2.1 - The Structure of US Congress

Question 1

What is a bicameral legislature

Answer 1

Congress is bicameral - it is made up of two houses - the House of Reps and the Senate

Question 2

How are the states represented in each house?

Answer 2

In the House the states are represented in proportion to population but in the Senate they are equally represented

Question 3

History of elections to both houses

Answer 3

At first there were only direct elections for the House but the 17th amendment in 1913 led to the first direct elections being held for the Senate

Question 4

How many members sit in the House today and when is this reviewed?

Answer 4

Today the House has 435 members with the number of representatives for each state being adjusted in every 0 year (2000, 2010, etc)

Question 5

The Congressional elections cycle

Answer 5

• Congressional elections occur every 2 years (midterms if in the middle of a Pres’ term or at the same time as a Pres election)
• These elections see all of the House and a third of the Senate up for reelection once every two years

Question 6

Powers of Congress in the Constitution

Answer 6

Article 1 gives Congress a clear set on enumerated powers that are exercised concurrently by both chambers - both houses also have their own exclusive powers

Question 7

Concurrent powers of Congress

Answer 7

• Creating legislation - both houses are equal in that all bills must pass through all stages in both chambers
• Oversight of the executive branch - Constitution makes no explicit mention of oversight but this is implied in Article 1 Section 8 - following allegations of collusion with the Russians, Congress launched a series of investigations into the Trump campaign through the House Intelligence Committee and House Oversight Committee
• Overriding the Pres’ veto - In order to do this both houses must vote so with a super majority – EG Bush 43’s Water Resources Development Bill 2007 and Obama’s Justice Against Sponsors of Terrorism Act 2016
• Initiating constitutional amendments - Both houses must also pass a Constitutional amendment with a supermajority before it gets sent to the states for ratification
• Declaring war - Both houses must be united in a declaration of war EG on Japan in 1941 but have recently been side-lined by the President’s declaration of war EG Korea or Vietnam or being asked to ratify military action that has already been taken EG Iraq
• Confirming an appointed VEEP - The 25th amendment gave both houses the right to confirm an appointed VP – this has only occurred twice – in 1973 VP Spiro Agnew resigned and Pres Nixon appointed Gerald Ford to replace him, and in 1974 when Nixon resigned, and Ford became Pres and appointed Nelson Rockefeller as VP – very rarely used

Question 8

Exclusive powers of the House of Reps

Answer 8

• Beginning consideration of all money bills - Only the House may begin considerations on money bills (tax bills) – the Senate must also pass and may amend these bills so in reality this is not all that significant
• Bringing charges of impeachment - This is an important two-part power in which each house performs one of the stages – the House has successfully used this power 21 times since 1789 EG Clinton on two counts – perjury and obstruction of justice in 1998 and federal judge Thomas Porteous on charges that included corruption and perjury in 2010
• Choosing the Pres if the electoral college is deadlocked - If there is no absolute majority (280) in the electoral college for a presidential election, the House elects the president – this power has only been used twice – in 1800 elect Thomas Jefferson and in 1824 to elect John Quincy Adams

Question 9

Exclusive powers of the Senate

Answer 9

• Ratifying treaties - The Senate has the sole power to ratify – by two-thirds majority – all treaties negotiated by the President – this means to keep Senators happy the President needs to keep them informed to keep them likely to ratify the treaty – in 2010 the Senate voted by 71 to 26 to ratify the new Strategic Arms Reduction Treaty (START) negotiated by Obama and his Russian counterpart Dmitry Medvedev – it should also be noted that Presidents have found ways around the Senate by signing executive orders to bypass the Senate and sign treaties – EG Obama’s Joint Comprehensive Plan of Action with Iran in 2015 – however this can be voided by future presidents if they so wish
• Confirming appointments - The Senate can also confirm, by a simple majority, many presidential appointments – these include all appointments to the judiciary and many to the executive EG when Ruth Bader Ginsburg died in 2020 Trump nominee Amy Coney Barrett was confirmed by 52 to 48 votes in the Senate
• Trying cases of impeachment - the Senate has the sole power to conduct impeachment trials to determine whether someone is guilty of an impeachable offence – if found guilty they are immediately removed from office – EG Judge Thomas Porteous was found guilty and removed by the Senate – but they can also be acquitted EG President Clinton in 1999
• Picking the VEEP if the electoral college is deadlocked - Similar to the House, if the Electoral College is deadlocked the Senate can choose the VP – this is because the VP is the President of the Senate so its logical that they be chosen by the Senate – EG in 1800 to elect VP Aaron Burr and in 1824 to elect VP John C. Calhoun

Question 10

What are the three main functions of Congress?

Answer 10

• Representation
• Legislation
• Oversight