Understanding the Powers of the US Congress

The People's Branch

• The Congress makes laws, but the President has no direct power to pass legislation.
• The people elect their Senators and Representatives, who are expected to reflect the will of the people.

The Influence of the People

• Members of Congress often visit their home districts and states to keep in touch with their constituents' views.
• They also read their mail, keep in touch with local and state political leaders, and meet with their constituents in Washington.
• Completely ignoring one's constituency would be foolhardy if the politician hoped to be reelected.

Party View

• Congress is organized primarily along party lines, so party membership is an important determinant of a member's vote.
• Each party develops its own version of many important bills, and party leaders actively pressure members to vote according to party views.
• Representatives and Senators vote along party lines about three-fourths of the time.

Personal View

• If a Representative or Senator seriously disagrees with the views of their constituents on a particular issue, they must decide how to vote.
• Some argue that Personal View is most important, as the people vote for candidates whose judgment they trust.
• If the people disagree with their decisions, they can always vote them out of office.

The Nature of Democratic Discourse

• Gridlock can occur when the legislative branch of Congress and the executive branch of the President are led by different political parties.
• Coming to agreement on new legislation during these periods of divided government can prove difficult.
• American voters prefer divided government, which prevents any one party from moving too quickly with their legislative agenda.

The Power of Congress

• At its creation in 1789, the legislative branch was the most innovative and represented the new style of government.
• The founders intended Congress to have more powers than the President and the Supreme Court.
• The power of Congress is both constitutional and evolutionary.

Constitutional Powers

• The Constitution specifically grants Congress the authority to make laws.
• A bill or proposed law only becomes a law after both the House of Representatives and the Senate have approved it in the same form.
• Congress also has the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions.

Special Powers of the House of Representatives

• Revenue bills must originate in the House of Representatives.
• The House has the power of impeachment, and a simple majority vote can impeach an elected official.

Special Powers of the Senate

• The Senate must confirm major presidential appointments, including federal judges, ambassadors, and cabinet positions.
• The Senate approves treaties with other nations, which requires a two-thirds vote.
• The Senate tries impeachment officials, and a two-thirds majority can convict the individual and remove them from office.

Important Constitutional Differences between the House and the Senate

• House of Representatives: initiates all revenue bills, initiates impeachment procedures, has a two-year term, and has 435 members (appointed by population).
• Senate: must confirm many major presidential appointments, tries impeachment officials, has a six-year term, and has 100 members (two from each state).