The Constitution And Congress: A Historical Perspective

The Constitution of the United States of America was formed in 1787 to establish a more perfect union, justice, domestic tranquility, common defence, general welfare, and liberty. The Constitution's main provisions include seven articles that define the basic framework of the federal government, with Article I describing the Congress, the legislative branch of the federal government. The Constitution sets out the manner of election and the qualifications of members of each body, with representatives needing to be at least 25 years old, be a citizen of the United States for seven years, and live in the state they represent. The Constitution has been amended several times, with members of the House and Senate proposing around 150 amendments during each two-year term of Congress. The process of amending the Constitution involves proposing amendments to the states for consideration, with the required number of states needed for ratification. The Supreme Court plays a crucial role in interpreting the Constitution, declaring acts of Congress as unconstitutional, and balancing its role with the other branches of government. The delegates at the Constitutional Convention, such as James Madison and George Washington, debated and shaped the requirements and powers of Congress, including the length of terms and compensation for senators.

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Qualifications to be a member of Congress

The Constitution gives each house of Congress the authority to be the final judge of the qualifications of its members. The qualifications for members of Congress are outlined in Article I, Section 2 of the Constitution.

To be a member of the House of Representatives, an individual must be at least 25 years old, a citizen of the United States for at least seven years, and live in the state they represent. The number of representatives per state is proportionate to the population. Each representative serves a two-year term, and the number of representatives with full voting rights is currently 435.

To be a member of the Senate, an individual must be at least 30 years old, have been a citizen of the United States for nine years, and be an inhabitant of the state they represent when elected. Senators are chosen in statewide elections, and the senatorial term is six years. Every two years, one-third of the Senate stands for election, which means that two-thirds of the senators always have some legislative experience at the national level.

State laws that have attempted to place additional requirements on candidacies for Congress, such as residency requirements or disqualification from office for certain convicted felons, have been deemed unconstitutional.

Length of terms for members of Congress

The length of terms for members of Congress has been a topic of debate and has undergone several changes throughout history. Initially, the Virginia Plan, which set the terms of debate for the Constitutional Convention, did not specify a term length for either house of Congress. Instead, it proposed that senators "hold their offices for a term sufficient to ensure their independence."

When deciding on term lengths, convention delegates considered the practices of state governments. While most states had one-year terms for both houses of their legislatures, five state constitutions had longer terms for upper house members. For example, South Carolina's senators served two-year terms, while senators in Delaware served three-year terms with one-third of the senate facing reelection each year.

The Articles of Confederation, adopted in 1781, established term limits for delegates of the Continental Congress, stating that "no person shall be capable of being a delegate for more than three years in any term of six years." This reflected concerns about the potential dangers to American freedom if members of Congress remained in office for too long.

In modern times, there have been ongoing discussions and proposals regarding term limits for members of Congress. Some scholars and politicians have argued for term limits to address concerns about members of Congress becoming out of touch with their constituents and to encourage generational diversity. However, others argue that term limits are unnecessary and that elections already serve as a form of accountability.

Currently, the Senate, as the upper house, has longer terms of six years for its members, while the House of Representatives, as the lower house, has fixed terms of two years for its members.

Process of amending the Constitution

The process of amending the US Constitution is a difficult and time-consuming task. The authority to amend the Constitution is derived from Article V of the Constitution. The Constitution has been amended only 27 times since it was drafted in 1787.

A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. The President does not have a constitutional role in the amendment process, so the joint resolution does not go to the White House for signature or approval. Instead, the original document is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format.

Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large and serves as official notice to the Congress and the Nation that the amendment process has been completed.

In recent history, the signing of the certification has become a ceremonial function attended by various dignitaries, including the President. For example, President Nixon witnessed the certification of the 26th Amendment.

It is important to note that none of the 27 amendments to the Constitution have been proposed by a constitutional convention. Another option to start the amendment process is for two-thirds of the state legislatures to request that Congress call a Constitutional Convention, but this has never happened.

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Congress's role in the Supreme Court

Article III of the U.S. Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of ten. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court.

Congress plays a significant role in the Supreme Court's operations, as the Constitution permits Congress to decide how to organize the Court. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to review a case. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year. The Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison in 1803.

The Supreme Court plays a crucial role in the constitutional system of government. It has the authority to strike down state laws found to be in violation of the Constitution and to determine when a Constitutional right is violated. The Court assumes the power to declare acts of Congress as unconstitutional but self-limits its passing on constitutional questions. In the eighty years following the Civil War until World War II, the Court voided congressional statutes in 77 cases, on average almost one per year.

Collectively, members of the House and Senate propose around 150 amendments during each two-year term of Congress. However, only a fraction of these amendments receive sufficient support to win Congressional approval and enter the constitutional ratification process. Six amendments approved by Congress and proposed to the states for consideration have not been ratified by the required number of states to become part of the Constitution.

Congress's power to elect the President

The Constitution of the United States established a balance of powers between the Congress and the President to prevent any single branch of government from gaining too much control. Congress, which consists of the Senate and the House of Representatives, is the central law-making body and has the power to pass laws, appropriate funds, and provide executive branch oversight. It can also override presidential vetoes.

The President, on the other hand, serves as the commander-in-chief of the military and can veto laws, appoint judges, and enter into treaties with the advice and consent of the Senate. The Senate's advice-and-consent power over treaties and its role in amending the Constitution indicate its importance in the nation's representative government.

While the Constitution grants Congress the power to pass laws, it does not explicitly give Congress the power to elect the President. However, Congress does have some influence over the election process through its legislative authority and its role in certifying the Electoral College votes.

The Electoral College is the body that directly elects the President, and it is made up of electors from each state. The number of electors each state has is equal to the combined total of its senators and representatives in Congress. So, in this way, Congress can indirectly influence the election by affecting the composition of the Electoral College.

Additionally, Congress plays a role in certifying the Electoral College votes. After the Electoral College casts its votes, the votes are sent to Congress, which officially counts and certifies the votes. This process gives Congress some oversight over the election results and allows it to address any potential irregularities or disputes.

In conclusion, while Congress does not directly elect the President, it does have some powers and responsibilities related to the presidential election process, including influencing the composition of the Electoral College and certifying the Electoral College votes.

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