Congress plays a crucial role in American democracy, serving as the legislative branch of government. It's responsible for making laws, representing constituents, and overseeing the executive branch. The Constitution grants Congress specific powers and establishes its structure.

The House and Senate have distinct structures and responsibilities. While they share lawmaking duties, each chamber has unique powers. Understanding how Congress operates, including its committee system and legislative process, is key to grasping American governance.

The Constitutional Role and Functions of Congress

Constitutional role of Congress

  • Legislative branch of the federal government established by Article I of the Constitution
  • Serves as a check on the executive and judicial branches through separation of powers and a system of checks and balances

Types of congressional powers

  • Lawmaking introduces, debates, and votes on bills and can override presidential vetoes with a two-thirds majority in both chambers
  • Represents constituents by advocating for the interests of their states or districts (agricultural subsidies, infrastructure projects)
  • Oversees the executive branch by conducting investigations and hearings, confirming presidential appointments, and ratifying treaties
  • Exercises budgetary powers by levying taxes, controlling government spending, and authorizing borrowing on the credit of the United States
  • Holds other constitutional powers such as declaring war, establishing post offices and roads, and regulating commerce with foreign nations and among the states (interstate commerce)

Structure and Responsibilities of the House and Senate

House vs Senate structure

  • House of Representatives has 435 voting members apportioned based on state population and elected to two-year terms, presided over by the Speaker of the House
  • Senate has 100 members with two senators per state regardless of population, elected to six-year terms, presided over by the Vice President of the United States

Types of congressional powers

  • House has exclusive powers to initiate revenue bills and impeach federal officials
  • Senate has exclusive powers to try impeachment cases, confirm presidential appointments, and ratify treaties
  • Both chambers share responsibilities of introducing, debating, and voting on legislation, overseeing the executive branch, and investigating issues of national importance (Watergate scandal, 9/11 Commission)

Congressional Districts and Gerrymandering

Congressional districts and gerrymandering

  • Congressional districts are determined by state legislatures after each decennial census and should have roughly equal population
  • Redistricting process can be subject to gerrymandering, which manipulates district boundaries to favor a particular party or group
  • Types of gerrymandering include packing (concentrating opposition voters into a few districts) and cracking (dispersing opposition voters across many districts)
  • Gerrymandering can lead to disproportionate representation where the party with fewer overall votes may win more seats (2012 House elections)
  • It can also reduce electoral competition by creating safe districts for incumbents and may discourage voter participation due to the perception that votes don't matter in non-competitive districts

Congressional Powers

Types of congressional powers

  • Enumerated powers are specifically listed in the Constitution, such as regulating commerce, coining money, and declaring war
  • Implied powers are derived from the Necessary and Proper Clause, allowing Congress to make laws needed to carry out enumerated powers (creating a national bank, establishing a military draft)
  • Inherent powers are not explicitly stated but considered essential to national sovereignty, such as acquiring new territories and regulating immigration
  • Oversight powers involve investigating and monitoring the executive branch through actions like holding hearings on government programs and issuing subpoenas for documents or testimony (Iran-Contra affair, Benghazi hearings)

Congressional Organization and Procedures

Committee system

  • Congress organizes its work through a system of committees and subcommittees
  • Committees specialize in specific policy areas and play a crucial role in the legislative process
  • Standing committees are permanent and handle most legislation
  • Select or special committees are temporary and focus on specific issues or investigations
  • Joint committees include members from both chambers and typically serve an investigative function

Legislative process

  • Bills are introduced, referred to relevant committees, and may undergo hearings and markup sessions
  • If approved by committee, bills are reported to the full chamber for debate and voting
  • In the Senate, the filibuster allows for extended debate to delay or prevent a vote on legislation
  • Cloture is a procedure to end a filibuster, requiring 60 votes in the Senate

Party leadership and caucuses

  • Each party in both chambers has a leadership structure to organize and guide legislative efforts
  • Party leaders include the majority and minority leaders, and whips who help coordinate party positions
  • Congressional caucuses are groups of members who share common interests or policy goals and work together on specific issues

Lobbying

  • Interest groups and individuals engage in lobbying to influence legislative outcomes
  • Lobbyists provide information, draft legislation, and advocate for specific policies or funding
  • Lobbying is regulated by federal laws to ensure transparency and prevent undue influence