The United States Congress: Structure, Functions, and the Legislative Process

The United States Congress

Inception

Dissatisfied with the Articles of Confederation, the Founding Fathers decided to create a new governing document: the Constitution. Two plans were proposed: the Virginia Plan (proposed by James Madison) and the New Jersey Plan (proposed by William Patterson). These plans presented different visions for the structure of the new government.

The Virginia Plan

The Virginia Plan aimed to give more power to larger states. It proposed a bicameral legislature with representation in both houses based on population. The lower house, the House of Representatives, would directly represent the people. The upper house, the Senate, would be elected by the House of Representatives.

The New Jersey Plan

In contrast, the New Jersey Plan sought to protect the interests of smaller states. It advocated for a unicameral legislature where each state, regardless of size, had one vote.

The Great Compromise

To reconcile these differing viewpoints, Roger Sherman proposed the “Great Compromise.” This compromise led to the creation of a bicameral legislature with two houses: the House of Representatives and the Senate.

  • The House of Representatives: Representation is based on population, giving larger states more influence.
  • The Senate: Each state has two senators, ensuring equal representation for all states regardless of size.

The Great Compromise also established the terms of office for Representatives and Senators. Initially, the House of Representatives was responsible for electing the Senate. However, this practice was later changed due to concerns about corruption.

The First Congress

The First Congress convened in New York City in 1789. In 1790, it moved to Philadelphia and finally settled in Washington D.C. in 1800.

The House of Representatives

Structure and Representation

The House of Representatives has seats filled based on each state’s population. Every ten years, a census is conducted to determine the population, and the process of reapportionment adjusts the number of representatives each state has. Each state is divided into Congressional Districts, with each district electing one representative. For example, South Dakota has one Congressional District, while California has 53.

Gerrymandering

Gerrymandering is the manipulation of Congressional District boundaries to favor a particular political party. This practice can dilute the voting power of certain groups and undermine fair representation.

Qualifications for House Membership

To serve in the House of Representatives, individuals must meet the following criteria:

  • Be at least 25 years old
  • Reside in the state they represent
  • Have been a U.S. citizen for at least 7 years

House Officers

  • Speaker of the House: The leader of the House of Representatives, typically from the majority party.
  • Majority Floor Leader: The second most powerful position, responsible for advancing the majority party’s legislative agenda.
  • Majority Whip: Ensures party discipline and gathers votes for the majority party’s bills.

Representatives serve two-year terms before facing re-election.

Standing Committees

Standing committees are permanent panels that review and revise proposed bills before they are considered by the full House. Each committee specializes in a specific area, such as Agriculture, Appropriations, Armed Services, Budget, Education and the Workforce, Energy and Commerce, Financial Services, Government Reform, Homeland Security, House Administration, International Relations, the Judiciary, Resources, Rules, Science, Small Business, Standards of Official Conduct, Transportation and Infrastructure, Veterans Affairs, and Ways and Means. Each representative must serve on at least two standing committees.

Select Committees

Select committees are temporary panels formed to address specific issues or situations.

Committee Chairmen

Committee chairmen oversee committee meetings and have significant influence over the legislative process. They are typically the most senior members of the majority party on the committee. Chairmen determine the schedule of meetings, the bills to be considered, and how those bills will be presented to the full House.

The Senate

Structure and Election

The Senate comprises two senators from each state, totaling 100 members. The 17th Amendment, ratified in 1913, established the direct election of senators by the people. Previously, state legislatures chose senators. The Senate is considered a “continuous body” because only one-third of its members are up for re-election every two years. Senators can run for re-election as many times as they choose.

Qualifications for Senate Membership

To serve in the Senate, individuals must meet the following requirements:

  • Be at least 30 years old
  • Reside in the state they represent
  • Have been a U.S. citizen for at least 9 years

Senate Officers

  • Vice President of the United States: Serves as the President of the Senate, with the primary role of breaking tie votes.
  • President Pro Tempore: A senior member of the majority party who presides over the Senate in the absence of the Vice President.
  • Majority Floor Leader: The most powerful position in the Senate, responsible for setting the legislative agenda.
  • Majority Whip: Similar to the House Whip, responsible for gathering votes and ensuring party discipline.

Joint Committees and Conference Committees

Joint committees are composed of members from both the House and the Senate and are formed to address issues of common concern. Most joint committees are temporary and focus on immediate issues. Conference committees are created to reconcile differences between House and Senate versions of a bill. They are not temporary and typically include senior members from both chambers.

Congressional Bills

Naming and Numbering

Bills are designated with prefixes indicating their origin: HR (House Resolution), SR (Senate Resolution), or WHR (White House Resolution). They are then assigned a number based on the order of their introduction. For example, HR 408 would be the 408th bill introduced in the House of Representatives.

How a Bill Becomes a Law

  1. Introduction: A bill is introduced in either the House or the Senate.
  2. Committee Referral: The bill is referred to the appropriate standing committee.
  3. Subcommittee Review (Possible): Depending on the bill’s complexity, it may be further referred to a subcommittee for specialized review.
  4. Committee Action: The committee debates, amends, and votes on the bill. If approved, it moves to the floor of the House or Senate.

The legislative process continues with floor debate, voting, and potential reconciliation between House and Senate versions of the bill before it can be sent to the President for signature or veto.