Congressional Crime: What Happens When Lawmakers Break The Law?

The US Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the US Senate or House of Representatives or be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must 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 US Constitution sets down rules for how Congress can operate, and what it may, may not, or must do. If a president does not do something the Constitution requires them to do, they can be impeached and replaced until someone who will do the thing gets the office. However, there is no such process to impeach and remove Congress. There is no check on Congress by other branches analogous to the impeachment power over the president and the Supreme Court.

What happens if Congress violates the Constitution through inaction?

The Constitution sets down rules for how Congress can operate, and what it may, may not, or must do. However, there is no process to impeach and remove Congress, and it is unclear that removing and replacing all the members would make sense. The recourse for a failure by Congress to act is elections. Representatives and a third of Senators are elected every 2 years. Voters are free to apportion blame however they see fit.

The only obligation the Constitution imposes upon Congress is that they must meet at least once a year. There is no known instance of Congress violating this obligation.

The Supreme Court has held many Acts of Congress unconstitutional in whole or in part. The Supreme Court considers such cases to be non-justiciable on the grounds that they seek to answer a political question rather than a legal one. The Supreme Court (or the judicial branch as a whole) is not granted any power by the Constitution to force the legislative branch to do anything. They can answer legal questions but cannot actually order Congress to take an action.

The Constitution grants Congress powers to do things but generally does not obligate them to do any particular thing. Constitutionally, it is equally valid for Congress to pass a bill, to vote a bill down, or to decline to bring a bill up for a vote. Congress always has far more that it could accomplish than it has time to accomplish so prioritizing the work is a key prerogative. Legally, they are free to consider the nomination of John Doe for a seat on the Banana Trade Stabilization Board or a bill to rename the post office building in Podunk, OH after the departing chair of the Banana Trade Stabilization Board rather than considering a budget bill or a nomination to the Supreme Court.

Some legally valid steps have political costs—failing to pass a budget, for example, forces government shutdowns which are generally very unpopular with the public. Legally, Congress could decide not to fund the whole of government for as long as they would like. Politically, telling seniors that they weren't going to be receiving Social Security checks or telling military members that they were going to be deployed overseas for a year with no paychecks for their families and no new money for the Pentagon to use to buy food or bullets would be devastating for whoever the public sees as the culprit. So eventually, compromise is found and a budget is passed.

The Supreme Court has also held unconstitutional in whole or in part many laws passed by Congress.

Can Congress be held accountable for breaking the law?

Congress is the lawmaking branch of the federal government. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must 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 the president can refuse to approve a bill, which is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto and the bill becomes a law. However, if 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. This action is called a pocket veto and cannot be overridden by Congress.

The U.S. Constitution provides that all legislative powers are vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The Senate is composed of 100 Members, two from each state, elected by the people. Each Senator has one vote. The House of Representatives is composed of 435 Members elected every two years from among the 50 states, apportioned to their total populations. Each Representative has one vote.

The chief function of Congress is the making of laws. In addition, the Senate has the function of advising and consenting to treaties and to certain nominations by the President. Under the 25th Amendment to the Constitution, a vote in each House is required to confirm the President’s nomination for Vice-President when there is a vacancy in that office. In the matter of impeachments, the House of Representatives presents the charges, and the Senate sits as a court to try the impeachment. No impeached person may be removed without a two-thirds vote of those Senators voting, a quorum being present.

The Constitution and history affirm that the President can be held accountable for breaking the law. However, it is unclear if Congress can be held accountable for breaking the law in the same way. While the legislative process is designed to protect the minority and allow for discussion and amendment of bills, it is not clear what consequences Congress faces if it breaks the law.

In conclusion, while Congress has the power to make laws, it is unclear if they can be held accountable for breaking them. The legislative process is designed to protect the minority and allow for discussion and amendment of bills, but it is not clear what consequences Congress faces if it breaks the law.

What happens if Congress fails to pass a budget?

If Congress fails to pass a budget, the federal government faces a funding gap. This has happened in all but four fiscal years since the current system for budgeting and spending tax dollars was implemented in 1976.

In such a scenario, Congress must pass a stopgap spending law, or a "continuing resolution" (CR), to buy itself more time. If it doesn't, nonessential operations will be forced to shut down. This has happened four times in the past decade.

A CR typically extends funding levels from the previous fiscal year, but only for existing programs. They can last anywhere from one day to the rest of the fiscal year.

If Congress doesn't pass a CR, or the President doesn't sign it, agencies and programs that require annual appropriations but haven't received them will have to shut down operations.

In the absence of a budget, Congress may also agree to "deeming resolutions" or statutory provisions that substitute for the budget resolution.

What happens if Congress refuses to fund the government?

If Congress refuses to fund the government, a government shutdown occurs. In the case of a government shutdown, federal workers deemed 'non-essential' are furloughed, while those in 'essential' roles stay on the job but face a delay in payment. In previous shutdowns, two-thirds of Internal Revenue Service employees have been furloughed, meaning the agency stopped responding to taxpayer questions or auditing tax returns.

A shutdown also results in closures, delays, and interruptions to certain government services. National parks and museums close, federal lending to businesses and people is delayed, and there is a pause in new Pentagon contracts.

Essential government functions continue during a shutdown. Social Security, Medicare and Medicaid benefits, veteran benefits, and the Supplemental Nutrition Assistance Program continue, although there may be delays in processing new applications. Federal law enforcement agencies, including the FBI, remain operational, and air traffic and airport personnel stay on the job.

What happens if Congress doesn't meet at least once a year?

The U.S. Constitution mandates that Congress assemble at least once a year. A term of Congress is divided into two "sessions", one for each year. The first session commences on January 3rd of odd-numbered years and adjourns on January 3rd of the following year, while the second session runs from January 3rd to January 2nd of even-numbered years.

If Congress doesn't meet at least once a year, it would be in violation of the U.S. Constitution. However, it is unclear what the exact consequences of such a violation would be.

The Constitution also forbids either house of Congress from meeting outside the United States Capitol or from adjourning for more than three days without the consent of the other house. This provision aims to prevent one house from obstructing legislative business by refusing to meet.

Additionally, the Constitution requires a quorum, or majority, to be present for the chambers to conduct business.

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