The Legislative Branch: Congress' Lawmaking Powers

The legislative process in the United States is a complex and varied procedure, with Congress at its heart. As one of the three coequal branches of government, Congress is the only part of the government that can make new laws or change existing ones. The legislative process is designed to be a safeguard of the American democratic way of life, with its emphasis on the protection of the minority and allowing all sides to be heard. This process involves the House of Representatives and the Senate, which together make up the Legislative Branch, as outlined in Article I of the Constitution.

The legislative process

Congress divides its work among over two hundred committees and subcommittees, each of which issues regular reports on its activities. After a bill is introduced on the House or Senate floor, it is referred to the committee of jurisdiction (i.e., the committee charged with reviewing measures in the area of law or policy with which the bill is concerned). The committee of referral most often sends the measure to its specialized subcommittee(s) for study, hearings, revisions, and approval. For most bills, the committee or subcommittee fails to take further action on the referred bill, effectively "killing" the measure at this point. If the bill passes the subcommittee with a favorable vote, it is sent back to the full committee for further consideration, hearings, and amendment. Once a law is enacted, Congress has the prerogative and responsibility to provide oversight of policy implementation, and its committees take the lead in this effort.

The House of Representatives divides its work among over twenty permanent and standing committees. Normally, before a piece of legislation is considered by the House, it has been reviewed by at least one of the committees, and a report is issued by that committee describing the legislation and indicating (on a section-by-section basis) how the proposed statute changes existing statutes.

The two chambers are fundamentally equal in their legislative roles and functions. Only the House can originate revenue legislation, and only the Senate confirms presidential nominations and approves treaties, but the enactment of law always requires both chambers to separately agree to the same bill in the same form before presenting it to the President. Because each chamber has the constitutional authority to make its own rules, the House and Senate have developed some very different ways of processing legislation, perhaps partially flowing from their constitutional differences. In general, House rules and practices allow a numerical majority to process legislation relatively quickly. Senate rules and procedures, on the other hand, favor deliberation over quick action, as they provide significant procedural leverage to individual Senators. Congressional action is typically planned and coordinated by party leaders in each chamber, who have been chosen by members of their own caucus.

Congress's role in presidential elections

Congress plays a role in the legislative process, which is one of the foundations of the American democratic way of life. A proposal cannot become a law without consideration and approval by both Houses of Congress. The President can approve a bill and sign it into law, or they can refuse to approve it, which is called a veto. Congress can, in most cases, vote to override the veto and the bill becomes a law.

Congress also plays a role in presidential elections. Both Houses meet in a joint session on the sixth day of January following a presidential election to count the electoral votes. If no candidate receives a majority of the total electoral votes, the House of Representatives, with each state delegation having one vote, chooses the President from among the three candidates with the largest number of electoral votes.

In the months leading up to Election Day, the Archivist sends a letter to the Executive of each State referencing the State's responsibilities regarding the Electoral College. The Office of Federal Register (OFR) prepares to receive the Electoral College Certificates from the States and contacts Congressional staff to make arrangements for the delivery of the certificates to Congress. During the weeks before and after the general election, OFR interacts with each State to identify those responsible for the Electoral College process within that State.

Congress meets in a joint session to count the electoral votes. The Vice President, as President of the Senate, is the presiding officer, and the President of the Senate opens the votes of the States in alphabetical order and hands them to the appointed Tellers, who announce the results out loud. The President of the Senate then calls for any objections. If an objection is recognized, the House and Senate withdraw to their respective chambers to consider the merits of any objections.

The role of the House of Representatives

The House of Representatives is one of the two chambers of the United States Congress, the other being the Senate. The House is part of the federal government's legislative branch.

The House of Representatives makes and passes federal laws. The legislative process is designed to allow all sides to be heard and make their views known, with a focus on protecting the interests of the minority. The House's role in lawmaking includes introducing bills and resolutions, offering amendments, and serving on committees.

The House of Representatives has 435 members, each serving a two-year term and representing a specific congressional district. The number of representatives per state is proportional to the state's population. The House leadership includes the speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference. The speaker acts as the leader of the House and combines several institutional and administrative roles. Majority and minority leaders represent their respective parties on the House floor, while whips assist leadership in managing their party's legislative program.

The House of Representatives also plays a role in impeachment proceedings. In such cases, the House presents the charges—a function similar to that of a grand jury—while the Senate sits as a court to try the impeachment. No impeached person may be removed without a two-thirds vote of the Senators, with a quorum being present.

Additionally, the House has the power to initiate tax and revenue-related legislation, which is unique to this chamber.

The role of the Senate

The Senate is one of the two chambers of the US Congress, the other being the House of Representatives. While both chambers are equal in their legislative roles and functions, there are some key differences in the way they operate. The Senate chooses the Vice President from the two candidates with the largest number of votes for that office. Each Senator has one vote in this process.

The Senate is the only chamber that can draft legislation related to presidential nominations and treaties. It ratifies treaties by a two-thirds supermajority vote and confirms the appointments of the President by a majority vote. The Senate also sits as a court to try impeachments, and no impeached person may be removed without a two-thirds vote of those Senators voting, with a quorum being present.

The Senate's rules and procedures favour deliberation over quick action, providing significant procedural leverage to individual Senators. The Senate processes legislation through deliberation and debate prior to voting, while the House processes legislation through a majority vote.

Congress divides its work among over 200 committees and subcommittees, each of which issues regular reports on its activities. After a bill is introduced on the House or Senate floor, it is referred to the committee of jurisdiction, which most often sends the measure to its specialized subcommittee(s) for study, hearings, revisions, and approval.

The President's influence

The President has influence in the legislative process, which is primarily dominated by Congress. The President can recommend an annual budget for federal agencies and often suggests legislation. The President also has the power to veto legislation, which can significantly affect the content of bills passed by Congress. It is quite unusual for a law to be enacted over a presidential veto, so Congress usually must accommodate the President's position on proposed policies.

The President's role in the legislative process also includes the confirmation of appointments and the ratification of treaties. The Senate confirms presidential nominations by a majority vote, and the House of Representatives' consent is necessary for the ratification of trade agreements and the confirmation of the Vice President.

Additionally, the President's influence can be seen in their ability to propose legislation. While members of Congress can introduce bills based on their own ideas, campaign promises, or constituent petitions, the President can also suggest legislation. This ability to propose policies allows the President to shape the direction of potential laws and influence the legislative agenda.

Overall, while Congress holds the chief function of making laws, the President wields significant influence in the legislative process through their power to veto, propose legislation, confirm appointments, and ratify treaties. The President's role in the legislative process is an essential aspect of the checks and balances within the US government.

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