7.1 The Institutional Design of Congress

Congress is structured as a bicameral legislature with the Senate and House of Representatives. Each chamber has unique responsibilities and leadership roles, designed to balance power and representation among states.

The committee system is crucial for Congress's legislative process. Standing, select, and joint committees specialize in policy areas, shaping bills before they reach the full chamber for a vote. Constitutional provisions and amendments further define Congress's powers and structure.

Congress: Bicameral Structure and Powers

Senate Composition and Responsibilities

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• The Senate is composed of 100 members, with two Senators representing each state regardless of population (Wyoming, California)
• Senators serve six-year terms, with one-third of the Senate up for election every two years
• The Senate has the exclusive power to ratify treaties, confirm presidential appointments (Cabinet members, Supreme Court Justices), and try impeachment cases

House of Representatives Composition and Responsibilities

• The House of Representatives consists of 435 members apportioned among the states based on population (California has 52 representatives, while Wyoming has 1)
• Representatives serve two-year terms, with all seats up for election every two years
• The House has the sole power to initiate revenue bills (tax legislation) and impeachment proceedings
• Both chambers must pass identical versions of a bill before it can be sent to the President for approval or veto

Congressional Leadership: Roles and Responsibilities

House Leadership Positions

• The Speaker of the House, elected by the majority party, presides over the House, sets the legislative agenda, and acts as a spokesperson for the majority party
• The House Majority Leader and Minority Leader are responsible for managing their respective party's legislative strategies and coordinating party activities
• Party whips in the House are responsible for mobilizing party members to support their party's positions and ensuring party discipline during votes

Senate Leadership Positions

• The Senate Majority Leader and Minority Leader serve similar roles in the Senate, managing their party's legislative agenda and acting as spokespersons for their parties
• The Senate President Pro Tempore, typically the most senior member of the majority party, presides over the Senate in the absence of the Vice President and is third in the line of succession for the presidency
• Senate party whips fulfill similar duties as their House counterparts, ensuring party unity and discipline during votes

The Committee System and Legislation

Types of Congressional Committees

• Standing committees are permanent committees focused on specific policy areas (Agriculture, Armed Services, Judiciary)
• Select committees are temporary committees created for a specific purpose (Select Committee on the January 6 Attack)
• Joint committees are composed of members from both chambers (Joint Economic Committee)

Committee Roles and Responsibilities

• Congressional committees are specialized groups of legislators responsible for considering, amending, and reporting bills within their jurisdiction before they reach the full chamber for a vote
• Committee chairs, typically senior members of the majority party, have significant influence over the committee's agenda, hearings, and legislative priorities
• The committee system allows for specialization and division of labor, as members can develop expertise in specific policy areas and focus on legislation related to their committee assignments

Committee Impact on Legislative Process

• Committees hold hearings to gather information, consider amendments, and mark up bills before reporting them to the full chamber, playing a crucial role in shaping legislation
• Committees serve as gatekeepers, determining which bills will advance to the floor for consideration by the full chamber
• The committee process allows for more detailed examination and debate of legislation compared to the limited time available for discussion on the House or Senate floor

Constitutional Design of Congress

Powers and Responsibilities Outlined in the Constitution

• Article I of the U.S. Constitution establishes the legislative branch and outlines the powers and responsibilities of Congress
• The Constitution grants Congress the power to make laws, declare war, levy taxes, regulate commerce (interstate and foreign), coin money, and other enumerated powers under Article I, Section 8

Checks and Balances on Congressional Power

• The Constitution places limits on congressional power through the system of checks and balances
• The President has the power to veto legislation passed by Congress, although Congress can override a veto with a two-thirds majority in both chambers
• The judiciary has the authority to review the constitutionality of laws passed by Congress and strike down those found to be unconstitutional

Constitutional Requirements for Congressional Membership

• The Constitution requires that members of Congress be elected directly by the people, with Senators originally chosen by state legislatures until the adoption of the 17th Amendment in 1913
• The Constitution sets qualifications for members of Congress, such as a minimum age of 25 for Representatives and 30 for Senators, and a requirement that members be residents of the state they represent

Constitutional Amendments Affecting Congress

• Amendments to the Constitution have further shaped the design and function of Congress
• The 20th Amendment changed the start date of congressional terms to January 3, eliminating extended lame-duck sessions
• The 27th Amendment regulated congressional pay raises, requiring that any salary increases take effect only after the next election for the House of Representatives