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The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. The legislative branch, established by Article I of the Constitution, consists of the House of Representatives and the Senate, which together form the United States Congress. Congress is responsible for making laws, declaring war, regulating commerce, and controlling taxing and spending policies. It also has the power to confirm or reject presidential appointments and possesses substantial investigative powers. Each chamber of Congress has the constitutional authority to make its own rules, leading to differences in how the House and Senate process legislation.
| Characteristics | Values |
|---|---|
| Composition | The legislative branch is made up of the House of Representatives and the Senate, known collectively as the Congress. |
| Powers | The legislative branch makes all laws, declares war, regulates interstate and foreign commerce, controls taxing and spending policies, and has investigative powers. |
| Legislative Process | Each chamber has the constitutional authority to make its own rules, and so the House and Senate have developed different ways of processing legislation. |
| Congressional Action | Congressional action is typically planned and coordinated by party leaders in each chamber. |
| Committees | Much of the policy expertise in the chambers resides in standing committees, which are panels of members from both parties that lead in developing and assessing legislation. |
| Oversight | Once a law is enacted, Congress provides oversight of policy implementation. |
| Elections | 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. |
| Senate | The Senate consists of 100 Senators, with each state electing two. Senators serve 6-year terms, with one-third of the chamber up for election in any given cycle. |
| House of Representatives | Members of the House of Representatives are elected every two years. |
| Veto | Congress may override a presidential veto with a two-thirds vote in both chambers. |
| Vice President | The Vice President of the United States is the President of the Senate but has no vote unless the Senate is equally divided. |
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What You'll Learn
The legislative branch is made up of the House of Representatives and the Senate
The legislative branch, established by Article I of the US Constitution, is made up of the House of Representatives and the Senate, which together form the United States Congress. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.
The House of Representatives is made up of 435 elected members, divided among the 50 states in proportion to their total population. In addition, there are 6 non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories. The presiding officer of the chamber is the Speaker of the House, elected by the Representatives. Members of the House are chosen every second year by the people of the several states, and must be at least 25 years old and have been citizens of the United States for at least seven years.
The Senate, meanwhile, consists of two Senators from each state, serving 6-year terms that overlap so that only one-third of the chamber is up for election in any given cycle. Senators must be at least 30 years old and have been citizens of the United States for at least nine years. The Vice President of the United States is the President of the Senate, but they do not have a vote unless the Senate is equally divided.
Both chambers of Congress have extensive investigative powers, and may compel the production of evidence or testimony toward whatever end they deem necessary. Congressional action is typically planned and coordinated by party leaders in each chamber, who have been chosen by members of their own caucus or conference. The majority party leaders in the House have important powers and prerogatives to set the policy agenda and decide which proposals will receive floor consideration.
The legislative branch makes all laws, declares war, regulates interstate and foreign commerce, and controls taxing and spending policies. Congress levies taxes and tariffs to provide funding for essential government services, and may also authorize borrowing if it cannot raise enough money to fund the government. Congress can also mandate spending on specific items, commonly known as "earmarks", which specify funds for a particular project rather than a government agency.
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Congress has the power to make laws
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch, also known as Congress, consists of the Senate and the House of Representatives.
Congress also has the power to levy taxes and tariffs to fund essential government services, and to authorize borrowing if tax revenue falls short. It can mandate spending on specific items, a practice known as "earmarks." Both chambers of Congress have extensive investigative powers, and they can compel the production of evidence or testimony as needed.
While Congress has the sole authority to make laws, the President does have some influence in the legislative process. The President can recommend an annual budget for federal agencies and suggest legislation. The President also has the power to veto legislation, which can significantly affect the content of bills passed by Congress. If Congress is in session and the President takes no action on a bill within 10 days, the bill becomes law. However, if Congress adjourns before the 10 days are up and the President takes no action, the bill dies, and Congress must start the legislative process anew if it still wants to pass the bill.
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Congress can declare war
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch is made up of the House of Representatives and the Senate, collectively known as Congress.
Congress has the power to declare war. This is known as the Declare War Clause. However, the interpretation of this clause is not straightforward and has been the subject of much debate and controversy.
Firstly, it is important to note that while Congress has the power to declare war, the President is the Commander-in-Chief of the United States armed forces and is generally the nation's voice in foreign affairs. This has led to some ambiguity regarding the scope of Congress's power to declare war.
Secondly, there have been very few judicial decisions interpreting the Declare War Clause, which makes the law surrounding it uncertain. The Supreme Court has, on occasion, upheld certain presidential actions as defensive measures, but the authority for these actions has been attributed to a combination of Article II powers and specific statutes passed by Congress.
Thirdly, the deployment of troops as peacekeepers or involvement in low-level hostilities may not always require Congress's approval, as it may not rise to the level of war in the constitutional sense. For example, President Obama argued that U.S. participation in the 2011 bombing campaign in Libya did not require Congressional authorization as it did not constitute a formal declaration of war.
Finally, while Congress has the explicit power to declare war, it can also authorize the use of force in a more informal manner. For instance, after the September 11, 2001 attacks, Congress authorized the President to use force against those responsible, as well as those who supported or assisted them. This authorization was not a formal declaration of war but still fell within the scope of Congress's powers.
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Congress can remove the president from office
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. This ensures that no individual or group will have too much power. The legislative branch is made up of the House of Representatives and the Senate, known collectively as Congress.
The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors. The grounds for impeachment are limited to "treason, bribery, or other high crimes and misdemeanors", although the Constitution does not define what constitutes a "high crime" or "misdemeanor".
Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of charges under oath or by asking for a referral to the appropriate committee. In the case of presidential impeachment, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the presiding officer is typically the vice president of the United States.
Conviction in the Senate results in removal from office and, by a separate vote, disqualification from holding any federal office in the future. This requires a two-thirds supermajority for conviction and a simple majority for disqualification. The president may not grant a pardon in an impeachment case, but may do so in any resulting federal criminal case.
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Congress can override a presidential veto
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power.
The legislative branch, also known as Congress, is made up of the House of Representatives and the Senate. It is responsible for making all laws, declaring war, regulating interstate and foreign commerce, and controlling taxing and spending policies.
Congress creates and passes bills, but the president has the authority to approve or veto them. The president's veto power is not absolute, however, as Congress can override it with a supermajority or two-thirds vote in both the House of Representatives and the Senate. This process, known as a veto override, demonstrates Congress's ability to collectively assert its will, even against the president's disapproval.
While Congress has the authority to override a presidential veto, it is important to note that this power is not frequently exercised. This act of overriding a veto serves as a reminder that while the president holds significant power, Congress ultimately holds the legislative power to enact laws reflecting the will of the people.
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Frequently asked questions
The legislative branch is one of the three branches of the US government, alongside the executive and judicial branches. It is also known as the US Congress and consists of the Senate and the House of Representatives.
The legislative branch has the power to make laws, declare war, regulate interstate and foreign commerce, and control taxing and spending policies. It also has investigative powers and can confirm or reject presidential appointments.
Both the Senate and the House of Representatives must pass a bill before it goes to the President for consideration. The President can then choose to veto the bill or sign it into law. If the President does not take action, the bill may become law or die, depending on whether Congress is in session.
