2.1 - Congress: The Senate and the House of Representatives
Defining Congress
Congress, the legislative branch, exists mainly to make legislation.
Republicanism: Congress reflects the will of the people through policy debates carried out by their elected representatives.
Bicameral structure: two chambers. The Senate represents the states equally, the House represents the people based on population.
Federalist No. 10 (Madison, 1787) makes the case for this kind of republic: elected representatives "refine and enlarge the public views, by passing them through the medium of a chosen body of citizens." In a large republic, it is also much harder for one faction to take over than in a direct democracy.
The House of Representatives
Considered closer to the people, both geographically and in terms of how often they face reelection.
Feature | Description |
Membership | 435 members |
Term length | 2 years; the whole House is up for election every cycle |
Representation | Each member represents a specific district |
Policy environment | More formal, more rules, stronger emphasis on leadership |
Key powers | Power of impeachment (indicting the president); all tax and revenue bills must start here |
The Senate
Less formal, and acts as a check on presidential power.
Feature | Description |
Membership | 100 members, two per state |
Term length | 6 years; only a third of the Senate is up for election every two years |
Policy environment | Less formal, fewer rules; a single senator can sometimes grind things to a halt |
Key powers | Confirms presidential nominations, ratifies treaties, holds impeachment trials |
How size, terms, and parties shape each chamber
- Size and formality: with 435 members, the House has to run on strict rules to get anything done. The Rules Committee sets time limits on debate and decides whether amendments are allowed. With only 100 members, the Senate can afford looser rules and long, open debate, which gives each senator more power (like the filibuster, covered in 2.2).
- Term lengths: every House seat is up every two years, so House members are almost always campaigning and react quickly to shifts in public opinion. Senators serve six years, which lets them take a longer view.
- A continuous body: only a third of the Senate is elected every two years, so at least two thirds of senators carry over after every election. The Senate never starts over from scratch, which makes it the more stable chamber. The whole House, on the other hand, is elected at once.
- Two-party system: almost every member of Congress is a Democrat or a Republican. The majority party in each chamber picks the leaders, chairs every committee, and decides which bills move forward. When different parties control the House and the Senate, a bill usually needs support from both parties to pass.
Enumerated and Implied Powers of Congress (Article 1, Section 8)
Category | Powers |
Fiscal/money | Pass a federal budget; lay and collect taxes, borrow money, coin money |
Military/foreign policy | Declare war; fund the armed forces, which is Congress's strongest check on presidential military action |
Judicial/courts | Create federal courts and determine their jurisdiction |
Other | Determine the naturalization process |
Expansion of power:
- Necessary and Proper Clause: gives Congress implied powers to legislate on things not explicitly listed, as long as it connects to an enumerated power. This has let Congress act on economic, environmental, and social issues.
- McCulloch v. Maryland (1819): the Court upheld Congress's power to create a national bank. The Constitution never mentions a bank, but Chief Justice John Marshall ruled it was a "necessary and proper" way to carry out enumerated powers like taxing, borrowing, and regulating commerce. The Court also ruled Maryland couldn't tax the bank, since federal law is supreme over state law ("the power to tax involves the power to destroy"). This is the case that confirmed Congress's implied powers.
- Commerce Clause: Congress can regulate interstate commerce, and the broad interpretation of "anything affecting interstate commerce" has significantly expanded its reach.
- A limit, United States v. Lopez (1995): the Court struck down the Gun-Free School Zones Act of 1990, ruling that carrying a gun near a school is not economic activity that substantially affects interstate commerce. It was the first time since the New Deal that the Court said Congress had gone past its Commerce Clause power.
- Oversight: Congress can supervise the executive branch to make sure the president and agencies are acting the way Congress wants.
Big picture
Congress was deliberately designed to be the most powerful branch. Its bicameral structure balances population based representation (House) with equal state representation (Senate). While its explicit powers cover the basics like taxing and declaring war, the true scope of its authority comes from the Necessary and Proper Clause and the broad reading of the Commerce Clause, which let it justify regulating nearly any economic, environmental, or social issue.