Gavin Howe
The United States Congress is made up of the House of Representatives and the Senate, which together have the sole authority to enact legislation and declare war. While both chambers are equal in their legislative roles and functions, there are some differences in how they process legislation. For example, only the House can initiate tax and revenue-related legislation, while only the Senate confirms presidential nominations and approves treaties. The enactment of law requires both chambers to agree to the same bill before presenting it to the President, who has the power to approve or veto it. The President's influence in the legislative process and their power to veto can significantly affect the content of bills passed by Congress. This raises the question: do laws affect Congress differently?
| Characteristics | Values |
|---|---|
| Number of elected members in the House of Representatives | 435 |
| Number of non-voting members in the House of Representatives | 6 |
| Number of elected members in the Senate | N/A |
| Number of non-voting members in the Senate | N/A |
| The House of Representatives' role in the law-making process | Initiates tax and revenue-related legislation |
| The Senate's role in the law-making process | Confirms presidential nominations, approves treaties |
| The President's role in the law-making process | Approves or vetoes bills, Proposes legislation |
| The number of votes required to override a presidential veto | Two-thirds of each chamber |
| The number of votes required to confirm the President's nomination for Vice-President | Two-thirds of the Senate |
| The number of votes required to remove an impeached person | Two-thirds of the Senate |
| The number of votes required for a joint resolution to amend the Constitution | Two-thirds of both Houses |
| The number of days the President has to act on a bill | 10 days (Sundays excepted) |
| The number of votes required to pass most bills | Majority |
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What You'll Learn
The President's role in lawmaking
The President has the power to convene or adjourn the Houses of Congress in certain circumstances, such as on extraordinary occasions or in the case of a disagreement between the Houses. Additionally, the President may recommend measures to Congress for their consideration and provide information on the State of the Union. The President also plays a role in the enactment of laws by approving or vetoing bills passed by Congress. If the President chooses to veto a bill, Congress can, in most cases, override this decision and pass the bill into law. However, if the President does not sign off on a bill before Congress adjourns, the bill is pocket vetoed and cannot be overridden by Congress.
The President's legislative role extends beyond these formal duties. They can recommend an annual budget for federal agencies and suggest legislation, influencing the content of bills. The President's recognition as the leader of their party has also contributed to their expanded legislative role.
Furthermore, the President's ability to summon both Houses into extra or special sessions for legislative purposes, as well as the Senate alone for the consideration of nominations and treaties, underscores their involvement in lawmaking. While the power to adjourn the Houses has never been exercised, the President's authority to do so remains.
In conclusion, while Congress is responsible for crafting and passing laws, the President wields significant influence in the legislative process through their various formal and informal powers. The President's role in lawmaking has evolved to reflect the changing political and social landscape, solidifying their position as an essential player in shaping the nation's laws.
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Congress's investigative powers
The scope of Congress's investigative powers has been primarily defined by congressional practice, negotiations between political branches, and opinions of the Supreme Court. Notably, the Supreme Court has rarely engaged in significant discussions regarding these powers, and has only once directly addressed an investigative oversight conflict between Congress and the Executive Branch.
Congressional committees have the power to issue subpoenas, compel witness testimony, and hold them in contempt if they fail to comply. Additionally, witnesses who lie before a congressional committee can be convicted of perjury. These powers allow Congress to conduct inquiries into questions of public policy and its effects, ensuring that existing laws are properly administered.
However, Congress's investigative powers are subject to legal limitations. For instance, in Eastland v. United States Servicemen's Fund (1975), the Supreme Court clarified that Congress does not possess a "general power to inquire into private affairs," and that the subject of any inquiry must be one on which legislation could be had.
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Impeachment laws
The grounds for impeachment are outlined in the Constitution as "Treason, Bribery, or other high Crimes and Misdemeanors". However, the interpretation of "high Crimes and Misdemeanors" is subject to debate and has been shaped by historical precedent and political interests. Impeachment is not solely a legal process but also carries political implications. The type of behaviour warranting impeachment is often determined by political dynamics and the relationship between the three branches of government.
The impeachment process unfolds in several steps. Firstly, an impeachment resolution is introduced in the House, which may pass through a committee before proceeding to a full House vote. The House Committee on the Judiciary plays a pivotal role in this stage, deciding whether grounds for impeachment exist. Subsequently, the House debates the resolution and votes on it, potentially considering each article of impeachment individually.
Following the House's approval of the impeachment resolution, the process moves to the Senate, which acts as a High Court of Impeachment. The Senate hears witnesses, considers evidence, and conducts a trial, presided over by the Chief Justice of the United States in the case of presidential impeachment. The Senate then votes to acquit or convict the impeached official, requiring a two-thirds majority for conviction.
While impeachment proceedings are not punitive in nature, they can result in the removal from office of the impeached official. Additionally, the Senate may bar the individual from holding future federal office. Importantly, the President cannot grant pardons in cases of impeachment, and the convicted individual remains liable for any criminal or civil charges.
In conclusion, impeachment laws play a significant role in maintaining accountability among federal officials. The process, outlined in the Constitution, involves the House of Representatives and the Senate, each with distinct roles. The interpretation of impeachable offences and the political dynamics surrounding impeachment have evolved over time, shaping the application of these laws.
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The Senate's role in approving treaties
The United States Constitution outlines that the president has the power to make treaties with the "Advice and Consent of the Senate" provided that two-thirds of the Senators present agree. Treaties are binding agreements between nations and are considered part of international law.
In some cases, when Senate leadership believes a treaty lacks sufficient support, they may choose not to vote on it, and the president may eventually withdraw it. The Senate may also choose to attach conditions or reservations to their approval of a treaty. Treaties are comparatively rare in modern US foreign policy, with only 6% of international agreements being treaties submitted to the Senate for approval between 1946 and 1999.
Additionally, the president can enter into "executive agreements" without seeking the advice and consent of the Senate. While these agreements are not brought before the Senate for approval, they are still binding under international law.
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Concurrent resolutions
In some cases, concurrent resolutions have been used to override executive actions through a mechanism known as the legislative veto. However, they do not have the power to override a presidential veto on legislation. While concurrent resolutions do not have the force of law, they are important for managing the internal affairs and expressing the collective will of both houses of Congress.
Examples of concurrent resolutions include Senate Concurrent Resolution 10 of the 113th Congress, which was a bill to use the United States Capitol Visitor Center to celebrate the birthday of King Kamehameha. Another example is H.Con.Res. 83, sponsored by Representative Elissa Slotkin, which mandated that President Donald Trump cease military activity against Iran following the U.S. drone strike against the IRGC's commander in 2020.
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Frequently asked questions
Both chambers of Congress must vote to accept a bill, then work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can then choose to approve the bill and sign it into law or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law.
The House and the Senate have different ways of processing legislation. The House rules and practices allow a numerical majority to process legislation relatively quickly. The Senate rules and procedures, on the other hand, favor deliberation over quick action, as they provide significant procedural leverage to individual senators. Additionally, only the House can originate revenue legislation, and only the Senate confirms presidential nominations and approves treaties.
A pocket veto occurs when the president does not sign off on a bill and it remains unsigned when Congress is no longer in session. The bill will be vetoed by default and cannot be overridden by Congress.
Once a law is enacted, Congress has the prerogative and responsibility to provide oversight of policy implementation. Congressional committees are given significant powers and latitude for oversight and investigations into questions of public policy and its effects.
