2.1 The Structure and Powers of Congress

Congress, the legislative branch of the US government, is divided into two chambers: the House of Representatives and the Senate. This bicameral structure ensures balanced representation, with the House reflecting population size and the Senate giving equal voice to each state.

Congress wields significant powers, including lawmaking, budget control, and oversight of the executive branch. These responsibilities are crucial for maintaining checks and balances within the government, allowing Congress to shape policy and hold other branches accountable.

Congress: Bicameral Structure and Roles

House of Representatives and Senate Composition

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• United States Congress consists of two chambers established by Article I of the U.S. Constitution
  • House of Representatives with 435 voting members
  • Senate with 100 members
• House of Representatives representation based on state population
  • Members serve two-year terms
  • Must be at least 25 years old
  • U.S. citizen for at least seven years
  • Resident of the state they represent
• Senate representation includes two members from each state regardless of population
  • Senators serve six-year terms
  • Must be at least 30 years old
  • U.S. citizen for at least nine years
  • Resident of the state they represent

Leadership and Unique Powers

• House led by Speaker of the House elected by majority party
• Senate presided over by Vice President of the United States serving as President of the Senate
• House possesses unique powers
  • Ability to initiate revenue bills
  • Power to impeach federal officials
• Senate holds exclusive powers
  • Confirmation of presidential appointments
  • Ratification of treaties
• Both chambers must pass identical versions of a bill to become law
  • House generally focuses on domestic issues
  • Senate concentrates on foreign policy and judicial appointments

Congressional Powers: Lawmaking, Oversight, and Investigations

Enumerated and Implied Powers

• Article I, Section 8 of the Constitution outlines specific powers granted to Congress
  • Levy taxes
  • Borrow money
  • Regulate commerce (interstate and international trade)
  • Declare war
• Necessary and Proper Clause (Elastic Clause) provides implied powers
  • Allows Congress to implement enumerated powers effectively
  • Expands congressional authority to address unforeseen issues

Lawmaking and Budgetary Powers

• Congress creates laws through complex legislative process
  • Committee work (drafting and amending bills)
  • Floor debates
  • Reconciliation between both chambers
• Power of the purse grants control over federal spending
  • Authority to appropriate funds
  • Setting the federal budget
  • Influencing policy through spending decisions

Oversight and Investigative Functions

• Congressional oversight monitors executive branch activities
  • Federal agencies (Department of Defense, Environmental Protection Agency)
  • Government programs (Social Security, Medicare)
• Investigative powers allow Congress to gather information
  • Conduct hearings (public and closed-door sessions)
  • Subpoena witnesses and documents
  • Form special committees (Watergate Committee, 9/11 Commission)

Additional Constitutional Responsibilities

• Propose constitutional amendments
  • Requires two-thirds majority in both chambers
• Admit new states to the Union (Hawaii and Alaska, most recent additions in 1959)
• Establish inferior federal courts (district courts, courts of appeals)

Checks and Balances: Congress vs Other Branches

Congressional Checks on Executive Branch

• Override presidential vetoes with two-thirds majority in both chambers
• Control the budget
  • Limit funding for executive initiatives
  • Attach policy riders to appropriations bills
• Impeachment and removal of federal officials
  • House impeaches, Senate conducts trial
• Confirmation of presidential appointments (Cabinet members, federal judges)
• War Powers Resolution limits president's ability to deploy armed forces without congressional approval

Congressional Checks on Judicial Branch

• Confirm federal judges
  • Supreme Court justices
  • Lower court judges
• Alter size and jurisdiction of federal courts
  • Judiciary Act of 1789 established initial court structure
• Propose constitutional amendments to overturn Supreme Court decisions
  • 11th Amendment (response to Chisholm v. Georgia)
  • 16th Amendment (response to Pollock v. Farmers' Loan & Trust Co.)

Executive and Judicial Checks on Congress

• Presidential veto power
  • Forces Congress to reconsider legislation
• Executive ability to call special sessions of Congress
• Presidential power to recommend legislation (State of the Union address)
• Judicial review allows courts to declare laws unconstitutional
  • Established in Marbury v. Madison (1803)
  • Examples: striking down portions of the Affordable Care Act, campaign finance laws

Effectiveness of Congress: Exercising Powers and Responsibilities

Factors Influencing Congressional Effectiveness

• Party polarization impacts ability to reach consensus
  • Increased ideological divide between Democrats and Republicans
  • Reduced bipartisan cooperation on major legislation
• Influence of special interest groups
  • Lobbying efforts (financial services, healthcare, technology sectors)
  • Campaign contributions shaping policy priorities
• Media coverage affects public perception
  • 24-hour news cycle highlighting conflicts
  • Social media amplifying partisan rhetoric

Institutional Challenges and Reforms

• Senate filibuster requires 60-vote supermajority to end debate
  • Can significantly delay or block legislation
  • Debates over filibuster reform (nuclear option for judicial nominations)
• Congressional gridlock often results from divided government
  • Different parties controlling House, Senate, and presidency
• Increasing use of executive orders and agency rulemaking
  • Raises questions about congressional abdication of legislative responsibilities
• Role of congressional leadership in setting agenda
  • Majority and minority leaders
  • Committee chairs and ranking members

Public Perception and Democratic Legitimacy

• Historically low public approval ratings for Congress
  • Gallup polls showing approval often below 30%
• Impact on ability to represent constituent interests
  • Challenges in addressing national issues (healthcare, immigration, climate change)
• Efforts to improve transparency and accountability
  • C-SPAN coverage of floor proceedings
  • Online access to voting records and committee hearings