Simone Lawson
The Constitution of the United States establishes the legislative branch of the federal government, the United States Congress, which consists of the House of Representatives and the Senate. Article I of the Constitution grants Congress the authority to enact legislation and outlines the powers of both the House and the Senate. The Constitution also establishes the procedures for passing a bill and places limits on the powers of Congress and the states.
| Characteristics | Values |
|---|---|
| Number of senators | 2 from each state |
| Election of senators | By state legislatures until the Seventeenth Amendment in 1913; since then, by popular vote |
| Term of senators | Six years |
| Age of senators | 30 years or above |
| Citizenship of senators | US citizens for at least nine years |
| Residence of senators | Resident of the state they represent |
| Leadership of the Senate | Vice President of the United States |
| Leadership of the House | Speaker of the House |
| Number of voting representatives in the House | 435 |
| Term of representatives | Two years |
| Powers of the House | Initiate revenue bills, impeach federal officials, elect the President in the case of an electoral college tie |
| Powers of the Senate | Confirm presidential appointments, ratify treaties, try impeachments |
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What You'll Learn
House of Representatives and the Senate makeup
The United States Congress is made up of the House of Representatives and the Senate, established by Article I of the Constitution. The Constitution grants Congress the authority to enact legislation and declare war, confirm or reject Presidential appointments, and exercise investigative powers.
The House of Representatives is made up of 435 elected members, with each state receiving representation proportional to their total population. There are also 6 non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories. Representatives are elected to two-year terms and introduce bills, offer amendments, and serve on committees. The presiding officer of the House is the Speaker of the House, who is elected by the Representatives.
The Senate, on the other hand, is composed of 100 Senators, with each state having two Senators. Senators are elected to six-year terms, with staggered elections so that approximately one-third of the Senate is up for reelection every two years. Senators must meet certain qualifications, including being 30 years of age, a US citizen for at least nine years, and a resident of the state they represent. The Vice President of the United States serves as the President of the Senate and can cast a decisive vote in the event of a tie.
The House and the Senate have distinct procedures and powers. The House has the exclusive power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The Senate, meanwhile, has the power to confirm Presidential appointments and ratify treaties with a two-thirds vote. Senators can engage in unlimited debate and use the filibuster to delay votes on bills. A supermajority of 60 Senators can, however, invoke cloture to end a filibuster and force a vote.
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Powers of the House and Senate
The United States Congress, established by Article I of the US Constitution, 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 substantial investigative powers.
Powers of the House
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. There are also 6 non-voting members, representing the District of Columbia, Puerto Rico, and four other US territories. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives. The House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The House leadership includes the speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference.
Powers of the Senate
The Senate is composed of 100 Senators, 2 from each state, elected to six-year terms by the people of each state. Senators must be 30 years of age, US citizens for at least nine years, and residents of the state they represent. The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a tie. The Senate has the sole power to confirm the President's appointments, approve treaties, and try impeachments. The Senate is governed by the Constitution, a set of standing rules, precedents, and special rules of procedure.
Both houses of Congress must pass a bill for it to become law, and the President has the power to veto this bill. However, Congress may override a veto with a two-thirds vote in both the Senate and the House of Representatives.
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Procedures for passing a bill
The United States Congress, which consists of the House of Representatives and the Senate, is the law-making branch of the federal government. The Constitution grants Congress the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and substantial investigative powers.
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, and voting.
Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president then has the option to approve the bill and sign it into law, or refuse to approve it, which is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto, and cannot be overridden by Congress.
It is important to note that the House has several powers assigned exclusively to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The Senate, on the other hand, has the sole power to confirm the President's appointments that require consent and to ratify treaties.
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Vacancy procedures
The US Constitution treats vacancies in the House and the Senate differently. Vacancies in the House of Representatives can be caused by death, resignation, declination, withdrawal, or House action. The Constitution requires that these vacancies be filled by election. All states, territories, and districts require special elections to fill any vacant House seats during the first session of a Congress. However, procedures can vary during the second session of a Congress, depending on the time between the vacancy and the next general election.
The Seventeenth Amendment's Senate Vacancy Clause requires an affected state's Executive Authority to issue a writ of election to fill a vacancy. The Seventeenth Amendment also empowers states to allow the Executive Authority to fill Senate vacancies temporarily pending an election. In 36 states, vacancies are temporarily filled by gubernatorial appointment, after which a special election is held coinciding with the next regularly scheduled election to replace the appointee. The appointed person must belong to the same political party as the senator who vacated the seat. The remaining 14 states require a special election to be held within a specified period to fill the vacancy. Of these, eight allow for an interim gubernatorial appointment.
Historically, the House has also had to deal with the question of whether member resignations triggered the Vacancy Clause. In 1791, when Rep. William Pinkney of Maryland resigned from Congress, the State of Maryland sought to replace him with John Francis Mercer. The House Committee on Elections supported Mercer taking the seat, but Rep. William Giles of Virginia objected on the grounds that "a resignation [does] not constitute a vacancy". Ultimately, the House found that Mercer could replace Pinkney, and subsequent member resignations and replacements have not faced serious challenges.
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Impeachment procedures
The Constitution gives the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The power of impeachment can both remove someone from office and, should Congress vote to do so, also disqualify an impeached individual from holding future office.
At the federal level, the impeachment process is typically a three-step procedure. The first phase is an impeachment inquiry, which is not a required stage. The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate. First, the House investigates through an impeachment inquiry. Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Third, the Senate tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution does not specify who should preside, suggesting that this role falls to the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States. The Senate has the right to call witnesses, and each side has the right to perform cross-examinations. The House members, who are given the collective title of managers during the trial, present the prosecution case, and the impeached official has the right to mount a defence with their own attorneys. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached. The Senate enters judgment on its decision, and a copy of the judgment is filed with the Secretary of State. Upon conviction in the Senate, the official is automatically removed from office and may, by a separate vote, also be barred from holding future office.
The impeachment power also had a toehold in Revolutionary-era America. Prior to the ratification of the U.S. Constitution in 1788, individual states had provided for impeachment in cases of “maladministration” or “corruption.” During the Constitutional Convention, the Founders—fearing the potential for abuse of executive power—considered impeachment so important that they included it in Article I of the Constitution even before they defined the contours of the presidency in Article II. During the Convention, the Framers addressed many aspects of impeachment, including the venue and process for impeachment trials, what actions warranted impeachment, and the likelihood of conviction.
The first impeachment trial—that of Senator William Blount of Tennessee—established the principle that Members of Congress and Senators were not “Civil Officers” under the Constitution, and accordingly, they could only be removed from office by a two-thirds vote for expulsion by their respective chambers. Blount was not convicted by the Senate, but the Senate did expel him.
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Frequently asked questions
The US Congress is the legislative branch of the federal government, established by Article I of the Constitution. It consists of the House of Representatives and the Senate.
The House of Representatives has several exclusive powers, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The number of voting representatives in the House is fixed by law at no more than 435, proportionally representing the population of the 50 states. On the other hand, the Senate has 100 members, with each state having two senators. Senators are elected to six-year terms, and Senate elections are staggered so that about one-third of the Senate is up for reelection every two years.
The Constitution grants Congress the sole authority to enact legislation and declare war, confirm or reject Presidential appointments, and substantial investigative powers. Congress is also empowered to enact laws deemed necessary and proper for the execution of the powers given to any part of the government under the Constitution. Additionally, Congress has the power to override a Presidential veto with a two-thirds vote in both the Senate and the House.
The Senate has the sole power to try impeachments and confirm Presidential appointments that require consent. It also has the power to ratify treaties made by the executive branch with a two-thirds vote.
For a bill to become a law, it must pass both houses of Congress and be signed by the President. Each house has its own procedures for debating and passing bills. In the Senate, debate on most bills is unlimited, and senators can use a filibuster to delay a vote. A supermajority of 60 senators can, however, invoke cloture to end a debate and force a vote. In the House, members have a limited time to speak, and the number and kind of amendments are usually restricted.
