Proof Through the Night

Part 8: Basics of Gov't.

The Legislative Branch

Article I of the Constitution establishes the legislative or law making branch of government with the formation of a bicameral Congress. ("Bicameral" means that it Congress has two houses, the Senate and the House of Representatives.) This system provides checks and balance within the legislative branch.

Only after much debate did the Founding Fathers agree on the creation of the House of Representatives and the Senate. Called the "Great Compromise," among other provisions, it resulted in the creation of two houses, with representation based on population in one and with equal representation in the other.

Members of Congress are now elected by a direct vote of the people of the state they represent. It has not always been this way for the Senate. Prior to 1913 and the 17th Amendment to the Constitution, Senators were chosen by their state legislatures because the Senate was viewed as representative of state governments, not of the people.

Congress

The United States Congress is part of the legislative branch and is made up of two houses -- the House of Representatives and the Senate. The primary duty of Congress is to write, debate, and pass bill, which are then passed on to the president for approval. Other congressional duties include investigating pressing national issues and supervising the executive and judicial branches.

Every two years, voters get to choose all 435 representatives and a third of the senators. The entire House membership faces re-election every two years, but the Senate is a continuing body because there is never an entirely new Senate. A new Congress begins in January following Congressional elections. Since the First Congress, which met from 1789 to 1791, all Congresses have been numbered in order. We are currently in the 111th Congress. Congress meets every year and a session usually lasts from January 3rd to July 31st, but in special cases, a session can last longer.

For the most part, the House and Senate each meet in their respective chamber in the U.S. Capitol in Washington, D.C.; however, on rare occasions, they will convene for a joint session of Congress in the House chamber. For example, a joint session will be called to count electoral votes for presidential elections.

The Powers of Congress

The Constitution grants Congress "all legislative powers" in the national government. Article I, Section 8, of the Constitution lists a wide range of congressional powers, including:

Coining money
Maintaining a military
Declaring war on other countries
Regulating interstate and foreign commerce

Congress also controls federal taxing and spending policies—one of the most important sources of power in the government. The Constitution also gives Congress the authority to "make all laws which shall be necessary and proper," an implied source of power sometimes called the Elastic Clause.

One of the most important implied powers is Congress’s authority to investigate and oversee the executive branch and its agencies, such as the Department of Defense and the Department of Justice. As part of this responsibility, which is known as 'oversight,' Congress summons senior officials to answer questions from members, orders audits of agencies, and holds hearings to air grievances of citizens.

Congress also holds hearings on matters of general public concern. Sometimes members of Congress conduct these hearings to identify problems that create a need for new laws. In other cases Congress holds hearings to raise public awareness about an issue.

There are, however, some congressional powers that are rarely used such as the ability to impeach (remove) an official and the ability to amend the Constitution.

In addition to the power described above, Congress shares powers with the president in matters such as, framing U.S. foreign policy and control over the military. For example, while the president negotiates treaties, they are only put into effect once the Senate approves them. Also, while Congress can declare war and approve funds for the military, the president is the commander-in-chief of the military.

The House of Representatives

There are a total of 435 members in the House of Representatives. Each member represents an area of a state, known as a congressional district. The number of representatives is based on the number of districts in a state. Each state is guaranteed one seat. Every ten years, the U.S. Census Bureau counts the population of the states to determine the number of districts in each state.

Representatives, elected for two-year terms, must be 25 years old, a citizen for at least seven years, and a resident of the state from which they are elected. Five additional members—from Puerto Rico, Guam, American Samoa, the Virgin Islands, and the District of Columbia—represent their constituencies in the House. While they may participate in the debates, they cannot vote.

The House has special jobs that only it can perform. It can:

Start laws that make people pay taxes.
Decide if a government official should be put on trial before the Senate if s/he commits a crime against the country.

The Senate

There are a total of 100 members in the Senate. The Constitution states that the vice president has formal control over the Senate and so the vice president is also the president of the Senate. In actuality, the vice president is only present for important ceremonies and to cast a tie-breaking vote.

Senators, elected for six-year terms, must be 30 years old, a citizen for at least nine years, and a resident of the state from which they are elected.

As in the House, the Senate also has special jobs that only it can perform. It can:

Confirm or disapprove any treaties the President drafts.
Confirm or disapprove the Presidential appointments, such as the Cabinet, officers, Supreme Court justices, and ambassadors.
Holds a trial for a Government official who commits a crime against the country.

How Laws are Made

Laws may be initiated in either chamber of Congress, the House of Representatives or the Senate. For this example, we will track a bill introduced in the House of Representatives. For more detailed information, see http://www.vote-smart.org/resource_govt101_02.php

1. When a Representative has an idea for a new law, s/he becomes the sponsor of that bill and introduces it by giving it to the clerk of the House or by placing it in a box, called the hopper. The clerk assigns a legislative number to the bill, with H.R. for bills introduced in the House of Representatives and S. for bills introduced in the Senate. The Government Printing Office (GPO) then prints the bill and distributes copies to each representative.

Let's track the bill history of the International Dolphin Conservation Act.

2. Next, the bill is assigned to a committee (the House has 22 standing committees, each with jurisdiction over bills in certain areas) by the Speaker of the House so that it can be studied.

House Committee on Ways and Means The standing committee (or often a subcommittee) studies the bill and hears testimony from experts and people interested in the bill. The committee then may release the bill with a recommendation to pass it, or revise the bill and release it, or lay it aside so that the House cannot vote on it. Releasing the bill is called reporting it out, while laying it aside is called tabling.

3. If the bill is released, it then goes on a calendar (a list of bills awaiting action). Here the House Rules Committee may call for the bill to be voted on quickly, limit the debate, or limit or prohibit amendments. Undisputed bills may be passed by unanimous consent, or by a two-thirds vote if members agree to suspend the rules.

4. The bill now goes to the floor of the House for consideration and begins with a complete reading of the bill (sometimes this is the only complete reading). A third reading (title only) occurs after any amendments have been added. If the bill passes by simple majority (218 of 435), the bill moves to the Senate.

5. In order to be introduced in the Senate, a senator must be recognized as the presiding officer and announce the introduction of the bill. Sometimes, when a bill has passed in one house, it becomes known as an act; however, this term usually means a bill that has been passed by both houses and becomes law.

Senate Committee on Commerce, Science, and Transportation

6. Just as in the House, the bill then is assigned to a committee. It is assigned to one of the Senate's 16 standing committees by the presiding officer. The Senate committee studies and either releases or tables the bill just like the House standing committee.

7. Once released, the bill goes to the Senate floor for consideration. Bills are voted on in the Senate based on the order they come from the committee; however, an urgent bill may be pushed ahead by leaders of the majority party. When the Senate considers the bill, they can vote on it indefinitely. When there is no more debate, the bill is voted on. A simple majority (51 of 100) passes the bill.

8. The bill now moves onto a conference committee, which is made up of members from each House. The committee works out any differences between the House and Senate versions of the bill. The revised bill is sent back to both houses for their final approval. Once approved, the bill is printed by the U.S. Government Printing Office in a process called enrolling. The clerk from the introducing house certifies the final version.

9. The enrolled bill is now signed by the Speaker of the House and then the vice president. Finally, it is sent for presidential consideration. The president has ten days to sign or veto the enrolled bill. If the president vetoes the bill, it can still become a law if two-thirds of the Senate and two-thirds of the House then vote in favor of the bill.

When ready, continue on to The Executive Branch.