US CONGRESS
2.1 The structure of Congress
Congress is bicameral - there are two chambers in Congress, an upper chamber (the Senate) and a
lower chamber (the House of Representatives), this system was established at the Philadelphia
Convention. The House of Representatives (or simply ‘House’) awards political representation to
states in proportion to their population – so larger states have more seats. In the Senate, there are
two politicians per state, regardless of population, giving a degree of protection to the interests of
smaller states.
Advantages of bicameral system Disadvantages of bicameral system
Ensures full representation of all states Too many elections can lead to political
Each chamber can act as a check on the apathy
power of the other chamber One chamber may become more powerful
Creates a power-sharing system within the than the other
constitution Tyranny of the minority - small states still
get 2 senators
Legislative gridlock
House of Representatives (commonly referred to as House)
Title: Congressman/ woman
Term length: 2 years - every two years elections are held for the whole House
Total number: 435
Number per state: proportional to state population - Wyoming has 1, California has 53
Represent: represent the congressional district and the interests of individual citizens
Senior figures: Nancy Pelosi (speaker), Steny Hoyer (majority leader), Kevin McCarthy (minority
leader)
Current composition: 222 Democrats, 211 Republicans, 2 vacancies
Membership of the House
Members of the House must be at least 25 years old and have been a citizen for at least the
past seven years. Members of both houses must live in the state that they wish to represent
at the time of the election.
There are 435 voting members and six non-voting members. The non-voting members are
representatives for Puerto Rico, American Samoa, the Northern Mariana Islands, the District
of Columbia, the US Virgin Islands and Guam. These members can sit in committees and
introduce legislation.
Senate
Title: Senator
Term length: 6 years - 1/3 of Senators are on the ballot every two years
Total number: 100
,Number per state: 2
Represent: represent whole state and the interests of the state
Senior figures: Kamala Harris (vice president), Chuck Schumer (majority leader), Mitch McConnell
(minority leader)
Current composition: 48 Democrats, 50 Republicans, 2 Independents (these independents tend to
vote with Democrats)
Membership of the Senate:
Members of the Senate must be at least 30 years old and have been a citizen for at least the
last nine years. Members of both houses must live in the state that they wish to represent at
the time of the election.
There are 100 members of the Senate.
The election cycle of the USA is staggered with different federal institutions having elections at
different times:
President - every 4 years
House - every 2 years (whole House)
Senate - every 2 years (1/3 every 2 years)
Midterm election: congressional elections that take place when there is not a presidential election -
held midway during the president’s four-year term
Midterm elections mean that the composition of Congress can change in the middle of a President’s
term. Even though voters cannot vote directly against the President, the electorate usually use it as
an opportunity to vote in a manner that sends a message to the President:
POSITIVE CONSEQUENCE: empowers the president and enables them to deliver the
legislative agenda by having more people from their party elected into congressional seats
NEGATIVE CONSEQUENCE: creates partisan hostility between Congress and the President
which can lead to legislative gridlock
During midterms, voters use it as a referendum on the president’s time in office and his party loses
seats in either chamber of Congress like Barack Obama who lost 22 seats in 2014. Once Democrats
lost the House in 2010 midterms, Obama found it harder to make progress on his legislative agenda
and the prospect of government shutdowns became a regular occurrence as the White House failed
to agree on annual budgets with an increasingly partisan and divided Congress. Divided government
in Congress, prompted Obama to use executive action that didn’t require congressional republican
support.
BUT there are times that the president’s party actually gains seats like G W Bush who gained 10
seats in Congress in 2002.
, Concurrent powers: powers shared by both houses, creating checks and balances and power sharing
within the Constitution.
Representation: Article 1 of the Constitution outlines the need for Congressional elections.
Amending the constitution: The two houses are coequal when it comes to initiating
constitutional amendments, they must be approved by a 2/3 majority in both houses before
it can be sent to the states for ratification as stated by Article V of the US Constitution.
Legislation: Most legislation can begin in either chamber, Congress has only the legislative
powers granted by the Constitution via Article I. Both chambers are equal in the sense that
all bills must pass through all stages in both houses. Neither house can override the wishes
of the other, both houses must agree to the proposed law in exactly the same form before
being sent to the president for consideration. Both houses must vote by 2/3 majority in each
to override the president’s veto of a bill.
Oversight: Constitution makes no explicit statement concerning Congress’ power of
oversight, it is implied by powers granted to it in Article 1, Section 8 where it is said that a
legislative body may investigate any subject that is properly within the scope of its legislative
powers. This can be done via congressional standings in select committees, impeachment
and removal of public officials, and both houses confirming a newly appointed vice
president.
Declaring war: Both houses must concur in a declaration of war. This has occurred only on 5
occasions - the last being 1941 when America declared war on Japan in WW2. Recently,
Congress has found itself side-lined by presidential war-making (Vietnam War). Article 1,
Section 2 gave Congress the right to initiate military action.
Electing President/ Vice president during Electoral College deadlock: If a presidential
election has no winner with an absolute majority of Electoral College votes, then the House
is charged with electing president and Senate with Vice President. This power has only been
used twice.
Exclusive powers: powers possessed by only one of the two houses
Power House Senate
representation House directly elected every 2 years, The constitution states Senate is indirectly
therefore representing the people. elected by state legislatures, therefore
represents the states. 17th Amendment
changed the election process for Senators,
now they are directly elected every 6 years.
