Omar Bennett
The United States Congress is made up of the House of Representatives and the Senate. The Constitution grants Congress the authority to enact legislation and declare war, confirm or reject Presidential appointments, and exercise investigative powers. While the Constitution does not explicitly mention congressional leadership positions, it outlines the structure and powers of Congress, which include the establishment of an annual budget, taxation, and borrowing. Leadership positions emerge from the organisational structure of Congress, with the Speaker of the House being a notable example.
| Characteristics | Values |
|---|---|
| Number of members of the House of Representatives | 435 |
| Frequency of elections for the House of Representatives | Every two years |
| Minimum age for members of the House of Representatives | 25 years old |
| Minimum age for members of the Senate | 30 years old |
| Term length for senators | Six years |
| Frequency of elections for the Senate | Every two years (staggered, with approximately one-third of the Senate up for election at a time) |
| Leadership positions | Speaker of the House, Majority Leader, Minority Leader |
| Powers | To enact legislation, declare war, confirm or reject Presidential appointments, regulate the economy, establish an annual budget, levy taxes and tariffs, authorise borrowing, mandate spending, and compel the production of evidence or testimony |
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What You'll Learn
The Speaker of the House
The position of Speaker of the House is not mentioned in the US Constitution, but every Speaker thus far has been an incumbent member of the House of Representatives. The Speaker is second in the US presidential line of succession, after the vice president and ahead of the president pro tempore of the Senate.
The House elects its speaker at the beginning of a new Congress, biennially, after a general election, or when a speaker dies, resigns, or is removed from the position during a congressional term. A speaker must be selected before members are sworn in, and the House cannot organize or take other legislative actions until this happens. Since 1839, the House has elected speakers by roll call vote. Each party's caucus or conference selects a candidate for the speakership from among its senior leaders before the roll call. To be elected speaker, a candidate must receive a majority of votes from the members present and voting. If no candidate wins a majority, the roll call is repeated until a speaker is elected.
The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon. The current Speaker of the House is Republican Mike Johnson from Louisiana. Johnson was elected on October 25, 2023, after Speaker Kevin McCarthy was ousted from the position. Johnson helped pass a bill meant to provide Ukraine with $60 billion of US military aid. He was narrowly re-elected to a full term as speaker in 2025.
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The role of Congress in declaring war
The United States Constitution grants Congress the authority to declare war. Article I, Section 8, Clause 1 of the Constitution states that "Congress shall have Power To... provide for the common Defence and general Welfare of the United States." This includes the power to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water." The framers of the Constitution intended to prevent the concentration of too much power in the hands of a single person, such as the President, by requiring congressional approval for war declarations.
Historically, Congress has declared war on several occasions, including the War of 1812, the Mexican-American War, the Spanish-American War, and World Wars I and II. However, critics argue that the executive branch, particularly the President, has increasingly usurped Congress's power to declare war. Since World War II, every American president has used military force without a formal declaration of war from Congress.
Despite this trend, Congress still plays a crucial role in overseeing military actions. Once a conflict has begun, Congress assumes a constitutional role of oversight, which includes funding the military, authorizing the use of force, and conducting ongoing evaluations of the war effort. This oversight power allows Congress to retain some control over the conduct of war even if the initial declaration of war was made by the President without their formal approval.
In conclusion, while the role of Congress in declaring war has evolved over time, it remains an essential check on the executive branch's power to initiate armed conflict. The Constitution's grant of war-making powers to Congress reflects the framers' desire to ensure that declarations of war are made through a democratic and deliberative process, involving the representatives of the American people.
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Congress's power to regulate the economy
The US Constitution provides checks and balances among the three branches of the federal government. Its authors expected Congress to have greater power, as described in Article One. The influence of Congress on the presidency has varied over time, depending on factors such as congressional leadership, presidential political influence, and historical circumstances.
The Supreme Court has played a crucial role in shaping Congress's power to regulate the economy through its interpretation of the Commerce Clause. Initially, the Court interpreted this power narrowly, focusing on the direct movement of goods across state lines. However, as the economy became more complex, the Court began to recognize a broader scope of authority for Congress under the Commerce Clause. Landmark cases such as NLRB v. Jones & Laughlin Steel Corp (1937), Wickard v. Filburn (1942), and United States v. Lopez (1995) have expanded Congress's power to regulate intrastate economic activities that substantially affect interstate commerce.
The Commerce Clause has been a source of ongoing controversy, with debates surrounding the balance of power between the federal government and the states. Some argue that Congress has used the Commerce Clause to justify exercising legislative power over the activities of states and their citizens, while others view it as a restriction on the regulatory authority of the states. The interpretation of the term "commerce" has been a point of contention, with varying definitions of commercial and social intercourse between citizens of different states.
In conclusion, Congress's power to regulate the economy is derived from the Commerce Clause of the US Constitution and has been shaped by Supreme Court interpretations. This power has expanded over time to include a wide range of economic activities, and it continues to be a subject of debate regarding the appropriate balance of power between the federal government and the states.
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Congressional leadership's influence on the presidency
The US Constitution, in Article One, grants greater power to Congress. The influence of Congress on the presidency has fluctuated over time, influenced by factors like congressional leadership, presidential political clout, historical events like wars, and individual initiatives by Congress members.
Congressional leadership positions, such as chamber, party, and committee leadership, exert significant influence on policy agendas and legislative processes. The Speaker of the House, for instance, is responsible for presiding over the chamber's business and recognising representatives. The majority and minority party leaders in the House also play crucial roles, with the former advancing their party's policy agenda and appointing committee members, and the latter mobilising support for their policies. The Senate's leadership structure differs, with the majority-party leader wielding substantial power over the Senate's policy and political agenda.
The powers of congressional leaders are particularly notable when Congress and the presidency are controlled by different parties. Congressional leaders can advance or block legislation, influence committee budgets, and control the conduct of committee meetings. They also play a role in hiring congressional staff and deciding which matters receive attention.
The Progressive Era witnessed strong party leadership in both houses, with the Speaker of the House assuming significant power under leaders like Thomas Reed and Joseph Gurney Cannon. The emergence of party structures and leadership as key organisers of Senate proceedings marked this period. A system of seniority, where long-serving members accrued more influence, encouraged politicians to seek long terms.
The impeachment of President Andrew Johnson notably weakened the presidency relative to Congress for a significant period. However, the 20th and 21st centuries have witnessed a shift towards a more powerful executive, with presidents like Theodore Roosevelt, Woodrow Wilson, Franklin D. Roosevelt, and Ronald Reagan expanding presidential power.
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The House Majority Leader
The United States Congress, as described in Article One of the US Constitution, is expected to hold greater power than the other branches of the federal government. The US Constitution also mentions the influence of Congress on the presidency, which has varied over time depending on factors such as congressional leadership and historical circumstances.
The current House Majority Leader is Steve Scalise, who represents the Republicans on the House floor. The Majority Leader is responsible for managing the party's legislative program and plays a crucial role in keeping the party united and advancing its agenda. The Majority Leader is elected by the members of the majority party in the House of Representatives and serves as a key leader within the party. The position of the House Majority Leader is an important one, as it plays a significant role in shaping the legislative process and ensuring the efficient functioning of the House of Representatives.
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Frequently asked questions
No, the Constitution does not explicitly mention congressional leadership positions. However, it does outline the powers and responsibilities of Congress, including its role in enacting legislation, declaring war, and confirming or rejecting Presidential appointments.
The Speaker of the House and the Majority Leader are two of the most significant leadership positions in Congress. The Speaker of the House is the presiding officer of the House of Representatives and is third in line to the Presidency. The Majority Leader is responsible for scheduling business on the floor and coordinating with the Minority Leader to fashion unanimous consent agreements.
After each legislative election, the party that wins the most representatives becomes the "majority" and selects their leader by a majority vote. The leader of the “minority" party becomes the Minority Leader.
According to Article One of the US Constitution, members of the House of Representatives must be at least 25 years old, while members of the Senate must be at least 30 years old.
Congress has the sole authority to enact legislation, declare war, confirm or reject Presidential appointments, and conduct investigations. It is also responsible for establishing the annual budget, levying taxes and tariffs, and authorizing borrowing if necessary.
