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Congressional Gold Medal.com |
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United States of America Congressional Gold Medal United States Congress
The United States Congress is the legislative branch of the United States government. The structure and responsibilities of Congress are defined in Article One of the
United States Constitution. The United States Congress is bicameral, that is, having two houses: the Senate and the House of Representatives. The first Congress started its term in New York City on March 4, 1789 and their first action was to declare that the new Constitution of the United States was in effect. The powers of the Congress are set forth in Article 1 (particularly Article 1, Section 8) of the United States Constitution. Congress's powers were later supplemented by the post-Civil War amendments to the Constitution (Amendments 13, 14, and 15, each of which authorizes the Congress to enforce its provisions by appropriate legislation), and by the 16th Amendment, which authorizes an income tax. Other parts of the Constitution--particularly Article 1, Section 9, and the first ten amendments to the Constitution (the Bill of Rights)--impose limitations on Congress's power. The Senate has 100 seats, one-third are renewed every two years; two members are elected from each state by popular vote to serve six-year terms. Each state has equal representation in the Senate because the states are each equal members of the federal union. The House of Representatives has 435 seats. Members are directly elected by popular vote to serve two-year terms from Congressional districts. The states with the smallest population still have at least one seat. These seats are apportioned according to the population of each state, but the total number is fixed at 435. Proceedings of the United States Congress were televised for the first time on January 3, 1947. Proceedings of the Congress are regularly broadcast, including newsworthy sessions of committees and subcommitees. Powers of the House and Senate Each house of Congress has the power to introduce legislation on any subject except raising revenue, which must originate in the House of Representatives. The large states may thus appear to have more influence over the public purse than the small states. In practice, however, each house can vote against legislation passed by the other house. The Senate may disapprove a House revenue bill or any bill, for that matter or add amendments that change its nature. In that event, a conference committee made up of members from both houses must work out a compromise acceptable to both sides before the bill becomes law. The Senate also has certain powers especially reserved to that body, including the authority to confirm presidential appointments of high officials and ambassadors of the federal government, as well as authority to ratify all treaties by a two-thirds vote. In either instance, a negative vote in the Senate nullifies executive action. In the case of impeachment of federal officials, the House has the sole right to bring charges of misconduct that can lead to an impeachment trial. The Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A finding of guilt results in the removal of the federal official from public office. The broad powers of the whole Congress are spelled out in Article I of the
Constitution: To levy and collect taxes; To borrow money for the public treasury; To make rules and regulations governing commerce among the states and with foreign countries; To make uniform rules for the naturalization of foreign citizens; To coin money, state its value, and provide for the punishment of counterfeiters; To set the standards for weights and measures; To establish bankruptcy laws for the country as a whole; To establish post offices and post roads; To issue patents and copyrights; To set up a system of federal courts; To punish piracy; To declare war; To raise and support armies; To provide for a navy; To call out the militia to enforce federal laws, suppress lawlessness, or repel invasions; To make all laws for the seat of government (Washington, D.C.); To make all laws necessary to enforce the Constitution. A few of these powers are now outdated, but they remain in effect. The Tenth Amendment sets definite limits on congressional authority, by providing that powers not delegated to the national government are reserved to the states or to the people. In addition, the Constitution specifically forbids certain acts by Congress. It may not: Suspend the writ of habeas corpus a requirement that those accused of crimes be brought before a judge or court before being imprisoned unless necessary in time of rebellion or invasion; Pass laws that condemn persons for crimes or unlawful acts without a trial; Pass any law that retroactively makes a specific act a crime; Levy direct taxes on citizens, except on the basis of a census already taken; Tax exports from any one state; Give specially favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them; Authorize any titles of nobility. Officers of the Congress The Constitution provides that the vice president shall be president of the Senate. The vice president has no vote, except in the case of a tie. The Senate chooses a president pro tempore to preside when the vice president is absent. The House of Representatives chooses its own presiding officer the Speaker of the House. The speaker and the president pro tempore are always members of the political party with the largest representation in each house. At the beginning of each new Congress, members of the political parties select floor leaders and other officials to manage the flow of proposed legislation. These officials, along with the presiding officers and committee chairpersons, exercise strong influence over the making of laws. The Committee Process One of the major characteristics of the Congress is the dominant role committees play in its proceedings. Committees have assumed their present-day importance by evolution, not by constitutional design, since the Constitution makes no provision for their establishment. At present the Senate has 17 standing (or permanent) committees; the House of Representatives has 19 committees. Each specializes in specific areas of legislation: foreign affairs, defense, banking, agriculture, commerce, appropriations, and other fields. Almost every bill introduced in either house is referred to a committee for study and recommendation. The committee may approve, revise, kill, or ignore any measure referred to it. It is nearly impossible for a bill to reach the House or Senate floor without first winning committee approval. In the House, a petition to release a bill from a committee to the floor requires the signatures of 218 members; in the Senate, a majority of all members is required. In practice, such discharge motions only rarely receive the required support. The majority party in each house controls the committee process. Committee chairpersons are selected by a caucus of party members or specially designated groups of members. Minority parties are proportionally represented on the committees according to their strength in each house. Bills are introduced by a variety of methods. Some are drawn up by standing committees; some by special committees created to deal with specific legislative issues; and some may be suggested by the president or other executive officers. Citizens and organizations outside the Congress may suggest legislation to members, and individual members themselves may initiate bills. After introduction, bills are sent to designated committees that, in most cases, schedule a series of public hearings to permit presentation of views by persons who support or oppose the legislation. The hearing process, which can last several weeks or months, opens the legislative process to public participation. One virtue of the committee system is that it permits members of Congress and their staffs to amass a considerable degree of expertise in various legislative fields. In the early days of the republic, when the population was small and the duties of the federal government were narrowly defined, such expertise was not as important. Each representative was a generalist and dealt knowledgeably with all fields of interest. The complexity of national life today calls for special knowledge, which means that elected representatives often acquire expertise in one or two areas of public policy. When a committee has acted favorably on a bill, the proposed legislation is then sent to the floor for open debate. In the Senate, the rules permit virtually unlimited debate. In the House, because of the large number of members, the Rules Committee usually sets limits. When debate is ended, members vote either to approve the bill, defeat it, table it which means setting it aside and is tantamount to defeat or return it to committee. A bill passed by one house is sent to the other for action. If the bill is amended by the second house, a conference committee composed of members of both houses attempts to reconcile the differences. Once passed by both houses, the bill is sent to the president, for constitutionally the president must act on a bill for it to become law. The president has the option of signing the bill by which it becomes law or vetoing it. A bill vetoed by the president must be reapproved by a two-thirds vote of both houses to become law. The president may also refuse either to sign or veto a bill. In that case, the bill becomes law without his signature 10 days after it reaches him (not counting Sundays). The single exception to this rule is when Congress adjourns after sending a bill to the president and before the 10-day period has expired; his refusal to take any action then negates the bill a process known as the "pocket veto." Congressional Powers of Investigation One of the most important nonlegislative functions of the Congress is the power to investigate. This power is usually delegated to committees either to the standing committees, to special committees set up for a specific purpose, or to joint committees composed of members of both houses. Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, to inquire into the qualifications and performance of members and officials of the other branches, and, on rare occasions, to lay the groundwork for impeachment proceedings. Frequently, committees call on outside experts to assist in conducting investigative hearings and to make detailed studies of issues. There are important corollaries to the investigative power. One is the power to publicize investigations and their results. Most committee hearings are open to the public and are widely reported in the mass media. Congressional investigations thus represent one important tool available to lawmakers to inform the citizenry and arouse public interest in national issues. Congressional committees also have the power to compel testimony from unwilling witnesses and to cite for contempt of Congress witnesses who refuse to testify and for perjury those who give false testimony. Informal Practices of Congress In contrast to European parliamentary systems, the selection and behavior of U.S. legislators has little to do with central party discipline. Each of the major American political parties is a coalition of local and state organizations that join together as a national party Republican or Democratic during the presidential elections at four-year intervals. Thus the members of Congress owe their positions to their local or state electorate, not to the national party leadership nor to their congressional colleagues. As a result, the legislative behavior of representatives and senators tends to be individualistic and idiosyncratic, reflecting the great variety of electorates represented and the freedom that comes from having built a loyal personal constituency. Congress is thus a collegial and not a hierarchical body. Power does not flow from the top down, as in a corporation, but in practically every direction. There is only minimal centralized authority, since the power to punish or reward is slight. Congressional policies are made by shifting coalitions that may vary from issue to issue. Sometimes, where there are conflicting pressures from the White House and from important economic or ethnic groups legislators will use the rules of procedure to delay a decision so as to avoid alienating an influential sector. A matter may be postponed on the grounds that the relevant committee held insufficient public hearings. Or Congress may direct an agency to prepare a detailed report before an issue is considered. Or a measure may be put aside ("tabled") by either house, thus effectively defeating it without rendering a judgment on its substance. There are informal or unwritten norms of behavior that often determine the assignments and influence of a particular member. "Insiders," representatives and senators who concentrate on their legislative duties, may be more powerful within the halls of Congress than "outsiders," who gain recognition by speaking out on national issues. Members are expected to show courtesy toward their colleagues and to avoid personal attacks, no matter how unpalatable their opponents' policies may be. Members are also expected to specialize in a few policy areas rather than claim expertise in the whole range of legislative concerns. Those who conform to these informal rules are more likely to be appointed to prestigious committees or at least to committees that affect the interests of a significant portion of their constituents. How Our Laws Are Made II. THE CONGRESS Article I, Section 1, of the United States Constitution, provides that: 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. The Senate is composed of 100 Members -- two from each state, regardless of population or area -- elected by the people in accordance with the 17th Amendment to the Constitution. The 17th Amendment changed the former constitutional method under which Senators were chosen by the respective state legislatures. A Senator must be at least 30 years of age, have been a citizen of the United States for nine years, and, when elected, be a resident of the state for which the Senator is chosen. The term of office is six years and one-third of the total membership of the Senate is elected every second year. The terms of both Senators from a particular state are arranged so that they do not terminate at the same time. Of the two Senators from a state serving at the same time the one who was elected first -- or if both were elected at the same time, the one elected for a full term -- is referred to as the "senior" Senator from that state. The other is referred to as the "junior" Senator. If a Senator dies or resigns during the term, the governor of the state must call a special election unless the state legislature has authorized the governor to appoint a successor until the next election, at which time a successor is elected for the balance of the term. Most of the state legislatures have granted their governors the power of appointment. Each Senator has one vote. As constituted in the 106th Congress, the House of Representatives is composed of 435 Members elected every two years from among the 50 states, apportioned to their total populations. The permanent number of 435 was established by federal law following the Thirteenth Decennial Census in 1910, in accordance with Article I, Section 2, of the Constitution. This number was increased temporarily to 437 for the 87th Congress to provide for one Representative each for Alaska and Hawaii. The Constitution limits the number of Representatives to not more than one for every 30,000 of population. Under a former apportionment in one state, a particular Representative represented more than 900,000 constituents, while another in the same state was elected from a district having a population of only 175,000. The Supreme Court has since held unconstitutional a Missouri statute permitting a maximum population variance of 3.1 percent from mathematical equality. The Court ruled in Kirkpatrick v. Preisler, 394 U.S. 526 (1969), that the variances among the districts were not unavoidable and, therefore, were invalid. That decision was an interpretation of the Court's earlier ruling in Wesberry v. Sanders, 376 U.S. 1 (1964), that the Constitution requires that "as nearly as is practicable one man's vote in a congressional election is to be worth as much as another's". A law enacted in 1967 abolished all "at-large" elections except in those less populous states entitled to only one Representative. An "at-large" election is one in which a Representative is elected by the voters of the entire state rather than by the voters in a congressional district within the state. A Representative must be at least 25 years of age, have been a citizen of the United States for seven years, and, when elected, be a resident of the state in which the Representative is chosen. If a Representative dies or resigns during the term, the governor of the state must call a special election pursuant to state law for the choosing of a successor to serve for the unexpired portion of the term. Each Representative has one vote. In addition to the Representatives from each of the States, a Resident Commissioner from the Commonwealth of Puerto Rico and Delegates from the District of Columbia, American Samoa, Guam, and the Virgin Islands are elected pursuant to federal law. The Resident Commissioner and the Delegates have most of the prerogatives of Representatives including the right to vote in committees to which they are elected. However, the Resident Commissioner and the Delegates do not have the right to vote on matters before the House. Under the provisions of Section 2 of the 20th Amendment to the Constitution, Congress must assemble at least once every year, at noon on the 3rd day of January, unless by law they appoint a different day. A Congress lasts for two years, commencing in January of the year following the biennial election of Members. A Congress is divided into two sessions. The Constitution authorizes each House to determine the rules of its proceedings. Pursuant to that authority, the House of Representatives adopts its rules on the opening day of each Congress. The Senate considers itself a continuing body and operates under continuous standing rules that it amends from time to time. Unlike some other parliamentary bodies, both the Senate and the House of Representatives have equal legislative functions and powers with certain exceptions. For example, the Constitution provides that only the House of Representatives originate revenue bills. By tradition, the House also originates appropriation bills. As both bodies have equal legislative powers, the designation of one as the "upper" House and the other as the "lower" House is not appropriate. The chief function of Congress is the making of laws. In addition, the Senate has the function of advising and consenting to treaties and to certain nominations by the President. However, under the 25th Amendment to the Constitution, both Houses confirm the Presidents nomination for Vice-President when there is a vacancy in that office. In the matter of impeachments, the House of Representatives presents the charges -- a function similar to that of a grand jury -- and the Senate sits as a court to try the impeachment. No impeached person may be removed without a two-thirds vote of the Senate. The Congress also plays a role in presidential elections. Both Houses meet in joint session on the sixth day of January, following a presidential election, unless by law they appoint a different day, to count the electoral votes. If no candidate receives a majority of the total electoral votes, the House of Representatives, each state delegation having one vote, chooses the President from among the three candidates having the largest number of electoral votes. The Senate, each Senator having one vote, chooses the Vice President from the two candidates having the largest number of votes for that office.
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