Congress: Structure and Powers

Congress is the most powerful branch of government. At least, that’s what the founders intended when they made it Article I.

Bicameralism

Congress has two chambers. This wasn’t inevitable; it was a compromise.

House of Representatives

• 435 members (fixed since 1929)
• Proportional representation: States get seats based on population
• Two-year terms: All members face reelection every two years
• Requirements: 25 years old, 7 years a citizen, resident of the state

The House is designed to be close to the people. Short terms mean constant accountability. Larger size means more diverse representation.

Senate

• 100 members (two per state)
• Equal state representation: Wyoming and California each get two
• Six-year terms: Staggered so one-third are elected every two years
• Requirements: 30 years old, 9 years a citizen, resident of the state

The Senate is designed for deliberation. Longer terms insulate senators from short-term passions. Equal state representation protects smaller states (this was the price of union).

Why Two Chambers?

1. Compromise: The Great Compromise resolved large state/small state disputes
2. Check on legislation: Bills must pass both chambers, reducing hasty lawmaking
3. Different constituencies: House responds to local concerns; Senate to statewide concerns
4. Cooling saucer: The Senate slows down the more impulsive House

Powers of Congress

Enumerated Powers (Article I, Section 8)

Congress can:

• Lay and collect taxes
• Borrow money
• Regulate interstate and foreign commerce
• Establish rules for naturalization and bankruptcy
• Coin money and regulate its value
• Establish post offices
• Create courts inferior to the Supreme Court
• Declare war
• Raise and support armies and navies
• Call forth the militia
• Make all laws “necessary and proper” for executing these powers

Exclusive Powers of Each Chamber

Implied Powers

The necessary and proper clause (elastic clause) allows Congress to do what’s “necessary and proper” to execute its enumerated powers. This is the constitutional basis for:

• Creating a national bank
• Establishing federal agencies
• Regulating activities that affect interstate commerce
• And much more

How a Bill Becomes a Law

The Basic Process

1. Introduction: Member introduces bill in their chamber
2. Committee referral: Bill goes to relevant committee
3. Committee action: Hearings, markup, vote to report
4. Floor action: Debate and vote in full chamber
5. Other chamber: Process repeats in other chamber
6. Conference committee: If versions differ, conference committee reconciles
7. Final passage: Both chambers pass identical bill
8. Presidential action: President signs or vetoes

Chamber-Specific Procedures

House Rules Committee: The traffic cop. Before major bills reach the floor, Rules Committee sets terms of debate:

• How long will debate last?
• What amendments are allowed? (Open rule, closed rule, modified rule)

Senate floor procedures:

• Unanimous consent: Most business proceeds by unanimous agreement
• Holds: Any senator can request a delay on a bill
• Filibuster: Senators can speak indefinitely to delay votes
• Cloture: Ends filibuster with 60 votes

The filibuster makes the Senate a supermajority institution. Most significant legislation needs 60 votes, not just 51.

The Budget Process

Congress controls the federal budget. This is the “power of the purse” and the most important check on the executive.

Two Types of Spending

Mandatory spending: Required by existing law. Entitlement programs like Social Security, Medicare, and Medicaid. Currently about 60% of federal spending. Continues automatically unless Congress changes the law.

Discretionary spending: Appropriated annually. Defense, education, infrastructure, etc. About 30% of spending. This is what Congress actively decides each year.

(The remaining ~10% is interest on the national debt.)

The Process

1. President submits budget request (February)
2. Congressional Budget Office analyzes
3. Budget committees set spending targets (budget resolution)
4. Appropriations committees divide money among programs
5. Twelve appropriations bills (theoretically) fund the government

In practice, Congress often misses deadlines and passes continuing resolutions (temporary funding) or omnibus bills (everything bundled together).

Leadership

House Leadership

• Speaker of the House: Elected by majority party. Presides over House. Second in presidential succession. Controls floor agenda.
• Majority Leader: Leads majority party on floor. Schedules legislation.
• Minority Leader: Leads opposition party.
• Whips: Count votes. Enforce party discipline.

Senate Leadership

• Vice President: Constitutional president of Senate. Only votes to break ties.
• President Pro Tempore: Presides in VP’s absence. Usually most senior majority party member. Largely ceremonial.
• Majority Leader: Most powerful Senate position. Controls floor agenda.
• Minority Leader: Leads opposition.
• Whips: Same as House.

Committees

Most congressional work happens in committees. They’re where expertise develops and bills are shaped.

Types of Committees

• Standing committees: Permanent. Handle legislation in specific policy areas (Judiciary, Armed Services, etc.)
• Select/Special committees: Temporary. Investigate specific issues.
• Joint committees: Include members from both chambers.
• Conference committees: Temporary. Reconcile House and Senate versions of bills.

Committee Power

Committees can:

• Hold hearings
• Mark up (amend) bills
• Kill bills by not acting on them
• Oversee executive branch agencies in their jurisdiction

Committee chairs are powerful. They set agendas and control what gets considered. Chairs are usually determined by seniority within the majority party.

Congressional Behavior

Logrolling

Trading votes: “I’ll vote for your bridge if you vote for my dam.”

Pork Barrel Spending

Directing federal money to specific local projects. Members claim credit for bringing money home. Critics call it wasteful. Earmarks (specific spending directed by individual members) were banned in 2011 but have partially returned.

Casework

Helping constituents with federal agencies. If your Social Security check is late, your representative’s office might help. This builds goodwill and votes.

The Takeaway

Congress is complex by design. Bicameralism, committees, procedural rules, and leadership structures all create obstacles to legislation. This protects against hasty action but also creates gridlock.

Understanding Congress means understanding:

• The difference between House and Senate procedures
• How committees shape legislation
• How the budget process works
• Why legislation is so hard to pass

The founders gave Congress extensive powers but made it hard to use them. Whether this produces wise deliberation or frustrating inaction depends on your perspective.