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135-674: In the United States Congress , a joint resolution is a legislative measure that requires passage by the Senate and the House of Representatives and is presented to the president for their approval or disapproval. Generally, there is no legal difference between a joint resolution and a bill . Both must be passed, in exactly the same form, by both chambers of Congress, and signed by the President (or, re-passed in override of
270-478: A federal structure with two overlapping power centers so that each citizen as an individual is subject to the powers of state government and national government. To protect against abuse of power, each branch of government – executive, legislative, and judicial – had a separate sphere of authority and could check other branches according to the principle of the separation of powers . Furthermore, there were checks and balances within
405-592: A "driving force in American government" and a "remarkably resilient institution". Congress is the "heart and soul of our democracy", according to this view, even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices ; one wrote that "legislators remain ghosts in America's historical imagination." One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and
540-472: A Senate and House of Representatives." The House and Senate are equal partners in the legislative process – legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while the House initiates revenue -raising bills. The House initiates impeachment cases, while
675-521: A bill and the president to sign into law an act to reapportion the House from since the ratification of the constitution up until 1941, which is when a self-executing statute was enacted, thus making reapportionment an automatic process. Although the first sentence in this clause originally concerned apportionment of both House seats and taxes among the several states, the Fourteenth Amendment sentence that replaced it in 1868 mentioned only
810-518: A bill or joint resolution can be used to create a law, the two generally have different purposes. Bills are generally used to add, repeal, or amend laws codified in the United States Code or Statutes at Large , and provide policy and program authorizations. Regular annual appropriations are enacted through bills. Conversely, joint resolutions generally are vehicles for purposes such as: This United States Congress –related article
945-545: A house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members" or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts , have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections , or requiring that Representatives live in
1080-471: A necessary sacrifice to that spirit of conciliation, which was indispensable to the union of states having a great diversity of interests, and physical condition, and political institutions". Section 2 of the Fourteenth Amendment (1868) later superseded Article 1, Section 2, Clause 3 and explicitly repealed the compromise. Following the completion of each census, Congress is empowered to use
1215-444: A powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal "substantially reshaped" relations between the branches of government, suggested political scientist Bruce J. Schulman . Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as
1350-553: A presidential veto ; or, remain unsigned for ten days while Congress is in session) to become a law. Only joint resolutions may be used to propose amendments to the United States Constitution , and these do not require the approval of the President. Laws enacted by joint resolutions are not distinguished from laws enacted by bills, except that they are designated as resolutions as opposed to Acts of Congress (see for example War Powers Resolution ). While either
1485-492: A proper purpose ("in aid of" its legislative powers) functions as a limit on Congress's ability to investigate the private affairs of individual citizens; matters that simply demand action by another branch of government, without implicating an issue of public policy necessitating legislation by Congress, must be left to those branches due to the doctrine of separation of powers. The courts are highly deferential to Congress's exercise of its investigation powers, however. Congress has
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#17327647060881620-471: A replacement to serve out the remainder of the senator's term. If the state legislature was not in session, its governor could appoint a temporary replacement to serve until the legislature could elect a permanent replacement. This was superseded by the Seventeenth Amendment , which provided for the popular election of senators, instead of their appointment by the state legislature. In a nod to
1755-487: A result, including: three presidents ( Andrew Johnson , Bill Clinton , and Donald Trump , twice), two Cabinet secretaries ( William W. Belknap and Alejandro Mayorkas ), one senator ( William Blount ), one Supreme Court associate justice ( Samuel Chase ), and fourteen federal judges . Also, notably, impeachment proceedings compelled the resignation of President Richard Nixon . The Constitution does not specify how impeachment proceedings are to be initiated. Until
1890-524: A revised constitution with a two-chamber or bicameral Congress. Smaller states argued for equal representation for each state. The two-chamber structure had functioned well in state governments. A compromise plan, the Connecticut Compromise , was adopted with representatives chosen by population (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states). The ratified constitution created
2025-582: A state's at-large representation to the federal government by senators. Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90 percent. The historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, which is a part of the National Archives and Records Administration . Congress
2160-519: A two-year term , commencing every other January. Elections are held every even-numbered year on Election Day . The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 established that there be 435 representatives, and the Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts . It
2295-633: Is a stub . You can help Misplaced Pages by expanding it . United States Congress Minority (49) Minority (212) Vacant (3) [REDACTED] [REDACTED] The United States Congress is the legislature of the federal government of the United States . It is bicameral , composed of a lower body, the United States House of Representatives , and an upper body, the United States Senate . It meets in
2430-546: Is a vesting clause that bestows federal legislative power exclusively to Congress. Similar clauses are found in Article II , which confers executive power upon the president alone, and Article III , which grants judicial power solely to the federal judiciary. These three articles create a separation of powers among the three branches of the federal government . This separation of powers, by which each branch may exercise only its own constitutional powers and no others,
2565-497: Is also required that the congressional districts be apportioned among states by population every ten years using the U.S. census results, provided that each state has at least one congressional representative. Each senator is elected at-large in their state for a six-year term, with terms staggered , so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for
2700-490: Is central to the theory. The nondelegation doctrine is primarily used as a way of interpreting a congressional delegation of authority narrowly, in that the courts presume Congress intended only to delegate that which it certainly could have, unless it clearly demonstrates it intended to "test the waters" of what the courts would allow it to do. Although not mentioned in the Constitution, Congress has also long asserted
2835-581: Is currently impossible, because while the size of the House of Representatives is fixed at 435, several states had less than 1/435 of the national population at the time of the last reapportionment in 2020. However, the Supreme Court has interpreted the provision of Clause One that Representatives shall be elected "by the People" to mean that, in those states with more than one member of the House of Representatives, each congressional election district within
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#17327647060882970-693: Is directly responsible for the governing of the District of Columbia , the current seat of the federal government. The First Continental Congress was a gathering of representatives from twelve of the Thirteen Colonies . On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence , referring to the new nation as the "United States of America". The Articles of Confederation in 1781 created
3105-440: Is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from
3240-493: Is essentially charged with reconciling our many points of view on the great public policy issues of the day. Congress is constantly changing and is constantly in flux. In recent times, the American South and West have gained House seats according to demographic changes recorded by the census and includes more women and minorities . While power balances among the different parts of government continue to change,
3375-433: Is extraordinarily sensitive to public pressure. Several academics described Congress: Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body ... Congress
3510-603: Is fundamental to the idea of a limited government accountable to the people. The separation of powers principle is particularly significant for Congress. The Constitution declares that the Congress may exercise only those legislative powers "herein granted" within Article I (as later limited by the Tenth Amendment ). It also, by implied extension, prohibits Congress from delegating its legislative authority to either of
3645-516: Is up for re-election every two years, but the entire body is never up for re-election in the same year (as contrasted with the House, where its entire membership is up for re-election every 2 years). As originally established, senators were elected by the Legislature of the State they represented in the Senate. If a senator died, resigned, or was expelled, the legislature of the state would appoint
3780-529: The tabloidization of media coverage. Others saw pressure to squeeze a political position into a thirty-second soundbite. A report characterized Congress in 2013 as unproductive, gridlocked, and "setting records for futility". In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would "fire every member of Congress" including their own representative. One report suggested Congress posed
3915-561: The 1920 census , Congress failed to apportion the House, with the House using the allocations of the Apportionment Act of 1911 until after the 1932 elections, which was the date determined by Congress after it passed and the president signed the Reapportionment Act of 1929 . This resulted in the representation within the House to remain frozen for twenty years. Reapportionment of the House required Congress to pass
4050-544: The Board of Education . Congress began reasserting its authority. Lobbying became a big factor despite the 1971 Federal Election Campaign Act . Political action committees or PACs could make substantive donations to congressional candidates via such means as soft money contributions. While soft money funds were not given to specific campaigns for candidates, the money often benefited candidates substantially in an indirect way and helped reelect candidates. Reforms such as
4185-541: The Commerce Clause , the enumerated power to regulate commerce, in rulings such as McCulloch v. Maryland , have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section Eight. Constitutional responsibility for the oversight of Washington, D.C. , the federal district and national capital, and the U.S. territories of Guam , American Samoa , Puerto Rico ,
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4320-587: The Congress of the Confederation , a unicameral body with equal representation among the states in which each state had a veto over most decisions. Congress had executive but not legislative authority, and the federal judiciary was confined to admiralty and lacked authority to collect taxes, regulate commerce, or enforce laws. Government powerlessness led to the Convention of 1787 which proposed
4455-609: The Conservative Coalition . Democrats maintained control of Congress during World War II . Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees. Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy. Senator Joseph McCarthy exploited
4590-517: The District of Columbia full representation in the Congress without also granting it statehood. Their argument is that an amendment that would allow a non-state district to have two senators would deprive the states of their equal suffrage in the Senate and would therefore require unanimous ratification by all the states. Those in favor of the amendment have argued that the States are merely entitled to equal suffrage amongst one another, and that granting
4725-523: The Northern Mariana Islands . These six members of Congress enjoy floor privileges to introduce bills and resolutions, and in recent Congresses they vote in permanent and select committees, in party caucuses and in joint conferences with the Senate. They have Capitol Hill offices, staff and two annual appointments to each of the four military academies. While their votes are constitutional when Congress authorizes their House Committee of
4860-412: The Reapportionment Act of 1929 , a constant 435 House seats have been apportioned among the states according to each census, and determining the size of the House is not presently part of the apportionment process. With one exception, the apportionment of 1842, the House of Representatives had been enlarged by various degrees from sixty-five members in 1788 to 435 members by 1913. The determination of size
4995-526: The Supreme Court , the power to raise and support an army and a navy, the power to call forth the militia "to execute the laws of the Union, suppress insurrections, and repel invasions" and to provide for the militia's "organizing, arming, disciplining...and governing" and granting Congress the power to declare war . Section 8 also provides Congress the power to establish a federal district to serve as
5130-475: The U.S. Virgin Islands , and the Northern Mariana Islands rests with Congress. The republican form of government in territories is devolved by congressional statute to the respective territories including direct election of governors, the D.C. mayor and locally elective territorial legislatures. Article One of the U.S. Constitution Article One of the Constitution of the United States establishes
5265-580: The United States Capitol in Washington, D.C. Members are chosen through direct election , though vacancies in the Senate may be filled by a governor 's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The vice president of the United States , as President of the Senate, has a vote in the Senate only when there is a tie. The House of Representatives has six non-voting members . Congress convenes for
5400-458: The income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states; that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between
5535-434: The legislative branch of the federal government , the United States Congress . Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate . Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper " to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on
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5670-449: The second-wave feminism movement , when activists moved into electoral politics. Beginning in the 1970s, donors and political action committees like EMILY's List began recruiting, training and funding women candidates. Watershed political moments like the confirmation of Clarence Thomas and the 2016 presidential election created momentum for women candidates, resulting in the Year of
5805-441: The three-fifths compromise , was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes and for the apportionment of seats in the House of Representatives and of taxes among the states. It was, according to Supreme Court Justice Joseph Story (writing in 1833 ), a "matter of compromise and concession, confessedly unequal in its operation, but
5940-418: The veto power of the president of the United States . Under Section 7, the president can veto a bill, but Congress can override the president's veto with a two-thirds vote of both chambers. Section 8 lays out the powers of Congress. It includes several enumerated powers, including the power to lay and collect "taxes, duties, imposts, and excises" (provided duties, imposts, and excises are uniform throughout
6075-484: The "biggest risk to the U.S. economy" because of its brinksmanship , "down-to-the-wire budget and debt crises" and "indiscriminate spending cuts", resulting in slowed economic activity and keeping up to two million people unemployed. There has been increasing public dissatisfaction with Congress, with extremely low approval ratings which dropped to 5% in October 2013. In 2009, Congress authorized another delegate for
6210-439: The 1960s opened the possibility for Black, Asian American, Latina and other non-white women candidates to run for Congress. Racially polarized voting, racial stereotypes and lack of institutional support still prevent women of color from reaching Congress as easily as white people . Senate elections, which require victories in statewide electorates, have been particularly difficult for women of color. Carol Moseley Braun became
6345-790: The 2002 Bipartisan Campaign Reform Act limited campaign donations but did not limit soft money contributions. One source suggests post-Watergate laws amended in 1974 meant to reduce the "influence of wealthy contributors and end payoffs" instead "legitimized PACs" since they "enabled individuals to band together in support of candidates". From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $ 12.5 million to $ 120 million along with concern over PAC influence in Congress. In 2009, there were 4,600 business, labor and special-interest PACs including ones for lawyers , electricians , and real estate brokers . From 2007 to 2008, 175 members of Congress received "half or more of their campaign cash" from PACs. From 1970 to 2009,
6480-410: The 50 states. Article One of the U.S. Constitution requires that members of Congress be at least 25 years old for the House and at least 30 years old for the U.S. Senate, be a U.S. citizen for seven years for the House and nine years for the Senate, and be an inhabitant of the state which they represent. Members in both chambers may stand for re-election an unlimited number of times. The Congress
6615-457: The American response as a "police action". According to Time magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times." In 1993, Michael Kinsley wrote that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," and that the "real erosion [of Congress's war power] began after World War II." Disagreement about
6750-401: The Congress has started and ended at noon on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, congressmen, or congresswomen. Scholar and representative Lee H. Hamilton asserted that the "historic mission of Congress has been to maintain freedom" and insisted it was
6885-462: The Constitution's Necessary and Proper Clause . Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress's power to manage
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#17327647060887020-525: The Equal Protection Clause of the Fourteenth Amendment , finding that, "construed in its historical context, the command of Art. I, § 2, that Representatives be chosen 'by the People of the several States' means that as nearly as is practicable one man's vote in a congressional election is to be worth as much as another's." Court involvement in this issue developed slowly from an initial practice of electing representatives at-large, until in
7155-507: The Equal Protection Clause of the Fourteenth Amendment. In a dissenting opinion of a 1964 Supreme Court case involving reapportionment in the Alabama state legislature, Associate Justice John Marshall Harlan II included Minor v. Happersett (an 1875 case which allowed states to deny women the right to vote) in a list of past decisions about voting and apportionment which were no longer being followed. In Oregon v. Mitchell (1970),
7290-619: The Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. After
7425-552: The Government of the United States, or in any Department or Officer thereof". Article Four gives Congress the power to admit new states into the Union. One of Congress's foremost non-legislative functions is the power to investigate and oversee the executive branch. Congressional oversight is usually delegated to committees and is facilitated by Congress's subpoena power. Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing
7560-491: The House expanded delegates, along with their powers and privileges representing U.S. citizens in non-state areas, beginning with representation on committees for Puerto Rico's resident commissioner in 1970. In 1971, a delegate for the District of Columbia was authorized, and in 1972 new delegate positions were established for U.S. Virgin Islands and Guam . In 1978, an additional delegate for American Samoa were added. In
7695-420: The House of Representatives shall choose its Speaker and its other officers. Though the Constitution does not mandate it, every Speaker has been a member of the House of Representatives. The Speaker rarely presides over routine House sessions, choosing instead to deputize a junior member to accomplish the task. Finally, Section Two grants to the House of Representatives the sole power of impeachment . Although
7830-417: The House of Representatives and the Senate the power to judge their own elections, determine the qualifications of their own members, and punish or expel their own members. Section 6 establishes the compensation, privileges, and restrictions of those holding congressional office. Section 7 lays out the procedures for passing a bill, requiring both houses of Congress to pass a bill for it to become law, subject to
7965-477: The House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills . Congress has an important role in national defense , including the exclusive power to declare war, to raise and maintain the armed forces , and to make rules for the military. Some critics charge that the executive branch has usurped Congress's constitutionally defined task of declaring war. While historically presidents initiated
8100-442: The House to serve as the prosecution team in the impeachment trial in the Senate (see Section 3, Clause 6 below). The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. The first Clause of Section Three provides that each state is entitled to have two senators, who would be elected by its state legislature (now by
8235-448: The House. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. A senator must be at least 30 years of age, must have been a citizen of the United States for at least nine years before being elected, and must reside in
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#17327647060888370-563: The Jeffersonian Republican Party and began the era of the First Party System . In 1800, Thomas Jefferson 's election to the presidency marked a peaceful transition of power between the parties. John Marshall , 4th chief justice of the Supreme Court , empowered the courts by establishing the principle of judicial review in law in the landmark case Marbury v. Madison in 1803, effectively giving
8505-581: The Senate decides impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be removed from office. The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 118th Congress , began on January 3, 2023, and will end on January 3, 2025. Since the adoption of the Twentieth Amendment to the United States Constitution ,
8640-454: The Senate, including a provision that establishes the vice president of the United States as the president of the Senate. Section 4 of Article One grants the states the power to regulate the congressional election process but establishes that Congress can alter those regulations or make its own regulations. Section 4 also requires Congress to assemble at least once per year. Section 5 lays out various rules for both houses of Congress and grants
8775-530: The Senate." Thus, no individual state may have its individual representation in the Senate adjusted without its consent. That is to say, an amendment that directly changed this clause to provide that all states would get only one senator (or three senators, or any other number) could become valid as part of the Constitution if ratified by three-fourths of the states; however, one that provided for some basis of representation other than strict numerical equality (for example, population, wealth, or land area), would require
8910-561: The State they will represent at the time of the election. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a House of Congress exercising its Section 5 authority to "Judge... the... Qualifications of its own Members," or by a state in its exercise of its Section 4 authority to prescribe the "Times, Places and Manner of holding Elections for Senators and Representatives,..." The Vice President of
9045-475: The States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment , which removed the restriction by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of
9180-572: The Supreme Court a power to nullify congressional legislation. The Civil War , which lasted from 1861 to 1865, which resolved the slavery issue and unified the nation under federal authority but weakened the power of states' rights . The Gilded Age (1877–1901) was marked by Republican dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President Ulysses S. Grant in which influential lobbies advocated for railroad subsidies and tariffs on wool. Immigration and high birth rates swelled
9315-553: The Supreme Court has not had an occasion to interpret this specific provision, the Court has suggested that the grant to the House of the " sole " power of impeachment makes the House the exclusive interpreter of what constitutes an impeachable offense. This power, which is analogous to the bringing of criminal charges by a grand jury , has been used only rarely. The House has begun impeachment proceedings 62 times since 1789, and twenty-one federal officials have been formally impeached as
9450-480: The Supreme Court has recognized voting as a fundamental right, the Equal Protection Clause places very tight limitations (albeit with uncertain limits) on the states' ability to define voter qualifications; it is fair to say that qualifications beyond citizenship, residency, and age are usually questionable. In the 1960s, the Supreme Court started to view voting as a fundamental right covered by
9585-547: The Supreme Court held that the Qualifications clause did not prevent Congress from overriding state-imposed minimum age restrictions for voters in Congressional elections. Since clause 3 provides that Members of the House of Representatives are apportioned state-by-state and that each state is guaranteed at least one Representative, exact population equality between all districts is not guaranteed and, in fact,
9720-451: The U.S. Constitution places no restrictions on state or local office-holders simultaneously holding federal office , most state constitutions today effectively ban state and local office holders from also holding federal office at the same time by prohibiting federal office holders from also holding state and local office. Unlike other state-mandated restrictions, these sorts of prohibitions are constitutional as long they are enforced purely at
9855-402: The United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Section Three provides that the vice president is the president of the Senate . Excepting the duty to receive the tally of electoral votes for president, this is the only regular responsibility assigned to the office of the vice president by the Constitution. When serving in this capacity,
9990-467: The United States), "to provide for the common defense and general welfare of the United States", the power to regulate interstate and international commerce , the power to set naturalization laws , the power to coin and regulate money, the power to borrow money on the credit of the United States, the power to establish post offices and post roads, the power to establish federal courts inferior to
10125-554: The White House a little more in favor of the executive branch", according to one account. Past presidents, including Ronald Reagan , George H. W. Bush , Bill Clinton , and George W. Bush , have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including the American Bar Association , have described this practice as against
10260-504: The Whole votes, recent Congresses have not allowed for that, and they cannot vote when the House is meeting as the House of Representatives. On January 6, 2021, the Congress gathered to confirm the election of Joe Biden, when supporters of the outgoing president Donald Trump attacked the building . The session of Congress ended prematurely, and Congress representatives evacuated. Trump supporters occupied Congress until D.C police evacuated
10395-552: The Woman and the election of members of The Squad , respectively. Women of color faced additional challenges that made their ascension to Congress even more difficult. Jim Crow laws , voter suppression and other forms of structural racism made it virtually impossible for women of color to reach Congress prior to 1965. The passage of the Voting Rights Act that year , and the elimination of race-based immigration laws in
10530-423: The aggregate population in all the states (according to the prevailing Constitutional rule for determining population) to determine the relative population of each state to the population of the whole, and, based on its calculations, to establish the appropriate size of the House and to allocate a particular number of representatives to each state according to its share of the national population. Since enactment of
10665-401: The apportionment of House seats. Even so, the constraint placed upon Congress's taxation power remained, as the restriction was reiterated in Article 1 Section 9 Clause 4. The amount of direct taxes that could be collected by the federal government from the people in any State would still be tied directly to that state's share of the national population. Due to this restriction, application of
10800-662: The area. The event was the first time since the Burning of Washington by the British during the War of 1812 that the United States Congress was forcefully occupied. Various social and structural barriers have prevented women from gaining seats in Congress. In the early 20th century, women's domestic roles and the inability to vote forestalled opportunities to run for and hold public office. The two party system and
10935-417: The budget has been lost when the welfare state expanded since "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm." Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary. The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes without apportionment among
11070-416: The case of the latter, the lack of affiliation with a political party does not mean that such members are unable to caucus with members of the political parties. Members can also switch parties at any time, although this is quite uncommon. Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of
11205-635: The congressional district in which they represent. A 2002 Congressional Research Service report also found that no state could implement a qualification that a Representative not be a convicted felon or incarcerated. However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. Finally, although
11340-443: The denial of the right to vote based on race, color, or previous condition of servitude. The Nineteenth Amendment prohibits the denial of the right to vote based on sex. The Twenty-fourth Amendment prohibits the revocation of voting rights due to the non-payment of a poll tax . The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age. Moreover, since
11475-544: The early 20th century, a House member could rise and propose an impeachment, which would then be assigned to a committee for investigation upon a formal resolution vote of the judicial committee. Presently, it is the House Judiciary Committee that initiates the process and then, after investigating the allegations, prepares recommendations for the whole House's consideration. If the House votes to adopt an impeachment resolution, " managers " are appointed by
11610-612: The early years as political parties became pronounced. With the passage of the Constitution and the Bill of Rights , the anti-federalist movement was exhausted. Some activists joined the Anti-Administration Party that James Madison and Thomas Jefferson were forming about 1790–1791 to oppose policies of Treasury Secretary Alexander Hamilton ; it soon became the Democratic-Republican Party or
11745-487: The electorate. Lame duck reforms according to the Twentieth Amendment reduced the power of defeated and retiring members of Congress to wield influence despite their lack of accountability. The Great Depression ushered in President Franklin Roosevelt and strong control by Democrats and historic New Deal policies. Roosevelt 's election in 1932 marked a shift in government power towards
11880-425: The exclusive power of removal , allowing impeachment and removal of the president, federal judges and other federal officers. There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress. So-called signing statements are one way in which a president can "tip the balance of power between Congress and
12015-456: The executive authority of all states with vacancies to hold a special election within 49 days of the announcement. This election is initiated via a writ of election from the Governor ( 2 U.S.C. § 8(b) ). The House of Representatives shall chuse [ sic ] their Speaker and other Officers; and shall have the sole Power of Impeachment. Section Two further provides that
12150-595: The executive branch. Numerous New Deal initiatives came from the White House rather initiated by Congress. President Roosevelt pushed his agenda in Congress by detailing Executive Branch staff to friendly Senate committees (a practice that ended with the Legislative Reorganization Act of 1946). The Democratic Party controlled both houses of Congress for many years. During this time, Republicans and conservative southern Democrats formed
12285-463: The extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history. Congress can establish post offices and post roads, issue patents and copyrights , fix standards of weights and measures, establish Courts inferior to the Supreme Court , and "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
12420-564: The fear of communism during the Second Red Scare and conducted televised hearings. In 1960, Democratic candidate John F. Kennedy narrowly won the presidency and power shifted again to the Democrats who dominated both chambers of Congress from 1961 to 1980, and retained a consistent majority in the House from 1955 to 1994. Congress enacted Johnson's Great Society program to fight poverty and hunger. The Watergate Scandal had
12555-544: The federal district Senate representation does not violate that right. Whether unanimous consent of the 50 states would be required for such an amendment to become operative remains an unanswered political question. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at
12690-438: The federal government. Section 2 of Article One addresses the House of Representatives, establishing that members of the House are elected every two years, with congressional seats apportioned to the states on the basis of population. Section 2 includes various rules for the House of Representatives, including a provision stating that individuals qualified to vote in elections for the largest chamber of their state's legislature have
12825-662: The first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [ sic ] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. After much debate,
12960-534: The first group of senators was elected to the First Congress (1789–1791), the senators were divided into three "classes" as nearly equal in size as possible, as required by this section. This was done in May 1789 by lot . It was also decided that each state's senators would be assigned to two different classes. Those senators grouped in the first class had their term expire after only two years; those senators in
13095-412: The first woman of color to reach the Senate in 1993. The second, Mazie Hirono , won in 2013. In 2021, Kamala Harris became the first female President of the Senate , which came with her role as the first female Vice President of the United States . Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress
13230-408: The framers of the Constitution decided to make population the basis of apportioning the seats in the House of Representatives and the tax liability among the states. To facilitate this, the Constitution mandates that a census be conducted every ten years to determine the population of each state and of the nation as a whole and establishes a rule for who shall be counted or excluded from the count. As
13365-480: The governors of the states were expressly allowed by the Constitution to make temporary appointments. The current system, under the Seventeenth Amendment, allows governors to appoint a replacement only if their state legislature has previously decided to allow the governor to do so; otherwise, the seat must remain vacant until the special election is held to fill the seat, as in the case of a vacancy in
13500-402: The internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties , civic associations , interest groups , and the mass media . The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and
13635-486: The lack of term limits favored incumbent white men, making the widow's succession – in which a woman temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women. Women candidates began making substantial inroads in the later 20th century, due in part to new political support mechanisms and public awareness of their underrepresentation in Congress. Recruitment and financial support for women candidates were rare until
13770-530: The late 1940s and the early 1950s the Court used the " political question " doctrine in Baker v. Carr to decline to adjudicate districting and apportionment suits. The Supreme Court has held in Rucho v. Common Cause that there was no "constitutional directive" nor any "legal standards to guide" the Court in claims of unconstitutional partisan gerrymandering , and such claims today are considered nonjusticiable. At
13905-430: The late 20th century, the media became more important in Congress's work. Analyst Michael Schudson suggested that greater publicity undermined the power of political parties and caused "more roads to open up in Congress for individual representatives to influence decisions". Norman Ornstein suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as
14040-488: The law. Generally militia forces are controlled by state governments, not Congress. Congress also has implied powers deriving from the Constitution's Necessary and Proper Clause which permit 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". Broad interpretations of this clause and of
14175-441: The legislature since there were two separate chambers. The new government became active in 1789. Political scientist Julian E. Zelizer suggested there were four main congressional eras, with considerable overlap, and included the formative era (1780s–1820s), the partisan era (1830s–1900s), the committee era (1910s–1960s), and the contemporary era (1970–present). Federalists and anti-federalists jostled for power in
14310-464: The less populist nature of the Senate, the amendment tracks the vacancy procedures for the House of Representatives in requiring that the governor call a special election to fill the vacancy, but (unlike in the House) it vests in the state legislature the authority to allow the governor to appoint a temporary replacement until the special election is held. Note, however, that under the original Constitution,
14445-414: The male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." The Fifteenth Amendment prohibits
14580-402: The national capital and gives Congress the exclusive power to administer that district. In addition to various enumerated powers, Section 8 grants Congress the power to make laws necessary and proper to carry out its enumerated powers and other powers vested in it. Section 9 places various limits on the power of Congress, banning bills of attainder and other practices. Section 10 places limits on
14715-636: The national population. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Generally states and territories fill vacancies within the House of Representatives according to their own laws, however when vacancies within the House exceed 100 members, the Speaker of the House will announce "extraordinary circumstances" have occurred, which obligates
14850-444: The new form of government would become operational prior to the completion of a national census, the Constitution also provides for a temporary apportionment of seats. Originally, the population of each state and of the nation as a whole was ascertained by adding to the whole number of free Persons, three-fifths the number of all other Persons (i.e. slaves ), but excluding non-taxed Native Americans . This Constitutional rule, known as
14985-444: The other branches of government, a rule known as the nondelegation doctrine . However, the Supreme Court has ruled that Congress does have the latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" which governs the agency's exercise of the delegated regulatory authority. That the power assigned to each branch must remain with that branch, and may be expressed only by that branch,
15120-584: The other branches of government. In the Plame affair , critics including Representative Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case. There have been concerns about congressional oversight of executive actions such as warrantless wiretapping , although others respond that Congress did investigate the legality of presidential decisions. Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has
15255-511: The people of each state), serve for staggered six-year terms, and have one vote each. Through these provisions, adopted following the Connecticut Compromise , the Framers sought to protect the sovereignty and interests of states. This clause has been superseded by the Seventeenth Amendment , ratified in 1913, which, in part, provides as amended , that The Senate of the United States shall be composed of two Senators from each State, elected by
15390-545: The people thereof, for six years; and each Senator shall have one vote. Article Five specifies the means by which the Constitution of the United States can be amended. It ends by shielding three Article I clauses from being amended. The clause guaranteeing equal representation is among them. (The others are first and fourth clauses in Section 9, which were amendable after 1808.) Article Five provides that "no State, without its Consent, shall be deprived of its equal Suffrage in
15525-430: The power to investigate and the power to compel cooperation with an investigation. The Supreme Court has affirmed these powers as an implication of Congress's power to legislate. Since the power to investigate is an aspect of Congress's power to legislate, it is as broad as Congress's powers to legislate. However, it is also limited to inquiries that are "in aid of the legislative function"; Congress may not "expose for
15660-797: The power to investigate that which it could regulate, and the courts have interpreted Congress's regulatory powers broadly since the Great Depression . The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Election districts in each state have recently been required to be structured so that each elected representative represents substantially equal populations, based on court interpretations of
15795-474: The powers of Congress and the states from abusing their powers. Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the vesting clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of
15930-597: The process for going to war, they asked for and received formal war declarations from Congress for the War of 1812 , the Mexican–American War , the Spanish–American War , World War I , and World War II , although President Theodore Roosevelt 's military move into Panama in 1903 did not get congressional approval. In the early days after the North Korean invasion of 1950 , President Truman described
16065-703: The ranks of citizens and the nation grew at a rapid pace. The Progressive Era was characterized by strong party leadership in both houses of Congress and calls for reform; sometimes reformers said lobbyists corrupted politics. The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon . By the beginning of the 20th century, party structures and leadership emerged as key organizers of Senate proceedings. A system of seniority, in which long-time members of Congress gained more and more power, encouraged politicians of both parties to seek long terms. Committee chairmen remained influential in both houses until
16200-432: The reforms of the 1970s. Important structural changes included the direct popular election of senators according to the Seventeenth Amendment , ratified on April 8, 1913. Supreme Court decisions based on the Constitution's commerce clause expanded congressional power to regulate the economy. One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to
16335-441: The right to vote in elections for the House of Representatives. Section 3 addresses the Senate, establishing that the Senate consists of two senators from each state, with each senator serving a six-year term. Section 3 originally required that the state legislatures elect the members of the Senate, but the Seventeenth Amendment , ratified in 1913, provides for the direct election of senators. Section 3 lays out various other rules for
16470-449: The sake of exposure". It is uncontroversial that a proper subject of Congress's investigation power is the operations of the federal government, but Congress's ability to compel the submission of documents or testimony from the president or his subordinates is often-discussed and sometimes controversial (see executive privilege ), although not often litigated. As a practical matter, the limitation of Congress's ability to investigate only for
16605-402: The second class had their term expire after only four years, instead of six. After this, all senators from those states have been elected to six-year terms, and as new states have joined the Union, their Senate seats have been assigned to two of the three classes, maintaining each grouping as nearly equal in size as possible. In this way, election is staggered; approximately one-third of the Senate
16740-413: The several States, and without regard to any census or enumeration. The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congress's primary checks on the executive branch. Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money. Generally, the Senate and
16875-736: The spirit of the Constitution. There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress. In 2008, George F. Will called the Capitol building a "tomb for the antiquated idea that the legislative branch matters". The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including voting rights , due process , and equal protection under
17010-435: The state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he or she represents; although this is usually the case, there have been occasional exceptions. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by
17145-534: The state level (i.e. against active federal office holders seeking to obtain or hold a state or local office). Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after
17280-435: The state must have nearly identical populations. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of
17415-401: The states' broad powers to set voter qualification standards. Though never enforced, clause 2 of the Fourteenth Amendment provides that "when the right to vote at any election for the choice of electors for president and vice president of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of
17550-412: The states, prohibiting them from entering into alliances with foreign powers, impairing contracts , taxing imports or exports above the minimum level necessary for inspection, keeping armies, or engaging in war without the consent of Congress. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 1
17685-523: The time of its creation, the Constitution did not explicitly give citizens an inherent right to vote. However, by stipulating that those qualified to vote in elections for the largest chamber of a state's legislature could vote in Congressional (House of Representatives) elections the Framers expressed a rather explicit intent that the House was to be directly elected. Since the Civil War , several constitutional amendments have been enacted that have curbed
17820-456: The unanimous consent of all the states. Denying the states their intended role as joint partners in the federal government by abolishing their equality in the Senate would, according to Chief Justice Salmon P. Chase (in Texas v. White ), destroy the grounding of the Union. This Article V provision has been employed by those opposed to contemplated constitutional amendments that would grant
17955-442: The vice president may cast tie-breaking votes . Early in the nation's history, vice presidents frequently presided over the Senate. In modern times, the vice president usually does so only during ceremonial occasions or when a tie in the voting is anticipated. As of August 7, 2022 , there have been 294 tie-breaking votes cast by vice presidents. The Senate shall chuse [ sic ] their other Officers, and also
18090-551: Was created by the U.S. Constitution and first met in 1789, replacing the Congress of the Confederation in its legislative function. Although not legally mandated, in practice since the 19th century, members of Congress are typically affiliated with one of the two major parties , the Democratic Party or the Republican Party , and only rarely with a third party or independents affiliated with no party. In
18225-413: Was made based on the aggregate national population, so long as the size of the House did not exceed 1 member for every 30,000 of the country's total population nor the size of any state's delegation exceed 1 for every 30,000 of that state's population. With the size of the House still fixed at 435, the current ratio, as of the 2020 Census , is around 1 Representative per 760,000 Persons. However, after
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