Kara Sears
The United States Congress, consisting of the House of Representatives and the Senate, is the law-making branch of the federal government. Congress has the sole authority to enact legislation and declare war, and it is the only part of the government that can make new laws or change existing ones. The legislative process is designed to protect the minority and allow all sides to be heard, with a proposal requiring consideration and approval by both Houses of Congress before becoming a law. Congress also has the prerogative and responsibility to provide oversight of policy implementation, and it can override a presidential veto with a two-thirds vote in both the Senate and the House of Representatives.
| Characteristics | Values |
|---|---|
| Number of Representatives | Not more than one for every 30,000 but each state has at least one |
| Meetings | At least once a year, on the first Monday in December |
| Quorum | A majority of each House constitutes a quorum to do business |
| Adjournment | Neither House can adjourn for more than three days without the consent of the other |
| Legislative Power | Vested in Congress, which can make new laws or change existing laws |
| Checks and Balances | The legislative branch makes laws, the executive branch can veto them, and the judicial branch can declare them unconstitutional |
| Impeachment | Congress can impeach and remove judges from office |
| Bills | A bill is a proposal for a new law or a change to an existing law; once it passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting |
| Veto | Congress can override a presidential veto with a two-thirds vote in both the Senate and the House of Representatives |
| Bicameral System | A proposal cannot become a law without consideration and approval by both Houses of Congress |
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What You'll Learn
The legislative branch makes laws
The legislative branch, established by Article I of the US Constitution, is responsible for making laws. It consists of the House of Representatives and the Senate, which together form the United States Congress. Congress is the only part of the US government with the authority to make new laws or change existing ones.
The legislative process is designed to ensure that all sides are heard and that there is ample opportunity for debate and consideration. A bill, or proposal for a new law or change to an existing law, can be introduced by a sitting member of the Senate or House of Representatives, or it can be proposed during an election campaign or by citizen groups. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies accept a bill, they must reconcile any differences between their versions.
After passing both houses of Congress, a bill is sent to the President, who has several options. The President may sign the bill into law, at which point it is printed in the Statutes at Large. If the President disagrees with the bill, they may veto it and send it back to Congress. Congress can override the veto with a two-thirds vote in both chambers, and the bill will then become law. However, if Congress is not in session and the President takes no action on the bill within 10 days, this results in a pocket veto, which cannot be overridden.
Congress also has the power to enact laws deemed "necessary and proper" for the execution of the powers given to any part of the government under the Constitution. This includes the establishment of an annual budget, levying taxes and tariffs, and regulating commerce, naturalization, and bankruptcies.
The legislative branch's law-making power is balanced by the executive and judicial branches. While the legislative branch makes laws, the President, as part of the executive branch, can veto them, and the judicial branch can declare them unconstitutional.
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The executive branch enforces laws
The United States Constitution divides the government into three branches: the legislative, executive, and judicial. The legislative branch, which includes Congress, is responsible for making laws. However, the executive branch, led by the President, plays a crucial role in enforcing these laws.
The executive branch, through various Federal agencies, is responsible for the day-to-day enforcement and administration of Federal laws. These agencies and departments have diverse missions and responsibilities, ranging from environmental protection to safeguarding the nation's borders. They derive their authority from laws enacted by Congress, and their regulations carry the full force of law.
The President, as the head of the executive branch, has the power to influence the legislative process. They can propose an annual budget for Federal agencies and suggest legislation. Additionally, the President's power to veto legislation can significantly impact the content of bills passed by Congress. While Congress can override a Presidential veto with a two-thirds vote in both the Senate and the House of Representatives, it is uncommon for laws to be enacted against the President's wishes.
Congress also plays a role in overseeing the executive branch's implementation of laws and regulations. This oversight serves as a check on the President's power and helps maintain a balance. Committees in both the House and the Senate, such as the House Committee on Oversight and Reform and the Senate Committee on Homeland Security and Government Affairs, are dedicated to overseeing and reforming government operations. Congress also has the investigative power to ensure that taxpayer dollars are spent effectively and efficiently.
In summary, while the legislative branch of the US government, including Congress, holds the power to make laws, the executive branch, led by the President, is responsible for enforcing those laws through various agencies and departments. The President's influence on the legislative process and Congress's oversight of the executive branch create a system of checks and balances that ensures no single branch holds too much power.
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The judicial branch interprets laws
The US Constitution divides the government into three branches: the legislative, the executive, and the judicial. This separation of powers ensures that no single branch holds too much power. Each branch has distinct roles and areas of authority.
The legislative branch makes laws, but the judicial branch interprets them. The judicial branch is responsible for interpreting and reviewing the laws of the nation. This branch comprises a system of federal courts, with the Supreme Court as the highest court in the nation. The Supreme Court, located in Washington, DC, acts as the final arbiter in disputes over federal rules and laws, ensuring fair and impartial decisions.
The lower courts within the federal court system are the federal district courts, also known as trial courts. These courts play a crucial role in resolving disputes by determining the facts and applying the relevant laws to reach a verdict. While the legislative branch creates the laws, the judicial branch ensures their proper interpretation and application in legal contexts.
The judicial branch's power to interpret laws is a critical aspect of the checks and balances system. It can declare laws unconstitutional, ensuring that the legislative branch's actions align with the Constitution. This power serves as a safeguard against any potential abuse of power by the legislative branch, reinforcing the balance of power between the branches.
While the judicial branch has the authority to interpret laws, the legislative branch, specifically the Senate, confirms the President's nominations for judicial positions. Additionally, Congress possesses the power to impeach and remove judges from office. This dynamic further underscores the intricate system of checks and balances that characterizes the US governmental structure.
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Congress can override a presidential veto
The US Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no single branch holds too much power, creating a system of checks and balances.
The legislative branch, which includes Congress, is responsible for making laws. However, the President, who is part of the executive branch, has the power to veto these laws. A presidential veto does not mean the end of the legislative process, as Congress can override a veto under certain conditions.
Historically, Congress has overridden about 7% of presidential vetoes. While it is an extraordinary act, the power to override a veto showcases the intended balance among the governmental branches. It serves as a reminder that while the President holds significant power, Congress ultimately holds the legislative power to enact laws reflecting the will of the people.
In addition to Congress's ability to override presidential vetoes, state and territorial governors, as well as some mayors and county executives, possess similar veto powers. This includes line-item, amendatory, and reduction vetoes. The legislative branch can also override these vetoes by a majority vote.
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Congress can impeach judges
The US Constitution divides the government into three branches: the legislative, executive, and judicial. The legislative branch makes laws, the executive branch can veto those laws, and the judicial branch interprets them.
Congress falls under the legislative branch, and the Senate confirms the President's nominations for judicial positions. Congress can impeach and remove any of those judges from office. This is a power that only Congress has.
Article I of the US Constitution states that the House of Representatives has the power to impeach, and the Senate has the power to hold a trial to determine whether removal is appropriate. The House can impeach a judge with a simple majority vote, and a judge may only be removed from office following a trial and a vote to convict by a two-thirds majority of the Senate.
As of September 2017, only 15 federal judges have been impeached, and only eight have been convicted. Three others resigned before the completion of impeachment proceedings. Congress has impeached and removed federal judges for reasons including intoxication on the bench, abandoning office and joining the Confederacy, perjury, and income tax evasion.
Impeachment is a process by which the political branches of government—usually the legislature—can remove judges from office. While impeachment is sometimes threatened for partisan reasons, the impeachment and removal of judges are rare and usually limited to grave ethical or criminal misconduct.
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Frequently asked questions
Congress is the lawmaking branch of the federal government and is made up of the House of Representatives and the Senate. The legislative process is a key safeguard of the American democratic way of life, with its emphasis on the protection of the minority and allowing all sides to be heard.
The legislative process is the series of steps that a bill must go through to become a law. A bill is a proposal for a new law or a change to an existing law. It can be proposed by a sitting member of the Senate or House of Representatives, during their election campaign, or by citizen groups. Once introduced, a bill is assigned to a committee, which researches, discusses, and amends the bill. The bill then goes before the chamber for a vote. If it passes one body of Congress, it goes through the same process in the other body. Once both bodies accept a bill, they must reconcile any differences between the two versions.
The bill is sent to the President, who has several options. If the President agrees with the bill, they may sign it into law. If the President disagrees, they may veto it and send it back to Congress. Congress may override the veto with a two-thirds vote in both chambers, and the bill becomes law. If Congress is in session and the President takes no action within 10 days, the bill becomes law. If Congress adjourns before 10 days are up and the President takes no action, the bill dies—this is called a pocket veto.
Congress has the power to impeach and remove judges from office, confirm or reject Presidential appointments, and enact legislation. Congress also has investigative powers and provides oversight of policy implementation.
