US Congress Structure and Powers

House of Representatives

• Maximum membership: 435 members
• Election cycle: Every two years
• Representation: Based on population; a census is taken every 10 years
• Election method: Elected by the people
• Qualifications: Must be 25 years old, US citizen for 7 years, and a resident of the state represented
• Special powers/facts: Create bills related to taxes; the Speaker of the House is the leader

Senate

• Maximum membership: 100 members
• Election cycle: Every six years
• Representation: Equal per state
• Election method: Elected by the people
• Qualifications: Must be 30 years old, US citizen for 9 years
• Special Powers/Facts: Try impeachment trials; the Vice President of the U.S. is the leader

Special Powers of Congress

• Collecting taxes
• Regulating trade
• Organizing courts
• The Necessary and Proper Clause (elastic clause): Stretches congressional power
• Supremacy Clause (Article Six): Federal law supersedes state laws
• Makes laws
• Collects taxes
• Borrowing money
• Override a President's veto
• Approves treaties (Senate)
• Impeach and remove officials
• Prints and coins money
• Power to create post offices
• Power to declare war

Legislative Branch

• The branch of government that makes the laws

Necessary and Proper Clause (Elastic Clause)

• Allows Congress to stretch its power to carry out necessary laws for executing other powers, based on the Constitution

Separation of Powers

• Divides governmental power among the legislative, judicial, and executive branches to limit the power of one branch

Checks and Balances

• A system where the three branches of government limit each other's power.

How a Bill Becomes a Law

• Proposed in Congress
• Passes both houses
• Goes to the President
• The President can sign it into law or veto it
• Congress can override a veto with a supermajority.

Article 2: President of the United States

• Facts:
  • Four-year terms
  • Can only be served twice
  • 15 departments make up the Presidential Cabinet
• Qualifications:
  • Natural-born citizen or citizen of the U.S.
  • At least 35 years old
  • Lived in the U.S. for at least 14 years
• Duties:
  • Carries out the laws
  • Makes treaties (with Senate approval)

Presidential Powers

• Appointments: Appoints Supreme Court justices, cabinet members, and ambassadors, but the Senate must approve
• Treaties: Negotiates treaties but the Senate approves or rejects them
• War: Commander-in-Chief of the armed forces; Congress declares war
• Veto: Can veto laws, but Congress can override with a supermajority
• Pardons: Can issue pardons to reverse criminal convictions
• Executive Orders: Declarations with the force of law, usually based on existing laws
• Emergency Wartime Powers
• Checks & Balances: The Checks that the Executive branch has over the Legislative branch:
  • Veto laws
  • Propose laws
  • Ability to call in special sessions of Congress
  • Negotiate with foreign treaties
  • Make appointments

Article 3: Supreme Court

• Facts: Nine justices (one Chief Justice, eight Associate Justices)
• Qualifications: No specific qualifications mentioned in the Constitution (age, education, profession, or native-born citizenship)
• Special Facts: Supreme Court does not have to hear every case; 6 justices must be present to hear a case; President nominates justices, Senate confirms
• Supreme Court History: First Judiciary Act of 1789 set the number of Justices at six; Judiciary Act of 1869 set the number at nine. The number of Justices has not changed since

Rules, Qualifications, Powers of the Supreme Court

• Interprets and upholds the Constitution
• Primarily hears appeals
• Has original jurisdiction in specific cases

Marbury v. Madison (1803)

• Case summary: Thomas Jefferson takes office; and one of Adams appointees, Marbury, didn't get his official papers. Marbury requests that the Supreme Court forces Madison, Jefferson's secretary to deliver the papers.
• Summary of Court's Decision: Madison's actions are improper, but the law that allowed Marbury to ask the Supreme Court was not. Because the law was invalid, the Supreme Court decided it couldn't help Marbury.
• Impact: Established the power of judicial review.

McCulloch v. Maryland (1819)

• Court established that the necessary and proper clause allows Congress to create laws needed to carry out its constitutional powers.

Gibbons v. Ogden (1824)

• Supreme Court broadened the interpretation of the Commerce Clause, giving the federal government significant control over interstate commerce.

Worcester v. Georgia (1832)

• The Court ruled against Georgia's attempts to remove Cherokee people from their land and declared the state's actions unconstitutional, affirming the sovereignty of the Cherokee Nation.

Loving v. Virginia (1967)

• The Court struck down the Virginia law prohibiting interracial marriage, noting it violated the Equal Protection Clause of the 14th Amendment.

Tinker v. Des Moines (1969)

• The Court upheld the right of students to express their views by wearing black armbands in protest (First Amendment right to free speech).

Obergefell v. Hodges (2015)

• Court declared that same-sex couples have the right to marriage licenses and other state benefits based on the Equal Protection Clause of the 14th Amendment.

Rights for the States

• Citizens of each state receive all privileges and immunities within other states.
• States must extradite individuals charged with crimes in other states.
• Runaway slaves or indentured servants must be returned.
• New states can be admitted by Congress, but not created by splitting existing states without Congressional approval.

Powers Reserved for the State Governments

• Create corporation law
• Regulate trade within state
• Maintain schools
• Establish local governments
• Make laws about marriage and divorce
• Conduct elections
• Provide for public safety

Shared Powers Between Federal and State Governments

• Guarantee civil rights
• Levy and collect taxes
• Provide for public safety
• Protect public health
• Establish courts
• Punish lawbreakers
• Borrow money
• Construct and maintain roads

Article 5: Amendment Process

• Two ways to amend the Constitution: By Congress (2/3 vote in both houses, then 3/4 of states agree) or via a convention called by 2/3 of states (then 3/4 of states agree).

Vocabulary

• Amendment—change to the Constitution.
• Law—rule based on accepted principles as enforceable.
• Ratify—to approve.

This quiz explores the structure and powers of the US Congress, covering both the House of Representatives and the Senate. Learn about their membership, election cycles, qualifications, and special powers. Test your knowledge on how these two bodies operate within the federal government.