Understanding the US Congress: Legislative Branch Spotlight

Structure and Roles of Congress

The US Congress serves as the legislative branch of government, responsible for creating federal laws that apply to all states. Unlike state legislatures that make local laws, Congress operates within the federal system and acts independently through the principle of separation of powers.

Congress has a bicameral structure with two chambers: the Senate (upper house) and the House of Representatives (lower house). The Senate consists of 100 members with two senators representing each state, serving 6-year terms with one-third contested every election. The House has 435 representatives serving 2-year terms, with each representing a congressional district and all seats contested at every election.

This structure emerged from the Connecticut Compromise during the 1787 Philadelphia Convention, balancing competing visions. Smaller states wanted equal representation (New Jersey Plan), while larger states preferred representation based on population (Virginia Plan). The compromise gave each state equal Senate representation while House seats were allocated by population.

Did you know? While California has 53 representatives due to its large population, seven states have only one representative each, showing how the compromise balances state equality with population-based representation.

Congress serves three key roles: passing legislation (making new federal laws), representing constituents' interests, and overseeing the executive branch as part of the checks and balances system.

Powers of Congress

Congress wields significant legislative powers that allow it to shape American policy. It initiates legislation that, once approved by both houses, is sent to the president who can sign it into law, veto it, or leave it (becoming law after 10 days). Notably, Congress can override a presidential veto with a two-thirds majority in each house.

Congress can also initiate constitutional amendments with a two-thirds majority in both houses, as demonstrated by the 13th Amendment which abolished slavery. Once passed, amendments must then be ratified by the states. The Senate exclusively holds the power to ratify treaties negotiated by the president, requiring a two-thirds majority.

Though Congress holds the power to declare war, this hasn't been used since 1941 (war against Japan). Modern presidents typically avoid requesting formal declarations to prevent public backlash.

Beyond making laws, Congress exercises crucial oversight through:

• Approving federal budgets
• Investigating executive actions through congressional committees
• Confirming presidential appointments (Senate only)
• Impeachment powers (House can impeach with a simple majority; Senate tries with two-thirds needed to remove)

Remember: Though three presidents have faced impeachment proceedings, none have been removed from office. Trump was impeached twice but acquitted by the Senate, showing the limitations of this power.

Representation in Congress

The composition of Congress has faced criticism for failing to reflect America's diversity. While women make up 51% of the US population, they held only 27% of congressional seats (118 in House, 24 in Senate) in 2019. Similarly, ethnic minorities, non-Christians, and younger Americans remain underrepresented.

The requirements for serving in Congress are straightforward: Representatives must be at least 25 years old and US citizens for 7+ years; Senators must be 30+ and citizens for 9+ years. Both must reside in their represented state. Despite these simple requirements, Congress has often been described as "pale, white and stale" due to its demographics.

There are positive developments in representation. The 117th Congress had the highest number of women and lowest proportion of Christians in history. Black and Hispanic Americans find better representation in the House through majority-minority districts, which create constituencies where the majority of voters are from the same minority group.

The 2018 elections saw more women running for Congress, partly in reaction to Hillary Clinton's defeat. This resulted in the 116th Congress having its largest proportion of women (24%) in US history.

Worth noting: The Senate swimming pool was men-only until 2009, where men could swim naked – an example of the historically male-dominated culture that made it difficult for women to feel comfortable in Congress.

Challenges remain, particularly for those with no religious affiliation. Despite making up 23% of the population, they had only one member in the 117th Congress, making them the most underrepresented demographic group.

Terms of Office and Party Allegiance

The terms of office for members of Congress vary significantly between the two chambers, creating different political dynamics. Representatives serve just 2-year terms while Senators enjoy longer 6-year terms, which leads to distinct advantages for each chamber.

Senators benefit from their longer terms by developing deeper expertise and taking more long-term views on issues. Since they face the electorate less frequently, they can sometimes make unpopular but necessary decisions without immediate electoral consequences. This was precisely what the Founding Fathers intended – a chamber somewhat insulated from rapid shifts in public opinion.

The House of Representatives, with its shorter terms, offers a different advantage. Its composition can change every two years, potentially reflecting shifts in public opinion more quickly. This makes the House more responsive to the electorate, offering a more accurate representation of the nation's current political climate.

Party allegiance in Congress is remarkably consistent. In the 117th Congress, all House members belonged to either the Democratic or Republican parties. The Senate had only two independents, both of whom worked closely with the Democrats.

Interesting shift: During the 116th Congress, two Representatives left the Republican party to become independents, with Justin Amash joining the Libertarian party – illustrating how rare party switches are in American politics.

This strong two-party system creates a highly predictable voting pattern in most cases, though occasional defections can be decisive in closely divided chambers.

Legislation and Oversight Functions

Congress's primary responsibility is initiating, debating, amending, and passing legislation, but this process faces significant challenges. Gridlock occurs when Congress cannot pass laws, particularly during periods of divided government when different parties control the two chambers or when Congress opposes the president's party.

The filibuster presents another obstacle to efficient lawmaking. This Senate tactic allows members to speak indefinitely to delay voting on bills. While cloture can end a filibuster, it requires 60 senators to agree—a high threshold rarely achieved by one party alone. This often creates legislative stalemates, especially in politically divisive issues.

Congressional oversight—scrutinising the executive branch's activities—serves as a crucial check and balance. Standing and select committees investigate executive actions through hearings where witnesses must provide truthful information or face criminal charges. The Government Accountability Office (GAO) supports these investigations, though its reduced size limits its effectiveness given the vast federal government.

The Senate's power to confirm presidential nominations provides another check on executive power. This process encourages presidents to nominate qualified individuals, though it has become increasingly politicised. During unified government, presidents typically see their nominees confirmed even if controversial, as demonstrated by Betsy DeVos's confirmation as Education Secretary despite displaying limited knowledge of education policy.

Remarkable record: The longest filibuster speech lasted 24 hours, delivered by a senator opposing the Civil Rights Act of 1957. Despite this dramatic attempt to block racial equality legislation, the filibuster ultimately failed.

When performed effectively, these oversight functions ensure the executive branch operates within legal boundaries and with qualified personnel.

Impeachment and Financial Powers

Congress wields significant constitutional powers to check the executive branch, with impeachment being perhaps its most dramatic tool. This power encourages government officials to follow the law, as Congress can remove them for illegal actions. Three presidents have faced impeachment proceedings, with Nixon resigning before a formal impeachment vote following the Watergate scandal in 1974.

Impeachment has limitations, however. When Trump became the third president to be impeached (and the first to be impeached twice), he was acquitted by the Senate. The vote was 52-48 with all Democrats and only one Republican voting to convict, showing how partisanship can limit this power's effectiveness.

The Senate's power to ratify treaties provides another check on presidential authority. Presidents must work closely with the Senate when negotiating international agreements. Yet the Senate has rejected many important treaties, including the Treaty of Versailles (1920), which led to a period of American international isolation. Presidents often bypass this requirement by making executive agreements with other countries instead.

Congress's power of the purse gives it control over taxation and federal spending. All tax bills must originate in the House (though the Senate can amend them), and Congress can modify the executive's proposed budget. When the executive and Congress cannot agree on spending, government shutdowns can occur.

Worth noting: During a "full" government shutdown, the federal government must close non-essential functions and furlough many employees, creating disruptions to services like national parks and benefit applications that are unpopular with the public.

Trump challenged this power in 2019 by declaring a national emergency to access emergency federal funding for his border wall, demonstrating how presidents can sometimes circumvent Congress's financial control.

Functions, Powers and Effectiveness of Congress

Congress serves three critical functions—legislation, oversight, and fiscal control—each with varying degrees of effectiveness. As a legislative body, Congress can respond to national crises, as demonstrated by the CARES Act during the COVID-19 pandemic. However, its effectiveness is questionable when only 2-3% of bills become law—down from 6-7% in the 1980s. Gridlock and the filibuster often prevent legislation from advancing.

Congressional oversight proves most effective during divided government when the opposition party has motivation to scrutinise the executive. The high-profile nature of committee investigations attracts media attention, enhancing scrutiny. The threat of impeachment encourages officials to act legally, while the Senate's treaty ratification powers compel presidents to work collaboratively with senators.

However, oversight weakens during unified government when Congress is unlikely to criticise a president from its own party. Presidential popularity can deter Congressional criticism, and investigations can be lengthy and resource-intensive, as seen with the House Select Committee on Benghazi. The Senate has also declined to ratify important treaties, leading to America's isolation from global agreements.

The power of the purse gives Congress significant leverage, often forcing the executive to make concessions to avoid government shutdowns. Yet this power has limitations too. Failure to compromise leads to disruptive shutdowns, "pork barrel" funding wastes taxpayer money, and Trump's use of emergency powers to bypass Congress created a concerning precedent.

Critical insight: The decline in legislative effectiveness (from 6-7% of bills becoming law in the 1980s to just 2-3% today) reflects increasing polarization and procedural obstacles that make compromise increasingly difficult in American politics.

These varying levels of effectiveness demonstrate the complex balance of power within the American system of government.

Party System and Leadership

The congressional caucus system forms the backbone of party organization in Congress. Most members belong to either the Senate or House Republican caucus or the Senate or House Democratic caucus, depending on their party affiliation. Smaller caucuses also exist as subgroups focused on specific interests, like the House Freedom Caucus of conservative Republicans advocating for limited government.

These smaller caucuses can wield surprising influence. In 2019, the House Freedom Caucus opposed Trump's budget, forcing Republicans to rely on Democratic votes to pass the bill. Some caucuses are bipartisan, like the Climate Solutions Caucus, bringing together members from both parties with shared policy interests.

Party leadership plays a crucial role in congressional operations. Each party caucus elects leaders—a Majority Leader if their party controls that chamber or a Minority Leader if they don't. These floor leaders plan the legislative agenda, coordinate debates, and work to maintain party unity on key votes.

The Speaker of the House holds the most high-profile leadership position in Congress. Elected by all House members, the Speaker comes from the majority party and wields considerable power by:

• Presiding over debates
• Determining the legislative agenda
• Appointing committee members
• Providing opposition to presidents from the other party

Nancy Pelosi made history as the first female Speaker (2007-2011, then again from 2019). She led Trump's impeachment in 2019 while also working with Republicans on bipartisan legislation.

Important trend: Congressional partisanship has been increasing significantly, creating greater division between the parties and making bipartisan cooperation increasingly difficult.

Party leadership structures help organize Congress's work but must navigate increasingly polarized political environments.

Party Discipline and Partisanship

Party discipline in Congress has traditionally been weak compared to parliamentary systems, though it has strengthened in recent decades. Party whips in each chamber attempt to organize members to vote as directed by leadership, but their enforcement power remains limited. The separation of powers prevents party leaders from offering government positions in exchange for support.

Leadership does wield some influence: The Speaker determines House Rules Committee membership and committee chair appointments, while Senate party leaders decide committee assignments. However, persuasion remains their primary tool for securing party-line votes.

Partisanship has dramatically increased since the 1990s, with the parties moving further apart ideologically. This polarization damages democracy by prioritizing party interests over compromise. One key factor driving this trend is the reduced number of competitive electoral districts—only 91 in 2020 compared to 164 in 1997. When representatives come from "safe" districts, they have less incentive to work across the aisle.

Growing polarization increases partisanship as the parties become more opposed to each other. This makes bipartisanship difficult to achieve and leads to:

• Greater likelihood of gridlock during divided government
• Increased party unity votes where most Republicans oppose most Democrats

Some efforts to counter this trend have emerged, like the Problem Solvers Caucus established in 2017 with 50 members from both parties working to promote bipartisan cooperation on legislation.

Critical concept: The decline in competitive districts (from 164 in 1997 to just 91 in 2020) means fewer representatives face genuine electoral competition, reducing their incentive to appeal to moderate voters and encouraging more partisan positions.

This rising partisanship makes compromise increasingly difficult, contributing to congressional gridlock and public frustration with government.

Committee System

The committee system forms the backbone of congressional work, with several types serving different functions. Standing committees are permanent bodies focusing on specific policy areas like foreign affairs. The House has 20 while the Senate has 16, with party representation proportional to each chamber. These committees handle the detailed work of bills—holding hearings, questioning witnesses, and voting on whether legislation should proceed.

Select committees are typically temporary bodies established to investigate specific issues. In June 2021, the House created a select committee to investigate the Capitol assault by Trump supporters. These committees don't work on legislation but focus on investigations and oversight, often generating high-profile hearings that attract media attention.

The House Rules Committee holds unique power as the gatekeeper for legislation in the House. With just 13 members (favoring the majority party by 2:1), it sets "rules" for bills, determining debate time and whether amendments will be allowed. The increasing use of "closed rules" (56% in the 115th Congress) prevents improvements to legislation and limits the minority party's input.

Conference committees are temporary bodies formed when the House and Senate pass different versions of the same bill. Their job is to reconcile these differences into a single "conference report." Their importance has declined—the 104th Congress produced 67 conference reports compared to just 7 in the 115th Congress. Party leaders increasingly bypass this process to maintain control over bills.

Noteworthy investigation: The House Select Committee on Benghazi spent two years and $7 million investigating the 2012 terrorist attack on the US embassy in Libya. After interviewing over 100 witnesses (including Hillary Clinton), they produced an 800-page report but found no new evidence of wrongdoing.

The committee system enables Congress to develop expertise in policy areas and conduct thorough scrutiny, though increasing partisanship has altered how some committees function.