Congress of the United States
Congress of the United States
CONGRESS OF THE UNITED STATES
The Congress of the United States is the highest lawmaking body in the United States and one of the oldest national legislatures in the world. Established under the terms of the U.S. Constitution in 1789, the House of Representatives and the Senate have for over 200 years created the federal laws governing the United States. Congress remains one of the few national assemblies that research and draft their own legislation rather than simply voting on bills created by the government in power. In addition to its legislative functions, the U.S. Congress is empowered by the Constitution to ensure that the administration of government is carried out according to the laws it establishes, to conduct special investigations, and to exercise other special powers in relation to the executive and the judiciary.
Speaker of the House
As the presiding officer of the House of Representatives, the Speaker of the House holds one of the highest positions in Congress. The position is filled at the start of each two-year term in a vote by the full House membership. The selection of the Speaker is generally determined by the majority party, and thus the Speaker is always a leading member of that party. The Speaker's broad powers and privileges allow the majority to control the House's legislative agenda.
The significance of the office cannot be underestimated. The Speaker is in a position to set the rules of the House and to adjudicate when procedural conflicts arise. The Speaker's rulings can be challenged, but rarely are; traditionally, they are final. Behind the scenes, the office's power is even broader. This is because voting is a relatively small part of the House's business: its essential legislative work is done in committees. The Speaker plays a vital role in appointing committee chairs, influences the referral of bills to the committees, and effectively decides the timetables of the bills. Bills favored by the Speaker will leave committee more quickly and come to an early vote. The minority party's concerns will wait.
Outside Congress, the Speaker customarily enjoys high visibility in U.S. politics. The media frequently report the Speaker's opinions, transforming the office into a political bully pulpit much like that of the Senate majority leader, and the Speaker often campaigns for party loyalists in election years. Depending on which party occupies the White House, the Speaker can be either a strategically placed ally or powerful foe of the president. The relationship between the two branches of government does not end there: under the rules of succession, the Speaker is second in line after the vice president to assume the presidency.
Not every Speaker has been a high-profile individual. In 1999, the House elected J. Dennis Hastert (R-IL) to serve as Speaker, replacing newton gingrich. Hastert served as a high school teacher for 16 years until he was elected to the Illinois House of Representatives, where he served for six years. He was elected to Congress in 1986.
Hastert has retained a relatively low profile in his two terms as Speaker, especially compared to that of his immediate predecessor. Gingrich was largely credited with leading Republican victories in Congress in 1994, when the GOP took control of both houses for the first time since 1954. He remained in the public spotlight for the next four years, including strong advocacy to fulfill the contract with america and other GOP programs. However, in 1997, he faced several charges for ethical violations stemming from alleged use of official House resources for unofficial purposes, and he was reprimanded and fined $300,000 by the House. Gingrich resigned suddenly in November 1998, almost exactly four years after the 1994 Republican victory.
Loomis, Burdett A. 2000. The Contemporary Congress. Boston: Bedford/St. Martin's.
History and Structure
Between 1774 and 1789, the continental congress served as the federal lawmaking body for the 13 American colonies and (after it passed the Declaration of Independence on July 4, 1776) the United States. The Continental Congress proved to be an ineffective national legislature, however, particularly after ratification of its founding constitution, the articles of confederation, in 1781. This congress lacked the authority to raise funds from the states and was not adept at the administration of federal government.
Senate Majority Leader
The Senate majority leader has somewhat less official power than the Speaker of the House. This is because the vice president is technically the Senate's presiding officer, a ceremonial position that calls chiefly for casting a vote in the event of a tie. The Senate majority leader's official duties include helping make committee appointments, helping establish a legislative timetable, and directing debate. Notably, in the Senate, these duties usually involve consultation with the leadership of the minority party. The comparatively diminished procedural powers of the majority leader hardly reduce the position's significance. As chief strategist and spokesperson for the majority party, the majority leader exercises considerable influence over political debate, and certain unique duties of the Senate itself lend extra influence to the role.
Differences between the House and Senate account for the contrasts in leadership duties. The House sends bills to the Senate, where they are debated extensively at a slower, more deliberate pace. For this reason, the majority leader is chosen from within the party's caucus less for the Senator's bureaucratic efficiency than for his or her knowledge, experience, and persuasive abilities. The Senate leader does not have the House Speaker's extensive authority over the legislative agenda: instead, bills are called up for debate depending on when the committees report them and on when both parties' leaders have agreed to schedule them. The majority leader can speed up the process for certain bills but requires the unanimous consent of the Senate to do so.
However, the majority leader exercises influence in important areas not open to the House Speaker. Only the Senate can approve treaties with foreign governments, and the Senate alone has the authority to confirm presidential nominations to the cabinet and federal courts. The majority leader, assisted by a lieutenant known as the majority whip, seeks to marshal the votes of the party's members on these matters. The responsiveness of the majority leader to the president's wishes thus plays a crucial role in shaping domestic and foreign policy as well as the composition of the federal judiciary.
The national importance of the majority leader was highlighted in December 2002 when Senator trent lott (R-MS) was engulfed in a firestorm of public criticism that forced him to give up his position as majority leader in the Congress beginning in January 2003. Lott, who had served as majority leader from 1996 until 2001, ignited the controversy at a 100th-birthday tribute to Sen. strom thurmond (RSC). Lott said he was proud Mississippi had voted for Thurmond for president in 1948, when the South Carolinian ran on the segregationist "Dixiecrat" platform. Lott then said: "If the rest of the country had followed our lead, we wouldn't have had all these problems over the years."
Once this statement was picked up by the press, Lott tried several times to explain that his statement did not mean to imply he supported segregation or was a racist. President george w. bush, while supporting Lott in his leadership position, chastised his comments; within days commentators speculated how long Lott could hold on to his post. Three weeks after he made the comments, Lott resigned his leadership position. Senator Bill Frist (R-TN) succeeded Lott as majority leader. The episode made clear that Senate majority leaders have both an institutional role and a national leadership role in U.S. government.
Dinan, Stephen. 2002. "White House Turns Up the Heat When Lott Support Deteriorates." The Washington Times (December 21).
Redman, Eric, and Richard E. Neustadt. 2001. The Dance of Legislation.Seattle: Univer. of Washington Press.
The Framers of the Constitution, meeting in the Constitutional Convention of 1787, attempted to repair the shortcomings of the Continental Congress by creating a more effective federal legislature. The resulting Congress, made up of a House of Representatives and a Senate, first met with a quorum of members on April 1, 1789, in New York City, eventually reaching its full size at 65 representatives and 26 senators.
How a Bill Becomes a Law
Before a federal law can exist in the United States, it must first be introduced as a bill in Congress, and then pass through a series of steps. At any of these steps it may be effectively vetoed, or nullified, if it does not attract a majority of support. As a result, only a small percentage of all bills succeed in becoming laws. In the 103d Congress (1993–95), for example, 8,544 public bills and joint resolutions (generally the same as bills) were introduced, and only 465 became laws.
Introduction of bills Bills must be introduced, or sponsored, by a member of the House or Senate. Most bills are introduced simultaneously in both houses in order to speed their passage. Sponsored bills are placed in the "hopper," a mahogany box near the House Speaker's podium. A bill may be cosponsored by other members of Congress in order to earn wider political support. Bills receive special designation codes to identify their house of origin and the order in which they have been received. For example, the code H.R. 171 designates the 171st House bill of that congressional term, and S. 52 indicates the fifty-second Senate bill.
Ideas for bills may come from a variety of sources other than members of Congress, including the president, other government officials, interest groups, scholars, constituents, staff, and state and local officials. Although a member of Congress must sponsor a bill, anyone may draft a bill. Proposed bills are often drafted by executive agencies and special interest groups. Also, experts in the Senate and House offices of legislative counsel help members of Congress draft bills.
Frequently, bills are grouped together into comprehensive bills, also called omnibus bills or package bills, to increase their chances of approval. This practice has become increasingly common, and as a result, Congress has enacted fewer but lengthier laws in recent decades.
Bills may be either private or public. Public bills include those authorizing spending for the federal government and those establishing the federal laws applicable to the general public, including criminal laws. Private bills deal with more specialized matters such as the claims of individuals regarding land titles and citizenship. If approved, these bills become private laws.
Although most laws originate as bills, some originate as joint resolutions, designated H.R.J. Res. or S.J. Res. Joint resolutions must pass through the same hurdles as bills, including required acceptance by both houses and the president, but generally deal with more limited matters. Constitutional amendments begin as joint resolutions, though they require ratification by three-fourths of the states instead of presidential approval.
Bills introduced in Congress must be approved by both houses in identical form during the congressional term in which they are introduced. (Each congressional term is two years; the 100th Congress, for example, officially began its term at noon on January 3, 1987, and ended it at noon on January 3, 1989.) Thus, a bill that is introduced during the 105th Congress must be passed before the beginning of the 106th Congress. If it is not passed during that congressional term, it must be reintroduced in the next Congress.
Committee action After a bill has been introduced in the House or Senate, it is referred to an appropriate committee by the House Speaker or the presiding officer in the Senate. Committee referral can be a crucial determinant of a bill's success. If a bill is referred to a hostile or unreceptive committee, it may fail to be reported out of the committee, or be passed.
A committee assigns the bill to a subcommittee, which may hold hearings to consider the bill's merits. The subcommittee often amends the bill, in a procedure known as markup. After the subcommittee completes its work, the committee votes to approve and report the bill with amendments; to make further amendments; or to table the bill—that is, take no more action on it.
House Rules Committee House bills, unlike Senate bills, must pass through a rules committee before proceeding to the House floor. The House Rules Committee establishes the limits for debate and amendment of the bill, elements that can determine the bill's outcome. The Speaker of the House appoints all majority party members to the committee and exerts great influence over the committee and, as a result, the fate of legislation in the House.
Floor action Bills that are reported out of committee—including those that have passed through the House Rules Committee—proceed to the floor of the House and Senate.
The Speaker decides when the House will debate a bill. On the day that a bill is scheduled for debate, the House first votes on the rules of debate proposed by the Rules Committee. Once these have been approved, general debate begins. The typical length of general debate on the House floor is one to two hours, but for a controversial bill, debate may last four to ten hours. Each political party receives an equal amount of time to debate the bill.
After general debate, the bill proceeds to the amending phase. Here, House members engage in more lively debate as they attempt to win passage of the bill or kill it through the amendment process. Successful amendments can greatly alter proposed legislation, and even unsuccessful amendments can win significant publicity for a representative. During this process, House members vote on each amendment as it comes up for consideration.
Finally, after all amendments have been made, the House votes on the bill. Usually, this vote is recorded. Since 1973 the House has used an electronic voting system in which members insert a personalized card (roughly the size of a credit card) into one of more than forty voting stations on the House floor. They then press a button indicating whether their vote is Yea, Nay, or Present.
Because it is a much smaller body, the Senate maintains floor procedures that are much less formal than those of the House. The Senate allows each of its members more freedom to debate bills, and it allows the minority party to make more decisions than in the House.
Scheduling of bills in the Senate is determined jointly by the majority and minority party leadership, though the majority leader makes the final decisions. For most bills, the majority leader then obtains the unanimous consent of the Senate regarding the date a bill will be brought to the floor and the rules regarding its amendment and debate. Generally, senators are able to offer an unlimited number of floor amendments during debate. Debate is also theoretically unlimited; it does not end until all members are through talking. The Senate has a rule passed in 1917 called a cloture rule, which limits debate to thirty hours before a final vote is taken on a bill. The cloture rule is difficult to invoke because it requires the approval of sixty senators.
During floor debate, senators may engage in a practice called the filibuster, in which they speak on the floor for many hours in order to delay, defeat, or amend a bill. A senator may filibuster for as long as he or she can remain standing. Two senators may work together in a filibuster; when one tires, the other continues. In 1957 Senator strom thurmond, of South Carolina, then a Democrat, set the record for the longest solo filibuster in Senate history when he spoke for twenty-four hours and eighteen minutes in an attempt to defeat a civil rights bill.
After debate is over, the Senate conducts a roll call vote to determine whether the bill passes or fails. In a roll call vote, each senator is asked to state aloud his or her vote on the bill.
Conference committee If the House and Senate versions of a bill differ, the two chambers form a conference committee to resolve the discrepancies. Roughly 10 to 15 percent of all bills—usually the most controversial ones—passed by Congress end up in a conference committee. Members of the conference committee are typically drawn from the committees that reported the bill. During the 1980s and 1990s, conference committees sometimes became quite large, involving as many as two hundred conferees when debating large budget measures. Party ratios on these committees reflect the ratios in Congress itself. Since 1975 conference meetings have been open to the public.
When the conference committee is done, a majority of conferees from each house sign the compromise bill and report it to Congress. The House and Senate then vote to approve the common bill. No amendments are allowed at this point. Because members have invested much time and effort in the bill by the time it has left a conference committee, it is nearly always approved.
Enactment into law Following approval by both houses of Congress, a bill is presented to the president for approval. Article I, Section 7, of the Constitution outlines the procedure for presidential judgment of legislation. The president has four options: sign the bill, which makes it law; veto the bill and return it to Congress; refuse to take any action, in which case, after ten days, the bill becomes law without the president's signature; or, if less than ten days are left in the congressional term, "pocket veto" the bill by not signing it (because Congress has no time to take up the bill, the pocket veto kills the bill).
In the case of a normal veto, the bill must be approved again by Congress, this time by a two-thirds majority in each house. Because of this supermajority requirement, vetoes are difficult to override. No amendments can be made to a vetoed bill. Congress is not required to vote on a vetoed bill, and such bills are often simply referred to committee and tabled.
Article I of the Constitution sets forth the basic form and powers of Congress. As designed by the Constitution's Framers, the House is more responsive to public sentiment, and the Senate is a more deliberate and stable body. james madison, writing in The Federalist, no. 62, argued that members of the Senate should have a "tenure of considerable duration" and should be fewer in number in order to avoid the "intemperate and pernicious resolutions" often passed by "single and numerous" legislative assemblies. Accordingly, the Constitution requires that senators serve six years in office, with one-third of them up for reelection every two years—whereas all House members, called representatives, go up for reelection every two years. In addition, the Constitution requires that senators be at least 30 years old to take office, whereas representatives must be a minimum of 25 years old. Moreover, senators were originally elected by state legislatures and representatives rather than the general population, but this procedure
was ended with the passage of the seventeenth amendment in 1913.
Congress has grown steadily in size as the nation has gained population and added states. The House reached its current size of 435 members in 1912, and the Permanent Apportionment Act of 1929 (46 Stat. 21, 26, 27) fixed its size at this number. The Senate reached 100 members after the admission of Hawaii as a state in 1959.
Powers of Congress
Article I, Section 8, of the Constitution defines the powers of Congress. These include the powers to assess and collect taxes; to regulate commerce, both interstate and with foreign nations; to coin money; to establish post offices and post roads; to establish federal courts inferior to the Supreme Court; to declare war; to establish rules for the government; and to raise and maintain an army and navy.
Article I, Section 8, also declares that "Congress shall have Power … To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Called the necessary and proper clause or the Implied Powers Clause, this part of the Constitution enables Congress to undertake activities not specifically enumerated by the Constitution but implied by its provisions. The Necessary and Proper Clause has been used to greatly expand congressional authority (mcculloch v. maryland, 17 U.S. [4 Wheat.] 316, 4 L. Ed. 579 ).
Another power vested in Congress is the right to propose amendments to the Constitution upon approval by two-thirds of both houses. Should two-thirds of the state legislatures demand changes in the Constitution, Congress must call a constitutional convention. Proposed amendments are valid as part of the Constitution when ratified by the legislatures or by conventions of three-fourths of the states. Either means of ratification may be proposed by Congress.
Congress retains a number of other special powers. It may act as a judicial body to impeach and try a president or other civil officer for misconduct; in such cases, the House impeaches, or charges, the official, and the Senate conducts the trial. Congress is also empowered to create and use administrative agencies and boards, such as the National Highway Traffic Safety Administration and the national mediation board,to determine facts and to enforce its legislative policies and enactments.
The Constitution vests each house of Congress with distinct powers as well. The House, for example, has sole responsibility for originating all tax bills, and the Senate has power to approve treaties. The House also chooses the president and vice president if no candidate wins a majority of electoral votes in the presidential election.
Section 9 of Article I of the Constitution imposes prohibitions upon Congress. This section forbids Congress to suspend the privilege of habeas corpus, except in cases of rebellion; to pass ex post facto, or retroactive, laws; to impose duties on exports; or to grant titles of nobility.
Seats in the Senate are apportioned, or distributed, evenly across the states, with each state receiving two. Seats in the House of Representatives are apportioned between the states on the basis of population, with the most populated states receiving the most representatives and no state receiving less than one. The Constitution requires that a census be conducted every ten years in order to determine the number of seats allotted to each state. An apportionment method called equal proportions is used so that no state will receive less than one member.
The Constitution does not mandate that states having more than one representative be divided into congressional districts, although a state legislature can make such a division. States cannot apportion congressional districts on a discriminatory or unreasonable basis.
The Senate and the House of Representatives, acting together or independently, can authorize investigations, or hearings, to obtain information for use in connection with the exercise of their constitutional powers. Information gathered in congressional hearings helps lawmakers draft legislation and monitor the actions of government. It also informs the public about important issues confronting the nation. Noted congressional investigations have included the teapot dome inquiry in 1923, the 1973–74 Senate watergate hearings, and the iran-contra investigation in 1987. Congress has also examined perceived threats to the government, as in the Army-McCarthy hearings of 1954 in which Senator joseph r. mccarthy (R-WI) led an investigation into Communist influence in the U.S. government.
A congressional committee may conduct an appropriate investigation under the authority granted to it, but the methods used in the exercise of its investigative power must not violate the constitutional rights of those under investigation. The extent of the authority of a congressional committee must be determined at the time the particular information is sought and cannot be extended by later action of Congress.
Congressional investigations can be held to obtain information in connection with Congress's power to legislate and to appropriate funds, in addition to other express powers it possesses. Congress has wide discretion to determine the subject matter it studies as well as the scope and extent of its inquiry. An investigation must, however, be based on direct statements made to Congress, its members, or its committees. Congress or its committees may not indiscriminately examine private citizens in order to learn valuable information or to inhibit the exercise of constitutionally protected rights, such as freedom of speech.
Individuals summoned in a proper manner, or subpoenaed, by Congress or a committee must comply and conform with the summoner's procedure. However, witnesses are legally entitled to refuse to answer questions that are beyond the power of the investigating body or that are irrelevant to the matter under inquiry. A witness who has not been given a grant of immunity can refuse to answer questions that tend to be incriminating under the protection afforded by the Self-Incrimination Clause of the fifth amendment to the Constitution.
Committees and Staff
The work of preparing and considering legislation is done largely by committees of both houses of Congress. The membership of the standing committees of each house is chosen by the political parties in Congress. Committee seats are generally distributed to members of different political parties in a ratio equivalent to party membership in the larger House or Senate. Thus, if a party has two-thirds of the seats in the House, it will have approximately two-thirds of the seats in each House committee.
Each bill and resolution is usually referred to the appropriate committee, which may report it
out (send it to the floor of the House or Senate) in its original form, favorably or unfavorably; recommend amendments; or allow it to die in committee without action.
A growing workload and the increasingly complex nature of the legislation it passes have caused Congress to hire an increasing number of staff. Thousands of staff workers support the Congressional members in their work.
Corwin, Edward S. 1978. The Constitution and What It Means Today. 14th ed. Rev. Harold W. Chase and Craig R. Ducat. Princeton, N.J.: Princeton Univ. Press.
Davidson, Roger H., and Walter J. Oleszek. 1981– . Congress and Its Members. Washington, D.C.: Congressional Quarterly.
Egan, Tracie. 2004. How a Bill Becomes a Law. New York: Rosen Pub. Group.
Felten, Eric. 1992. The Ruling Class: Inside the Imperial Congress. Washington, D.C.: Heritage Foundation.
"Gingrich Puts More Power into Speaker's Hands." 1995. Congressional Quarterly Weekly Report (October 7).
"Glossary of Congressional Terms." Congressional Quarterly's Washington Alert (February).
Harrigan, John J. 1984. Politics and the American Future. Reading, Mass.: Addison-Wesley.
"How a Bill Becomes Law." 1994. Congressional Quarterly's Washington Alert.
Jones, Gordon S., and John A. Marini, eds. 1989. The Imperial Congress: Crisis in the Separation of Powers. Mahwah, NJ: World Almanac Books.
Oleszek, Walter J. 1989. Congressional Procedures and the Policy Process. 3d ed. Washington, D.C.: Congressional Quarterly.
Riddick, Floyd M. 1985. Majority and Minority Leaders of the Senate. Washington, D.C.: U.S. Government Printing Office, April 3. S. Doc. 99-3.
The federal House and Senate developed in parallel but distinct ways. That was a function of their innate institutional differences and of the people who served in both chambers. Although still different, there was a marked convergence by the 1820s as both chambers became visible and responsive legislatures. After the Missouri Crisis of 1819–1821, the Senate took on a new and more prominent role as the protector of slave state interests during the antebellum period. The balance between slave and nonslave states in the Senate became slave states' prerequisite for union.
continental and confederation congresses
Except for the short-lived Albany Congress of 1754, the first Continental Congress (1774) was the initial assembly to bring together representatives of all the colonies and then the states. The Second Continental Congress (1775–1781) faced several daunting challenges. Many men would gain national reputations and valuable leadership experience through their service in the two Continental Congresses, including John Adams, Thomas Jefferson, James Madison, and Alexander Hamilton. The Continental Congress became the Confederation Congress with the ratification of the Articles of Confederation in 1781.
The Continental Congress acted without a formal grant of power from the colonies. During the imperial crisis, its main role was to forge a consensus among the colonies for independence and then to manage the war. Delegates were representatives of their colonies and later their states. For instance, the New York delegates did not vote for independence on 2 July 1776 because they had yet to receive instructions allowing them to do so. As the war progressed, the Continental Congress assumed increasing responsibility for conducting and financing the war. Operating without a general grant of power from the states proved difficult for the delegates and demonstrated the need for a more permanent arrangement. Congress sent the states the nation's first national constitution, the Articles of Confederation, in 1777. The Articles were more a list of what Congress could not do than what it could. It could not tax or raise troops. For money, it could only request funds from states. Yet it had wide-ranging responsibilities. The states did not ratify the Articles until 1781, when conflicts between the states over claims to western lands were finally resolved. Congress governed within the proposed framework prior to ratification.
The Articles created a workable union during the war, but with peace in 1783, the new nation had to deal with difficult issues like repaying the debt. Because Congress could not raise revenue independently, repayment proved to be virtually impossible. Twice, in 1781 and 1783, Congress proposed giving itself the power to lay an impost, only to have it defeated by Rhode Island and Virginia, and New York respectively. Structurally, the Articles posed certain obstacles. Each state had one vote. Members could serve only three of every six years and were elected annually, which meant the Congress suffered from a great turnover and a dearth of institutional memory. State legislatures elected, paid, instructed, and recalled their delegates. The Articles required the assent of nine states on the final passage of legislation, the ratification of treaties, and a simple majority of all states (not just those present) on all preliminary questions. Thus, obstructionism through absenteeism was rampant. The Articles required unanimous approval of both Congress and the individual state legislatures for any amendment. This provision, among others, convinced many people that reform within the system was impossible. When states sent delegates to Philadelphia in May 1787 to amend the Articles, the Convention produced a new constitution.
congress and the constitution
The Constitutional Convention, except for a brief but paralyzing flirtation with a unicameral legislature—a Confederation Congress with more powers—committed itself to a bicameral legislature. The Convention's "great compromise" settled the issue of representation: the people would be represented in the House of Representatives and the states in the Senate. The new government had the power to raise taxes with the requirement that all revenue bills originate in the House. In contrast to the Articles, the Constitution set no term limits for representatives or senators, states had no power to recall their senators, members received their salaries from the federal government, and members voted individually. Bills could be passed by simple majorities of those present, treaties ratified by two-thirds of the senators present, and the Constitution amended without unanimous consent. During the ratification debates, there was much less controversy surrounding the House than the Senate, which possessed legislative, executive, and judicial powers. The House was clearly the people's chamber, whereas the Senate could have been the representative of the states, the president's council, and/or the check on the House. When the First Congress met in March 1789, there was much more uncertainty about the Senate's role than the House's.
early rules and practices
Once Congress achieved a quorum, the House went to work on the impost, whereas the Senate spent weeks debating the president's title. The House rejected the Senate's monarchical title and the latter eventually conceded defeat. Thus, the House and Senate's relationship began contentiously, but members of each chamber came to respect the other's independence and equality. On salaries, the House reluctantly conceded superiority to the Senate. During the seventh year of the salary law of 1789, senators earned one dollar more per day than representatives, but when Congress considered a new law in 1796, House members rejected the differential. Senators did not challenge the House for fear of courting unpopularity. The House also refused to accept any distinctions in the way the chambers communicated with each other. When the Senate proposed that messages from the House to the Senate be carried by at least two members and its messages to the House be carried by the Senate secretary, the House rejected this ceremonial difference. The clerk of the House and secretary of the Senate ferried messages back and forth. Thus, any superiority was not lightly conceded.
The clerk and secretary were each responsible for maintaining the records of their respective chambers. Although a Federalist, Samuel A. Otis served as secretary of the Senate from 1789 until his death in 1814. Two former senators succeeded him. Otis weathered the Republican takeover in 1801 by granting the Senate printing contract to Republican printer William Duane. In contrast, John Beckley, the House's first clerk, became a Democratic Republican operative as the parties formed. He lost his job to a Federalist in 1797, but regained it in 1801 when the Democratic Republicans gained control of the House. These two men established important precedents for congressional recordkeeping.
As the "people's house," the House immediately opened its doors and proceedings to the public, but both houses relied on local newspaper editors to record debates and publish revised remarks submitted by members. In the late 1840s, both houses contracted with stenographers, but did not take responsibility for recording and publishing their own debates until after the Civil War. The Senate met behind closed doors until 1794, only opening them after much agitation by both states and senators—mostly southern. When it opened its deliberations, the public and reporters attended only sporadically. It was not until the Missouri Crisis that the Senate attracted more spectators than the House. Previously, senators had often adjourned their chamber so they could attend House debates. In the 1820s that trend reversed.
At first, the House garnered more attention and did more visible work than the Senate. The House initiated far more legislation and received more petitions than the Senate until the mid-1810s. Initially, the Senate was a revisory body and generally followed the House's lead in legislation. This changed during the 1810s when the Senate willingly undertook more investigations of individuals' claims and initiated more bills. In this way the House and Senate converged.
Both chambers adopted a standing committee system after the War of 1812 (1812–1815). At first, they used extensive systems of ad hoc select committees that were appointed for specific purposes. The Senate adopted a standing committee system in December 1816 when it created eleven standing committees. The House created three standing committees in the 1790s but did not formally adopt a standing committee system until after the Senate had. The House designated Claims (1794) and Commerce and Manufactures (1795) as standing committees. These two committees allowed the House to reclaim responsibility for petitions and control of individual claims from the executive branch. In 1795 Albert Gallatin of Pennsylvania moved to create a committee of ways and means for the explicit purpose of curbing Secretary of the Treasury Alexander Hamilton's influence over Congress and financial policy. Congress officially made the Ways and Means Committee a standing committee in 1802. Ironically, when Virginian John Randolph of Roanoke chaired this committee, he used his powerful position as a platform to oppose his onetime ally, President Jefferson. In the aftermath of the War of 1812, both houses moved to create more stable committee systems. The House created six new standing committees to audit spending by the executive departments. In 1822 the House reformed its rules and created three additional standing committees: Foreign Affairs, Military Affairs, and Naval Affairs. Significantly, the House adopted rules that curbed the previously routine violations of committees' jurisdictions by other members and gave committees the right to report bills to the floor at their own discretion.
Initially, both the House and Senate elected committee members, except that the House from the beginning allowed the Speaker to appoint committees with three or fewer members. Soon, the Speaker was allowed to appoint all committee members to avoid the time-consuming practice of election. The Senate experimented with appointment by the presiding officer of the Senate just briefly from 1823 to 1826. Because senators objected to Vice President John C. Calhoun's use of the appointment power, they returned to the less efficient election method. The senators instituted separate ballots for chairmen in 1826.
In neither chamber was the workload divided evenly. From the very first day, certain members did more work than others. In the House, Madison quickly emerged as a legislative leader and along with five other members held more than one-fifth of the committee memberships in the First Congress. However, once Madison split with the administration over Hamilton's financial program, he received fewer committee assignments. Thus, partisanship was always an underlying factor in committee assignments. The Speaker of the House was the only official leadership office. During the Third Congress, the election of Speaker was a party contest for the first time. The first men to occupy the office established certain precedents for using it, especially the power to appoint committees, for partisan ends. Henry Clay of Kentucky, who held the speakership from 1811 to 1814, 1815 to 1820, and 1823 to 1825, followed and expanded upon these precedents. He is justifiably credited with creating the modern speakership. The number of ballots required to elect a Speaker was often a good indication of the course to be followed in the congressional session and of the strength of the political parties. During the so-called Era of Good Feelings, when partisanship was weak, fights over the speakership could be particularly fierce. When Clay resigned as Speaker in 1820, it took twenty-two ballots to elect his successor, John W. Taylor of New York. Taylor favored restrictions on slavery's expansion and thus proved to be unacceptable to southern members. After several days of balloting in the next Congress, he was replaced by Virginian Philip P. Barbour.
In the Senate there was no equivalent to the office of Speaker. The vice president presides in the Senate and senators were reluctant to give him any formal power or influence. The vice president essentially ruled on parliamentary questions. Jefferson spent his vice presidency compiling a manual of parliamentary practice that remains in use in the twenty-first century. Various senators served as leaders on particular issues, but it was not until the Missouri Crisis and then the arrival of Henry Clay, John C. Calhoun, and Daniel Webster in the late 1820s and early 1830s that the Senate truly gained its reputation as the premier deliberative body.
While the House, because of its size, quickly adopted rules that limited debate, the Senate's smaller size precluded any real need to impose such limits. In 1806, when the Senate revised its rules, it purged the previous question, which allowed debate to end by majority vote; this was done at the suggestion of Vice President Aaron Burr because the provision was rarely used. Thus, the Senate opened the door to the filibuster; however, the first filibuster did not occur until 1841, and it was seldom used before the 1890s.
the senate's extralegislative powers
In addition to its legislative duties, the Senate also possesses executive and judicial powers. With regard to its executive powers, the Senate did not become a council to the president, but it remained closer to its identity as a deliberative body. President George Washington personally consulted with the Senate about treaty negotiations only once. The exercise proved to be frustrating for senators, who felt they could not freely debate the issues in Washington's presence, and for Washington, who wanted immediate answers to his queries. Thereafter, presidents and the Senate relied on written communications for treaty matters as well as for appointments. Presidents did not always consult senators before they forwarded nominations to the Senate, but senators did retain the power to reject nominees without stating a reason. Senators usually deferred to the opinions of the nominees' home-state senators.
The Senate only exercised its judicial powers twice during this period—both in impeachment trials for federal judges. The trials of Federal District Court judge John Pickering in 1804 and U.S. Supreme Court justice Samuel Chase in 1805 were part of the Jeffersonians' project to purge the judiciary of Federalists. The Republican-controlled Senate, in convicting Pickering but acquitting Chase, established the precedent that the Senate would adhere to principles of law rather than pure politics when trying impeachments.
A few key events proved to be transformative in the history of Congress: Jay's Treaty of 1794, the War of 1812, the Compensation Act of 1816, and the Missouri Crisis. Jay's Treaty defined the limits of the treaty-making power to exclude the House of Representatives. The War of 1812 was a watershed moment in terms of congressional development. Perceived financial mismanagement by the executive departments, the growing complexity of issues, and longer congressional careers led the House and Senate to reorganize their committee structure and become more assertive. Representatives, in particular, had to adjust to a more active electorate, a matter in which the Compensation Act of 1816 proved to be especially instructive. In 1816, before an election, Congress gave itself a raise. Nearly 70 percent of the members of that Congress—much higher than the usual rate of turnover—did not return to the next one. One of the first acts of the new Congress was to repeal the law and reinstitute a per diem pay system. The Missouri Crisis of 1819–1821 was extremely important. The debates surrounding it raised the Senate's profile, both for the quality of debate and its contribution to the resolution of the crisis. The Missouri Compromise originated in the Senate and passed as a package. With the resolution of the crisis, the equality of slave and nonslave states in the Senate became the sine qua non of union in the antebellum period. For the House, the Missouri Crisis demonstrated the chaos that one issue could create in the absence of both strong leadership and political parties. With northern numerical dominance in the chamber, a Speaker who either was from the South or who was sympathetic to it became essential.
During the early national period, the House and the Senate became more equal partners in legislative matters and in responding to individuals' concerns as expressed through petitions. Congress asserted its independence from the executive branch by enhancing its oversight powers. Yet the Senate and House remained distinct. Whereas at first the House over-shadowed the Senate, by the 1820s the Senate eclipsed the House. The Senate's structure and rules provided added protection to minority rights and interests put the Senate at the center of the slavery debates of antebellum America.
Bickford, Charlene Bangs, and Kenneth R. Bowling. Birth of the Nation: The First Federal Congress, 1789–1791. Madison, Wis.: Madison House, 1989.
Bowling, Kenneth R., and Donald R. Kennon, eds. Inventing Congress: Origins and Establishment of the First Federal Congress. Athens: Ohio University Press, 1999.
——, eds. Neither Separate nor Equal: Congress in the 1790s. Athens: Ohio University Press, 2000.
——, eds. The House and the Senate in the 1790s: Petitioning, Lobbying, and Institutional Development. Athens: Ohio University Press, 2002.
De Pauw, Linda G, et al., eds. The Documentary History of the First Federal Congress. 17 vols. Baltimore: Johns Hopkins University Press, 1972–2004.
Hoadley, John F. Origins of American Political Parties, 1789–1803. Lexington: University Press of Kentucky, 1986.
Young, James Sterling. The Washington Community, 1800–1828. New York: Columbia University Press, 1966.
Terri Diane Halperin
Congress of the United States
Congress of the United States, the legislative branch of the federal government, instituted (1789) by Article 1 of the Constitution of the United States, which prescribes its membership and defines its powers. Congress is composed of two houses—the Senate and the House of Representatives.
The senators, two from each state, have six-year terms and were chosen by the state legislatures until 1913, when the Seventeenth Amendment, providing for their direct popular election, went into effect. Actually, many states, especially in the West, had already in effect adopted this reform through the use of the direct primary. The terms of one third of the senators expire every two years. A senator must be at least 30 years old, a U.S. citizen of not less than nine years standing, and a resident of the state in which he or she is elected. The Senate is presided over by the vice president of the United States, who has no part in its deliberations and may vote only in case of a tie; in his absence his duties are assumed by a president pro tempore, elected by the Senate.
The House of Representatives
Members of the House of Representatives are apportioned among the states according to their populations in the federal census. Every state is entitled to at least one representative. States that are entitled only to one (currently Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming) have a representative at large, i.e., one elected by the whole state. The legislatures of those states entitled to more than one representative have been required since 1842 to divide their states into congressional districts. Representatives are chosen for two-year terms, and the entire body comes up for reelection every two years. A representative must be 25 or older, a U.S. citizen of at least seven years standing, and a resident of the state in which he or she is elected. Although without a vote (except on the committees on which they serve), one resident commissioner from Puerto Rico (elected for a four-year term) and one delegate each from the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands (elected for two-year terms) sit in the House. The presiding officer of the House, the speaker, is elected by the members of the House and may designate any member of the House to act in his absence. In 1910 a revolt against the powerful speaker, Joseph Gurney Cannon, resulted in the transfer of much of the power and influence of that office to the House committees. The reforms of the mid-1970s, however, modified seniority rules and gave committee members and the speaker more powers, and changes introduced in the mid-1990s by the Republicans further reduced the influence of seniority and concentrated more power in the speaker and other members of the majority leadership.
Responsibilities of Congress
The most important responsibility of Congress is that of making the laws of the United States. In both houses the work of preparing and considering legislation is done by standing committees, and in addition there are special committees in each house as well as joint committees with bicameral membership. The two houses have an equal voice in legislation, but revenue bills must originate in the House of Representatives. Bills, after having been passed by each house separately, must be signed by the president of the United States within 10 days of their submission, or they become law automatically, unless Congress is not in session. If vetoed by the president, a bill may become law only by its repassage by a two-thirds majority in each house. The Constitution requires a regular annual meeting of Congress, which, since the passage of the Twentieth Amendment in 1933, begins on Jan. 3 each year. The president may call an extra session of Congress or of either house. The proceedings of each house are recorded in the Congressional Record.
Only the House of Representatives may impeach the president or other federal officers and the Senate alone has the authority to try impeachments, but each house is the judge of the qualifications of its own members. The Senate must ratify all treaties by a two-thirds vote and confirm important presidential appointments to office, including cabinet members, judges of federal courts, and high-ranking officers of the armed forces. Because of this and because it is the smaller body and its members enjoy longer terms of office and virtually unlimited debate, the Senate is regarded as the more powerful of the two houses.
Congress, as a whole, reached the zenith of its power during Reconstruction. Throughout its history many critics have charged that Congress operates under antiquated machinery and processes that are inadequate. Procedural reforms proposed have included the adoption of a rule of relevancy in Senate debate, employing joint hearings on similar bills, liberalizing the methods by which a bill may be discharged from committee for consideration, and abolishing seniority as the basis for committee chairmanships.
See R. Dadson, The Role of the Congressman (1969); N. W. Polsby, Congress and the Presidency (2d ed. 1971); L. Fisher, President and Congress (1972); A. Clausen, How Congressmen Decide (1973); J. Kingdon, Congressmen's Voting Decisions (1973); R. Goehlert and J. Sayre, The United States Congress (1981); J. L. Sundquist, The Decline and Resurgence of Congress (1981); M. A. Peterson, Legislating Together: The White House and Capitol Hill From Eisenhower to Reagan (1990); D. R. Mayhew, Divided We Govern (1991).
CONGRESS. The term "congress" was used in colonial America to denote an intercolonial gathering at which colonial leaders discussed significant issues of mutual interest. Some were sanctioned by the imperial government (the Albany Congress in 1754 was called to restructure colonial resources for the defense of the New York frontier against the French), but most were extralegal meetings called to discuss how to achieve a coordinated response to imperial intrusions and exactions. The term helped to legitimize the gatherings as a genuine expression of the desires and interests of the politically active men in each colony. The most important congress in this period was called to determine how to respond to the Stamp Act (the Stamp Act Congress of October 1765); it provided the model for the Continental Congress of September 1774. The principal value of a congress was to provide a forum in which colonial leaders met each other, lived and ate together, and took each other's measure as they discussed the issues at hand. That these politically savvy delegates were able to debate critical and divisive issues, with the like-minded building consensus and agreeing on a course of action, was akin to a political miracle and a major reason why the resistance coalesced, evolved, won the war, and erected a workable federal government under the Constitution.
revised by Harold E. Selesky
con·gress / ˈkänggrəs; ˈkän-/ • n. 1. the national legislative body of a country. ∎ (Congress) the national legislative body of the U.S., meeting at the Capitol in Washington, DC. It is composed of the Senate and the House of Representatives. ∎ a particular session of the U.S. Congress: the 104th Congress. 2. a formal meeting or series of meetings for discussion between delegates, esp. those from a political party or trade union or from within a particular discipline: an international congress of mathematicians. 3. a society or organization, esp. a political one: the National Congress of American Indians. 4. the action of coming together: sexual congress. DERIVATIVES: con·gres·sion·al / kənˈgreshənl/ adj.
a formal assembly of a union, trade body, or similar organization; the assembly of a society; the national legislative body of the United States of America, 1798.