Congress And Constitution: What's The Difference?

The Constitution of the United States of America is a historical document that outlines the country's fundamental laws and principles. It establishes a framework for the US government, including the role and responsibilities of Congress, which is the legislative branch of the federal government. The Constitution and Congress are not the same, but they are closely intertwined as the Constitution defines the powers and structure of Congress, and Congress operates within the boundaries set by the Constitution. The Constitution outlines the legislative powers granted to Congress, such as the power to declare war, raise armies, and make laws. It also establishes certain restrictions, such as the protection of free speech and the prohibition on establishing an official religion.

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The US Constitution outlines the role of Congress

The Constitution also defines the composition of Congress, including the requirements for becoming a member of the Senate or the House of Representatives. It mandates that senators be at least thirty years old, citizens of the United States for nine years, and inhabitants of the state they represent. The House of Representatives, on the other hand, is composed of members chosen every second year by the people of the several states.

Additionally, the Constitution outlines the compensation for senators and representatives, which is to be ascertained by law and paid out of the US Treasury. It also establishes the idea of the Senate as a "continuing body," with rotating terms and a portion of its members carrying over from one Congress to the next. This is in contrast to the House of Representatives, where the entire membership is elected every two years.

The Constitution also grants Congress the power to promote the progress of science and useful arts by securing exclusive rights for authors and inventors for a limited time. It further empowers Congress to constitute tribunals inferior to the Supreme Court and to define and punish felonies committed on the high seas and offences against the law of nations.

Overall, the US Constitution provides a framework for the role and functioning of Congress, outlining its legislative powers, composition, procedures, and specific authorities.

Congress consists of a Senate and House of Representatives

The United States Congress is the legislative branch of the federal government of the United States. Congress consists of a Senate and a House of Representatives. It is a bicameral legislature, including a lower body, the U.S. House of Representatives, and an upper body, the U.S. Senate. The two bodies meet in the United States Capitol in Washington, D.C. Members of Congress are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment.

The Senate and the House of Representatives have different systems for representation and election. Each state is represented by two senators, with a total of 100 senators serving in the U.S. Senate. The U.S. territories and the District of Columbia are not represented in the Senate. To be elected to the U.S. Senate, a person must be at least 30 years old, a citizen of the United States for nine years or more, and a resident of the state that they represent. Senators are elected for six-year terms, and every two years, one-third of the Senate is up for re-election.

On the other hand, the House of Representatives provides local representation to the federal government of a congressional district. The number of representatives varies depending on demographic changes recorded by the census, and the House currently has 435 representatives with 6 additional non-voting members. Members of the House of Representatives are elected for the two-year term of a Congress, and elections are held every even-numbered year.

Congress has a total of 535 voting members, including 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. Congress convenes for a two-year term, commencing every other January.

Congress meets annually, with each House determining its own rules

The House of Representatives, often referred to as Congress, is comprised of elected representatives serving two-year terms. These representatives carry out a broad scope of work, including introducing bills and resolutions, offering amendments, and serving on committees. The House leadership includes the speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference.

The Committee of the Whole House is a committee in which all representatives serve, meeting in the House Chamber to consider measures from the Union calendar. The House will sometimes form a special or select committee for a specific purpose, such as an investigation. All standing committee and subcommittee meetings are open to the public unless a majority vote determines that a meeting should be closed.

The legislative process in Congress involves hearings, followed by a "markup" session where the subcommittee considers the bill in detail. The bill then proceeds to the full committee and, if reported favorably, to the House, where it may be amended. Senate committees give the bill further consideration, and if amendments are made, the bill returns to the House. The enactment of a law requires both chambers to agree to the same bill before presenting it to the President. While Congress drives legislative ideas and action, the President can influence the process through budget recommendations, suggested legislation, and veto power.

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Congress can declare war, raise armies, and support the militia

The US Constitution and Congress are not the same. The US Constitution is a document that outlines the powers and structure of the US government, while Congress is one of the two chambers of the US legislature, the other being the Senate.

Congress is granted certain powers by the US Constitution, including the ability to declare war, raise armies, and support the militia. These powers are outlined in Article I, Section 8 of the Constitution, which states that Congress shall have the power:

> ""[To] declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the Militia..."

The Framers of the Constitution gave these powers to Congress as a way to check the President's ability to wage war as commander-in-chief of the military. By vesting Congress with the power to declare war and raise armies, the Framers intended to ensure that the executive branch did not have excessive control over the country's military forces.

Throughout American history, there have been conflicts between Congress and the President over the interpretation and scope of their respective war powers. For example, in 1973, Congress enacted the War Powers Resolution (WPR) to limit the President's ability to commit US armed forces to conflicts without congressional approval. However, this has proven challenging in practice, as the President has significant influence as commander-in-chief and is responsible for leading the armed forces, especially in response to urgent or unexpected threats.

In conclusion, while the US Constitution and Congress are distinct, Congress plays a crucial role in the nation's war-making powers as outlined in the Constitution. The power to declare war, raise armies, and support the militia is vested in Congress to provide a check on the President's authority as commander-in-chief and to ensure that the decision to go to war is subject to legislative debate and approval.

Congress members are compensated for their services

The US Constitution outlines the fundamental rules governing the United States of America. It includes the Bill of Rights, which are the first ten amendments, and several other amendments made since its ratification. Congress, on the other hand, is the legislative branch of the US government, consisting of the Senate and the House of Representatives.

> "The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States."

This clause ensures that members of Congress are compensated for their work and that their pay is determined by congressional legislation. The Framers of the Constitution decided that paying members of Congress from the US Treasury would reflect the idea that they work for the nation as a whole and should be compensated accordingly. This decision aimed to prevent members of Congress from being unduly influenced by specific states or constituents who might compensate them otherwise. Justice Joseph Story supported this view, stating:

> "If it be proper to allow a compensation for services to the members of congress, there seems the utmost propriety in its being paid out of the public treasury of the United States. The labor is for the benefit of the nation, and it should properly be remunerated by the nation."

Furthermore, concerns about state frugality in compensating Congress members influenced the Framers' decision. George Mason of Virginia commented during the Constitutional Convention:

> " [T]he parsimony of the States might reduce the provision so low that... the question would be not who were most fit to be chosen, but who were most willing to serve."

From the founding of the nation until 1967, Congress passed legislation to set its rates of pay. In 1967, Congress established a quadrennial commission to propose salary levels for top government officials, including members of Congress.

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