The United States Congress is the bicameral legislature of the federal government of the United States consisting of two houses: the Senate and the House of Representatives. The Congress meets in the Capitol in Washington, D.C. Both representatives and senators are chosen through direct election, though vacancies in the Senate may be filled by a gubernatorial appointment. Members are affiliated to the Republican Party or to the Democratic Party, and only rarely to a third-party or as independents. Congress has 535 voting members: 435 Representatives and 100 Senators. The members of the House of Representatives serve two-year terms representing the people of a district. Congressional districts are apportioned to states by population using the United States Census results, provided that each state has at least one congressional representative. Each state, regardless of population or size, has two senators. Currently, there are 100 senators representing the 50 states. Each senator serves a six-year term, with terms staggered, so every two years approximately one-third of the Senate is up for election. Speaker of the House of Representatives John Boehner (R) since January 5, 2011 Overview[edit] Article I of the Constitution states all legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives. The House and Senate are equal partners in the legislative process—legislation cannot be enacted without the consent of both chambers. However, the Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments while the House initiates revenue-raising bills. The House initiates impeachment cases, while the Senate decides impeachment cases.[1] A two-thirds vote of the Senate is required before an impeached person can be forcibly removed from office.[1] In 1868, this committee of representatives prosecuted president Andrew Johnson in his impeachment trial, but the Senate did not convict him. The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 113th Congress, began on January 3, 2013, and would end on January 3, 2015. The Congress starts and ends on each third day of January by every two years of the odd number. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, congressmen, or congresswomen. Scholar and representative Lee H. Hamilton asserted that the historic mission of Congress has been to maintain freedom and insisted it was a driving force in American government[2] and a remarkably resilient institution.[3] Congress is the heart and soul of our democracy, according to this view,[4] even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices; one wrote that legislators remain ghosts in Americas historical imagination.[4] One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and is extraordinarily sensitive to public pressure.[4] Several academics described Congress: Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the governments most representative body ... Congress is essentially charged with reconciling our many points of view on the great public policy issues of the day. —Smith, Roberts, and Wielen[2] Congress is constantly changing and is constantly in flux.[5] In recent times, the American south and west have gained House seats according to demographic changes recorded by the census and includes more minorities and women although both groups are still underrepresented, according to one view.[5] While power balances among the different parts of government continue to change, the internal structure of Congress is important to understand along with its interactions with so-called intermediary institutions such as political parties, civic associations, interest groups, and the mass media.[4] The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and a states at-large representation to the federal government by senators. Most incumbents seek re-election, and their historical likelihood of winning subsequent elections exceeds 90 percent.[6] The historical records of the House of Representatives and the Senate are maintained by the Center for Legislative Archives, which is a part of the National Archives and Records Administration.[7] Congress is directly responsible for the governing of the District of Columbia, the current seat of the federal government. The contemporary era (1970s–today)[edit] Historical graph of party control of the Senate, House, and Presidency.[39] Since 1980, the Democrats have held the Presidency for four terms, but because of the Senate filibuster, have only been able to freely legislate in two years. The Republicans have been similarly disabled. Congress enacted Johnsons Great Society program to fight poverty and hunger. The Watergate Scandal had a powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal substantially reshaped relations between the branches of government, suggested political scientist Bruce J. Schulman.[40] Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as the Board of Education.[4] Congress began reasserting its authority.[28][41] Lobbying became a big factor despite the 1971 Federal Election Campaign Act. Political action committees or PACs could make substantive donations to congressional candidates via such means as soft money contributions.[42] While soft money funds were not given to specific campaigns for candidates, the monies often benefited candidates substantially in an indirect way and helped reelect candidates.[42] Reforms such as the 2002 McCain-Feingold act limited campaign donations but did not limit soft money contributions.[43] One source suggests post-Watergate laws amended in 1974 meant to reduce the influence of wealthy contributors and end payoffs instead legitimized PACs since they enabled individuals to band together in support of candidates.[44] From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $12.5 million to $120 million[44][45][46] along with concern over PAC influence in Congress.[47][48] In 2009, there were 4,600 business, labor and special-interest PACs[49] including ones for lawyers, electricians, and real estate brokers.[50] From 2007 to 2008, 175 members of Congress received half or more of their campaign cash from PACs.[49][51][52] In the late 20th century, the media became more important in Congresss work.[53] Analyst Michael Schudson suggested that greater publicity undermined the power of political parties and caused more roads to open up in Congress for individual representatives to influence decisions.[53] Norman Ornstein suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as the tabloidization of media coverage.[5] Others saw pressure to squeeze a political position into a thirty-second soundbite.[54] A report characterized Congress in 2013 as being unproductive, gridlocked, and setting records for futility.[55] In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would fire every member of Congress including their own representative.[56] One report suggested Congress posed the biggest risk to the US economy because of its brinksmanship, down-to-the-wire budget and debt crises and indiscriminate spending cuts, resulting in slowed economic activity and keeping up to two million people unemployed.[57] There has been increasing public dissatisfaction with Congress,[58] with extremely low approval ratings[59][60] which dropped to 5% in October 2013.[61] Overview of congressional power[edit] Congresss power of the purse authorizes taxing citizens, spending money, and printing currency. Article I of the Constitution sets forth most of the powers of Congress, which include numerous explicit powers enumerated in Section 8. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from the Constitutions Necessary and Proper Clause. Congress has authority over financial and budgetary policy through the enumerated power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States. There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congresss power to manage the budget has been lost when the welfare state expanded since entitlements were institutionally detached from Congresss ordinary legislative routine and rhythm.[21] Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary.[21] The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes.[62] The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congresss primary checks on the executive branch.[62] Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money.[63] Generally, both the Senate and the House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills.[1] Congress has an important role in national defense, including the exclusive power to declare war, to raise and maintain the armed forces, and to make rules for the military.[64] Some critics charge that the executive branch has usurped Congresss constitutionally defined task of declaring war.[65] While historically presidents initiated the process for going to war, they asked for and received formal war declarations from Congress for the War of 1812, the Mexican–American War, the Spanish–American War, World War I, and World War II,[66] although President Theodore Roosevelts military move into Panama in 1903 did not get congressional approval.[66] In the early days after the North Korean invasion of 1950, President Truman described the American response as a police action.[67] According to Time magazine in 1970, U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times.[66] In 1993, Michael Kinsley wrote that Congresss war power has become the most flagrantly disregarded provision in the Constitution, and that the real erosion [of Congresss war power] began after World War II.[68][69][70] Disagreement about the extent of congressional versus presidential power regarding war has been present periodically throughout the nations history.[71] Congress can establish post offices and post roads, issue patents and copyrights, fix standards of weights and measures, establish Courts inferior to the Supreme Court, and make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Article Four gives Congress the power to admit new states into the Union. Congress oversees other government branches, for example, the Senate Watergate Committee, investigating President Nixon and Watergate, in 1973–74. One of Congresss foremost non-legislative functions is the power to investigate and oversee the executive branch.[72] Congressional oversight is usually delegated to committees and is facilitated by Congresss subpoena power.[73] Some critics have charged that Congress has in some instances failed to do an adequate job of overseeing the other branches of government. In the Plame affair, critics including Representative Henry A. Waxman charged that Congress was not doing an adequate job of oversight in this case.[74] There have been concerns about congressional oversight of executive actions such as warrantless wiretapping, although others respond that Congress did investigate the legality of presidential decisions.[75] Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has the exclusive power of removal, allowing impeachment and removal of the president, federal judges and other federal officers.[76] There have been charges that presidents acting under the doctrine of the unitary executive have assumed important legislative and budgetary powers that should belong to Congress.[77] So-called signing statements are one way in which a president can tip the balance of power between Congress and the White House a little more in favor of the executive branch, according to one account.[78] Past presidents, including Ronald Reagan, George H. W. Bush, Bill Clinton, and George W. Bush[79] have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators including the American Bar Association have described this practice as against the spirit of the Constitution.[80][81] There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress.[82] In 2008, George F. Will called the Capitol building a tomb for the antiquated idea that the legislative branch matters.[83] Enumerated powers[edit] Main article: Powers of the United States Congress The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including voting rights, due process, and equal protection under the law.[84] Generally militia forces are controlled by state governments, not Congress.[85] Implied powers and the commerce clause[edit] Congress also has implied powers deriving from the Constitutions Necessary and Proper Clause which permit Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.[86] Broad interpretations of this clause and of the Commerce Clause, the enumerated power to regulate commerce, in rulings such as McCulloch v Maryland, have effectively widened the scope of Congresss legislative authority far beyond that prescribed in Section 8.[87][88] Checks and balances[edit] Main article: U.S. Congress in relation to the president and Supreme Court View of the United States Capitol from the United States Supreme Court building. Representative Lee H. Hamilton explained how Congress functions within the federal government: To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each other—balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights ... No one part of government dominates the other.[2]:6 The Constitution provides checks and balances among the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.[2][89] The influence of Congress on the presidency has varied from period to period depending on factors such as congressional leadership, presidential political influence, historical circumstances such as war, and individual initiative by members of Congress. The impeachment of Andrew Johnson made the presidency less powerful than Congress for a considerable period afterwards.[2] The 20th and 21st centuries have seen the rise of presidential power under politicians such as Theodore Roosevelt, Woodrow Wilson, Franklin D. Roosevelt, Richard Nixon, Ronald Reagan, and George W. Bush.[90] However, in recent years, Congress has restricted presidential power with laws such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution. Nevertheless, the Presidency remains considerably more powerful today than during the 19th century.[2][90] Executive branch officials are often loath to reveal sensitive information to members of Congress because of concern that information could not be kept secret; in return, knowing they may be in the dark about executive branch activity, congressional officials are more likely to distrust their counterparts in executive agencies.[91] Many government actions require fast coordinated effort by many agencies, and this is a task that Congress is ill-suited for. Congress is slow, open, divided, and not well matched to handle more rapid executive action or do a good job of overseeing such activity, according to one analysis.[92] The impeachment trial of President Clinton in 1999, Chief Justice William Rehnquist presiding. The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to impeach both executive and judicial officials for Treason, Bribery, or other high Crimes and Misdemeanors. Impeachment is a formal accusation of unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. Impeachment proceedings may not inflict more than this; however, a convicted party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. Another resigned before the Senate could complete the trial. Only two presidents have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials ended in acquittal; in Johnsons case, the Senate fell one vote short of the two-thirds majority required for conviction. In 1974, Richard Nixon resigned from office after impeachment proceedings in the House Judiciary Committee indicated he would eventually be removed from office. The Senate has an important check on the executive power by confirming Cabinet officials, judges, and other high officers by and with the advice and consent of the Senate. It confirms most presidential nominees but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. As a result, presidential arm-twisting of senators can happen before a key vote; for example, President Obamas secretary of state, Hillary Rodham Clinton, urged her former senate colleagues to approve a nuclear arms treaty with Russia in 2010.[93] The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than filling vacancies in the office of Vice-President; a vote in each House is required to confirm a presidents nomination for vice-president if a vacancy happens.[1] In 1803, the Supreme Court established judicial review of federal legislation in Marbury v. Madison, holding, however, that Congress could not grant unconstitutional power to the Court itself. The Constitution does not explicitly state that the courts may exercise judicial review; however, the notion that courts could declare laws unconstitutional was envisioned by the founding fathers. Alexander Hamilton, for example, mentioned and expounded upon the doctrine in Federalist No. 78. Originalists on the Supreme Court have argued that if the constitution does not say something explicitly it is unconstitutional to infer what it should, might or could have said.[94] Judicial review means that the Supreme Court can nullify a congressional law. It is a huge check by the courts on the legislative authority and limits congressional power substantially. In 1857, for example, the Supreme Court struck down provisions of a congressional act of 1820 in its Dred Scott decision.[95] At the same time, the Supreme Court can extend congressional power through its constitutional interpretations. Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary, compel individuals to testify when investigating issues over which it has the power to legislate by issuing subpoenas.[96][97] Witnesses who refuse to testify may be cited for contempt of Congress, and those who testify falsely may be charged with perjury. Most committee hearings are open to the public (the House and Senate intelligence committees are the exception); important hearings are widely reported in the mass media and transcripts published a few months afterwards.[97] Congress, in the course of studying possible laws and investigating matters, generates an incredible amount of information in various forms, and can be described as a publisher.[98] Indeed, it publishes House and Senate reports[98] and maintains databases which are updated irregularly with publications in a variety of electronic formats.[98] Congress also plays a role in presidential elections. Both Houses meet in joint session on the sixth day of January following a presidential election to count the electoral votes, and there are procedures to follow if no candidate wins a majority.[1] The main result of congressional activity is the creation of laws,[99] most of which are contained in the United States Code, arranged by subject matter alphabetically under fifty title headings to present the laws in a concise and usable form.[100]
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