Simone Lawson
The legislative branch of the US government, also known as Congress, is established by Article I of the US Constitution. Article I outlines the design of the legislative branch, including the separation of powers between the legislative, executive, and judicial branches, the election of Senators and Representatives, the lawmaking process, and the powers that Congress holds. The legislative branch consists of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the authority to enact legislation, declare war, confirm or reject Presidential appointments, and conduct investigations. The House of Representatives is composed of members chosen every second year by the people of the states, with each state having a number of representatives proportional to its population. The legislative branch, as established by the Constitution, ensures a system of checks and balances between the different branches of government and outlines specific areas in which Congress may legislate.
| Characteristics | Values |
|---|---|
| Legislative Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Elections | Senators and Representatives are elected by the people of their respective states |
| Age Requirements | Senators: 30 years or older; Representatives: 25 years or older |
| Citizenship Requirements | Senators and Representatives must be citizens of the United States for at least nine years and seven years respectively |
| Residence Requirements | Senators and Representatives must be inhabitants of the state for which they are chosen |
| Congressional Assembly | Congress shall assemble at least once a year, unless a different day is appointed by law |
| Quorum | A majority of each House shall constitute a quorum to do business |
| Rules and Procedures | Each House determines its own rules and procedures and can punish members for disorderly behavior |
| Bicameralism and Presentment | A bill must pass both Houses of Congress and be presented to the President for signature |
| Specific Authorities | Power to tax and spend, borrow money, regulate commerce, establish courts, declare war, raise and support armies, etc. |
| Checks and Balances | Congress can override a presidential veto with a two-thirds majority and can remove the president from office |
Explore related products
What You'll Learn
Separation of powers and checks and balances
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group has too much power.
The legislative branch is made up of Congress, which consists of the Senate and the House of Representatives. The legislative branch has various powers, including the power to tax and spend, to borrow money, to regulate interstate commerce, to establish courts, and to declare war.
The legislative branch also plays a role in the system of checks and balances. For example, Congress can confirm or reject the president's nominees for heads of federal agencies and high court appointees. Congress can also remove the president from office in exceptional circumstances. Similarly, the president can veto legislation created by Congress.
Each house of Congress can determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence. The Constitution does not grant Congress plenary legislative power but only certain enumerated powers. For example, the procedures for enacting legislation include special provisions for bills raising revenue, and the general requirements of bicameralism and presentment—the need for a bill to pass both houses of Congress and be presented to the president for signature.
Norway's Constitution: Is It Democratic?
You may want to see also
Election of Senators and Representatives
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. This branch is made up of Congress, which consists of the Senate and the House of Representatives.
The legislative branch is subject to the election of Senators and Representatives. The House of Representatives is composed of members chosen every second year by the people of the several states. Electors in each state must meet the qualifications required for electors of the most numerous branch of the state legislature.
To be a Representative, one must be at least twenty-five years old, have been a citizen of the United States for at least seven years, and be an inhabitant of the state in which one is chosen when elected. Representatives and direct taxes are apportioned among the several states included in the Union according to their respective numbers.
The Senate, on the other hand, has a different election process. The seats of Senators of the first class are vacated at the end of the second year, those of the second class at the end of the fourth year, and those of the third class at the end of the sixth year. This means that one-third of Senators are chosen every second year. In the case of vacancies due to resignation or other reasons during the recess of a state legislature, the executive may make temporary appointments until the next legislative meeting, which will fill the vacancies.
To be a Senator, one must be at least thirty years old, have been a citizen of the United States for at least nine years, and be an inhabitant of the state for which one is chosen when elected.
The Vice President of the United States is the President of the Senate but has no vote unless the votes are equally divided.
Each House is the judge of the elections, returns, and qualifications of its members, and a majority constitutes a quorum to do business. Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.
The times, places, and manner of holding elections for Senators and Representatives are prescribed in each state by the legislature, but Congress may at any time by law make or alter such regulations, except for the places of choosing Senators.
The Constitution: Solving Problems, Building Nations
You may want to see also
Process of lawmaking
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. It consists of a Senate and a House of Representatives, collectively known as Congress. The Legislative Vesting Clause, outlined in Section 1, grants all federal legislative powers to Congress. This includes the power to make laws, which is considered the supreme power in a state.
The lawmaking process is a key function of the Legislative Branch. It involves several steps and is subject to checks and balances to ensure careful consideration and prevent the concentration of power. Here is an overview of the process:
Proposal and Drafting
Legislation usually originates in the House of Representatives, where members introduce bills. Bills can also be proposed by the public, interest groups, or executive agencies, but only members of Congress can introduce them. Bills are first drafts of laws, which can be modified during the legislative process.
Committee Consideration
After introduction, the bill is referred to a committee for review. Committees are specialized groups within each house of Congress, focusing on specific areas like foreign relations or appropriations. The committee considers the bill's merits, holds hearings, evaluates public opinion, and may suggest amendments. This step is crucial for fine-tuning the bill and gathering expertise.
Floor Action
If the committee approves the bill, it proceeds to the full chamber of the House or Senate, known as the floor. Here, members debate the bill's merits, propose and vote on amendments, and ultimately vote to pass or reject the bill. A simple majority is typically required for passage.
Harmonization
If a bill passes in one chamber, it moves to the other chamber for consideration. The second chamber may approve it, reject it, or propose amendments. If amendments are made, the bill returns to the first chamber for approval of those changes. This back-and-forth ensures that both chambers agree on the final version.
Presidential Action
Once a bill passes both chambers, it is presented to the President for approval. The President can sign the bill into law, in which case it takes effect. Alternatively, the President may veto the bill, returning it to Congress with objections. Congress can override the veto with a two-thirds majority vote in both chambers, and the bill becomes law despite the President's objections.
The lawmaking process in the Legislative Branch involves collaboration and negotiation between the House of Representatives and the Senate, as well as engagement from the President. This process is designed to be deliberate and thorough, allowing for input from various stakeholders and experts. It reflects the constitutional foundation of checks and balances, ensuring that lawmaking is a carefully considered and balanced process in the U.S. government.
The Evolution of the US Constitution: Amendments and Change
You may want to see also
Explore related products
Powers of Congress
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. The Legislative Vesting Clause (Section 1) states that all federal legislative powers are vested in the Congress, which consists of a Senate and House of Representatives.
Congress has the power to make laws and to prescribe "general rules for the government of society". However, it is important to note that the Constitution only grants Congress certain enumerated powers, not plenary legislative power. These powers are outlined in Sections 7 and 8 of Article I.
Section 7 addresses the procedures for enacting legislation, including the need for a bill to pass both Houses of Congress and be presented to the President for signature. Section 8 enumerates Congress's specific legislative authorities, which include:
- The power to tax and spend
- To borrow money
- To regulate interstate commerce
- To establish uniform rules on naturalization and bankruptcy
- To coin money
- To punish counterfeiters
- To establish post offices
- To regulate intellectual property
- To constitute inferior tribunals to the Supreme Court
- To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations
- To declare war
- To raise and support armies (for a maximum of two years)
- To call forth the Militia to execute the laws of the Union, suppress insurrections, and repel invasions
- To organize, arm, and discipline the Militia
- To exercise exclusive legislation over a District not exceeding ten miles square
Congress also has the power to assemble at least once a year, judge the elections, returns, and qualifications of its members, determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence. Additionally, Congress can make or alter regulations regarding the times, places, and manner of holding elections for Senators and Representatives, except for the places of choosing Senators.
Unlocking SHD Constitution Hall in The Division 2
You may want to see also
Presidential approval and veto of bills
The legislative branch of the US government is made up of Congress, which consists of the Senate and the House of Representatives. The legislative branch is responsible for creating bills, which are proposals for new laws or changes to existing laws. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to the bill. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through the same process in the other body. Once both bodies accept a bill, they must work out any differences between the two versions. Once a bill passes both houses of Congress, it must be presented to the President for approval or veto.
The President can choose to approve a bill and sign it into law. However, if the President refuses to approve a bill, they can veto it. A presidential veto can be overridden if two-thirds of both houses of Congress agree to pass the bill, in which case it becomes a law. If a bill is not returned by the President within ten days (excluding Sundays) after being presented to them, it automatically becomes law unless Congress has adjourned, in which case it does not become law. This is known as a "pocket veto".
The legislative branch has the power to remove the President from office in exceptional circumstances and can also confirm or reject the President's nominees for heads of federal agencies, federal judges, and the Supreme Court. The legislative branch also has the power to declare war, raise and support armies, and provide for the organisation and governance of the militia.
Exploring the Constitution: Military Force at Home
You may want to see also
Frequently asked questions
The legislative branch is one of the three branches of the US government, the other two being the executive and judicial branches. The legislative branch is made up of Congress, which includes the Senate and House of Representatives.
Article I of the US Constitution establishes the Legislative Branch of the federal government. It outlines the separation of powers between the three branches of government, the election of Senators and Representatives, the process by which laws are made, and the powers that Congress has.
To be a Senator, one must be at least thirty years old, have been a citizen of the United States for nine years, and be an inhabitant of the state for which they are chosen. To be a Representative, one must be at least twenty-five years old, have been a US citizen for seven years, and be an inhabitant of the state in which they are chosen.
Congress has certain enumerated powers, including the power to tax and spend, to borrow money, to regulate interstate commerce, to establish uniform rules on naturalization and bankruptcy, to coin money, to punish counterfeiters, to establish post offices, to regulate intellectual property, to establish courts, to punish maritime crimes, to declare war, and to raise and support armies.
