US Government Legislative Branch Overview

Legislative Branch (Congress)

• Congress is the law-making branch of the US government
• It is bicameral, composed of two houses: the House of Representatives (HOR) and the Senate
• This bicameral structure was part of the Great Compromise, designed to balance power and prevent too much power concentrating in single body
• There are a total of 535 members in Congress
• 435 members in the House of Representatives
• 100 members in the Senate

House of Representatives (HOR)

• There are 435 members in the House
• The number of representatives each state receives is based on its population
• Each state is guaranteed at least one representative
• Originally, the House had 59 members in 1789
• Currently, there are 218 Republicans and 212 Democrats
• Members serve two-year terms. All members are up for reelection at the same time
• Elections take place every two years on the first Tuesday after the first Monday in November
• Two-year terms ensure responsiveness to the public will and feelings
• 95% of incumbents win reelection; in 2020, 13 incumbents lost (all Democrats)
• Minimum age for a Representative is 25
• Minimum residency requirement is seven years as a US citizen.
• Representatives must live in the state they represent.
• Every 10 years, a census is taken to count the population of the US
• This determines how many representatives each state receives in the House
• Each member currently represents approximately 750,000 people
• Districts are redrawn to reflect population shifts, a process that can be subject to gerrymandering

Senate

• One hundred senators (2 per state)
• Currently, there are 49 Democrats and 49 Republicans, with 1 independent
• Senators are elected by voters in a popular vote, though before the 17th amendment, they were chosen by state legislatures
• Senators serve six-year terms
• One-third of Senators are up for reelection every two years
• Unlike the House, the Senate has no limit on the amount of time a senator can speak during debate.
• Minimum age to serve is 30
• Senators are US citizens for at least nine years
• Senators must live in the state they represent

Congressional Elections

• Primary elections are held in June to determine the candidates for each party who will run in the general election
• General elections are held in November, with the winner being the candidate who receives the most popular votes, meaning they win the seat.
• California uses a different system: the top two candidates, regardless of party, advance to the general election

Committees

• Congressional work is largely done in committees
• All members of the house and senate serve on committees
• Members typically serve on two standing and four subcommittees
• Standing committees are permanent; there are subcommittees within them
• Party in charge of Congress holds committee leadership positions
• The seniority rule generally determines who leads each committee; the longest serving member of the controlling party usually heads the committee
• Committee chair determines the bills that come up for a vote

Congressional Power

• Congress’ powers are limited by the Constitution and the division of power between federal and state governments
• Powers are separated into expressed and implied powers
• Expressed powers are explicitly stated in the Constitution (Article 1, Section 8, clauses 1-18)
• Implied powers are not explicitly stated but are considered necessary to carry out the expressed powers

Congressional Compensation and Perks

• Members of Congress are responsible for setting their own salaries (though the 27th amendment pertains)
• Annual salary for US Representatives and Senators is currently $174,000
• Members enjoy perks like travel, medical insurance, retirement plans, office staff, free mail, parking, and gyms.

Explore the structure and function of the US Congress with this quiz. Learn about the bicameral composition, the House of Representatives, and key facts about its members. Test your knowledge on how Congress operates and its role within the government.