Congress
Congress Article 1
Designed to prevent tyranny
Represent local district and state interests
The Structure of Congress
Bicameral Two houses – HOR and senate
Nature Arrangement from the Philadelphia convention where delegates compromised
Compromise = 2 chamber structure
House of representatives = proportional to state proportional
representation based on population. 435 members. State seats are
reapportioned after 10 year census, some states gain seats e.g. 2010 Texas
delegation rose from 32 to 36
Senate = states to be equally represented. 100 members, each state has 2
senators
Delegates wanted legislature directly elected by people while others wanted it
indirectly elected so compromise
House of Representatives = directly elected
Senate = indirectly elected, appointed by state legislatures until 17 th
amendment 1914 when direct elections held
The Election 1/3 senate re-elected every 2 years and whole of the House of
Cycle Representatives re-elected
Congressional elections every 2 years, and they coincide with a presidential
election every 4 years, known as mid-terms, when they occur in the middle of
presidential term of office
2020 – All of house, 1/3 senate, President
2022 – All house, 1/3 senate
Frequent mid-term elections can change overall control of congress = can
change between united and divided government
2017-2018 Trump = united
2019-2020 Trump = divided (lost HOR)
Constitution wasn’t prepared for hyper party polarisation
2021 Senate = controlled by democrats (48 democrats and 2 independents
who vote democrat e.g. Bernie Sanders of Vermont), as its 50/50, the
democrat VP Harris gets a tie-breaking vote
Frequent elections for representatives keep constituencies needs in mind
Membership Constitution has specific terms
of congress All members must take Oath to support constitution before they exercise
duties of office
Wanted congress to be representative of people so allow anyone –
native/adoptive, wealthy/poverty, religious, faith
However today, lots of money is needed for campaign
Sharice Davids – young, lesbian, native America = diversity, house, Kansas
Joe Manchin – old white democrat, opposed build Back Better, Senator,
republican
House of Representatives Senate
25 years 30 years old
Citizen for 7 years Citizen for 9 years
Inhabitant of state Inhabitant of state
2-year term – whole re-elected 6 years = more mature, 1/3
435, 7 states only have 1 member, California has the most re-elected every 2 years
at 53 (40 million population) 100 – 2 per state
Each representative in state represents a congressional Vice president presides over
district, redrawn every 10 years due to census senate
It has the speaker of the house (majority party), majority Majority and minority leaders
and minority leaders, majority and minority whips No term limits
No term limits Longest serving senator
House is chaired by a speaker – Nancy Pelosi, appoints ‘senior senator’ and shortest
members to committees (allows political bias), determines serving ‘junior senator’
which legislation is assigned to which committee, lots of Chaired by Vice President,
, legislative power as she can easily kill a bill, determines can break a tie
house legislative agenda Unlimited debate –
filibustering allowed
The distribution of powers Powers of the Concurrent powers Powers of
within Congress House of Creating senate
Article 1 gives enumerated representative legislation Ratifying
powers which are exercised s Oversight of the treaties
concurrently by both houses Beginning executive branch Confirming
Legislate consideration Overriding the appointments
Override veto of all money presidential veto Trying cases
Representation bills Initiating of
Propose amendment Bringing constitutional impeachment
Declare war charges of amendments Choosing the
Investigation impeachment Declaring war vice president
Confirm new Vice President Choosing the Confirming an if the
president if appointed vice electoral
the electoral president college is
college is deadlocked
deadlocked
Concurrent Creating legislation
powers of Granted by constitution
congress Both houses equal = all bills must pass through all stages in both houses
Both houses must agree to proposed law in same form before it can be sent to
president
Obama asked for healthcare reform – 2010 Affordable Care Act
Trump asked for tax cuts = Tax Cuts and Jobs Act 2017
Oversight of the executive branch
Congressional review and investigation of the activities of the executive
branch of government
Implied power
Congress establishes and votes on the budget of all the executive
departments and agencies who fun them
Congressional oversight over the executive occurs in the committee rooms
exercised by congressional standing and select committees
2016 Trump election, allegations of collusion with the Russians – both houses
held investigations e.g. the House intelligence committee but none found
evidence of collusion
Overriding presidential veto
Both houses must vote with 2/3 majority
Bush had 4 veto overrides of 12 veto’s e.g. the Water Resources
Development bill 2007
Obama had 1 override of 12 veto’s – 2016 Justice Against Sponsors of
Terrorism Act – large majority acquired
Initiating constitutional amendments
2 hours are equal in initiating constitutional amendments
2/3 majority needed in both houses before sent to states for ratification
Declaring war
Must houses must concur, only 5 occasions, last being 1941 on Japan
Confirming an appointed vice president
25th amendment gave houses power to confirm newly appointed VP
Only applies to appointed VP, not elected
Occurs when VP becomes president, dies or resigns in office so a new one is
needed
Occurred twice e.g. Nixon resigned and Ford became president so Rockefeller
became VP and was approved
Exclusive Beginning consideration of all money bills
powers of Only house was originally directly elected which is why they had say in
the House matters concerning money
of Senate must also pass and may amend the bills so not a hugely significant
, Representat power
ives Bringing charges of impeachment
Grant power to impeach and remove from office for treason, bribery or other
high crimes and misdemeanours
Two stage process, each house involved
House has used power 21 times since 1789 e.g. Trump 2021 incitement for
insurrection
Choosing the president if the electoral college is deadlocked
If no presidential candidate wins an absolute majority of the electoral collage
votes, the HOR elects the president
Used twice, 1800 Thomas Jefferson elected
Speaker of the house
House is chaired by a speaker – Nancy Pelosi, appoints members to
committees (allows political bias), determines which legislation is assigned to
which committee, lots of legislative power as she can easily kill a bill,
determines house legislative agenda
Appoint majority members to the house rules committee, enforces rules of the
House, appoints select committee and conference committee chairs
There is not a speaker in the Senate- as there are 100 senators they don’t
need as much control as the ‘rowdy’ house would.
Exclusive Ratifying treaties
powers of 2/3 majority needed, all treaties negotiated by president
the senate President keeps senate informed during negotiations
2010 – 71-26 votes in favour of START treaty with Russia under Obama
Increasing party polarisation has led to use of executive agreements as 2/3
majority harder to achieve e.g. JCPOA Obama but a successor can easily void
this e.g. Trump withdrew JCPOA
Confirming appointments
Simple majority
Judicial appointments, executive branch appointments
Ruth Bader Ginsburg died 2020 and trump nominee Amy Coney Barrett was
confirmed 52-48
When a vacancy opens in a senior executive branch post, president seeks
senate approval e.g. 2018 Trump put Mike Pompeo as secretary of state
Informal agreement of ‘senatorial courtesy’ allows president to confer with a
senator of their own party before they make a nomination
Trying cases of impeachment
Senate is sole power to try all impeachment
Senate trial determines if a person is guilty of charges and if 2/3 approve, then
person is immediately removed
Senate quitted Trump 2021, HOR voted 232-197 however senate 57-43 which
wasn’t enough for 2/3 majority so he was quitted, 7 republicans did vote
against him = bipartisan vote
Congress can’t be impeached as they aren’t considered offices of the United
States, they’re ‘representatives of the people’ so can’t be removed from office
They can be expelled for disorderly behaviour e.g. 2002 Democrat Traficant
Ohio for bribery and tales tax returns
Choosing the vice president if the electoral college is deadlocked
Senate choses VP, VP is president of the senate
Used twice e.g. 1800 to elected VP Aaron Burr
Comparing Suggested that senate is more powerful and many house members seek
the House election in senate e.g. 2017 50 former house members in senate
and the Senators represent entire state and enjoy 6-year term compared to 2
Senate Smaller senate size means senator is more likely to gain a leadership position
more quickly than a house member and more likely to have an influence
Congressman – representative Henry Cuellar – 28 th congressional district of
Texas
Senator – John Corbyn – state of Texas
Senate seen as launching pad for presidential campaign e.g. Biden was former
Congress Article 1
Designed to prevent tyranny
Represent local district and state interests
The Structure of Congress
Bicameral Two houses – HOR and senate
Nature Arrangement from the Philadelphia convention where delegates compromised
Compromise = 2 chamber structure
House of representatives = proportional to state proportional
representation based on population. 435 members. State seats are
reapportioned after 10 year census, some states gain seats e.g. 2010 Texas
delegation rose from 32 to 36
Senate = states to be equally represented. 100 members, each state has 2
senators
Delegates wanted legislature directly elected by people while others wanted it
indirectly elected so compromise
House of Representatives = directly elected
Senate = indirectly elected, appointed by state legislatures until 17 th
amendment 1914 when direct elections held
The Election 1/3 senate re-elected every 2 years and whole of the House of
Cycle Representatives re-elected
Congressional elections every 2 years, and they coincide with a presidential
election every 4 years, known as mid-terms, when they occur in the middle of
presidential term of office
2020 – All of house, 1/3 senate, President
2022 – All house, 1/3 senate
Frequent mid-term elections can change overall control of congress = can
change between united and divided government
2017-2018 Trump = united
2019-2020 Trump = divided (lost HOR)
Constitution wasn’t prepared for hyper party polarisation
2021 Senate = controlled by democrats (48 democrats and 2 independents
who vote democrat e.g. Bernie Sanders of Vermont), as its 50/50, the
democrat VP Harris gets a tie-breaking vote
Frequent elections for representatives keep constituencies needs in mind
Membership Constitution has specific terms
of congress All members must take Oath to support constitution before they exercise
duties of office
Wanted congress to be representative of people so allow anyone –
native/adoptive, wealthy/poverty, religious, faith
However today, lots of money is needed for campaign
Sharice Davids – young, lesbian, native America = diversity, house, Kansas
Joe Manchin – old white democrat, opposed build Back Better, Senator,
republican
House of Representatives Senate
25 years 30 years old
Citizen for 7 years Citizen for 9 years
Inhabitant of state Inhabitant of state
2-year term – whole re-elected 6 years = more mature, 1/3
435, 7 states only have 1 member, California has the most re-elected every 2 years
at 53 (40 million population) 100 – 2 per state
Each representative in state represents a congressional Vice president presides over
district, redrawn every 10 years due to census senate
It has the speaker of the house (majority party), majority Majority and minority leaders
and minority leaders, majority and minority whips No term limits
No term limits Longest serving senator
House is chaired by a speaker – Nancy Pelosi, appoints ‘senior senator’ and shortest
members to committees (allows political bias), determines serving ‘junior senator’
which legislation is assigned to which committee, lots of Chaired by Vice President,
, legislative power as she can easily kill a bill, determines can break a tie
house legislative agenda Unlimited debate –
filibustering allowed
The distribution of powers Powers of the Concurrent powers Powers of
within Congress House of Creating senate
Article 1 gives enumerated representative legislation Ratifying
powers which are exercised s Oversight of the treaties
concurrently by both houses Beginning executive branch Confirming
Legislate consideration Overriding the appointments
Override veto of all money presidential veto Trying cases
Representation bills Initiating of
Propose amendment Bringing constitutional impeachment
Declare war charges of amendments Choosing the
Investigation impeachment Declaring war vice president
Confirm new Vice President Choosing the Confirming an if the
president if appointed vice electoral
the electoral president college is
college is deadlocked
deadlocked
Concurrent Creating legislation
powers of Granted by constitution
congress Both houses equal = all bills must pass through all stages in both houses
Both houses must agree to proposed law in same form before it can be sent to
president
Obama asked for healthcare reform – 2010 Affordable Care Act
Trump asked for tax cuts = Tax Cuts and Jobs Act 2017
Oversight of the executive branch
Congressional review and investigation of the activities of the executive
branch of government
Implied power
Congress establishes and votes on the budget of all the executive
departments and agencies who fun them
Congressional oversight over the executive occurs in the committee rooms
exercised by congressional standing and select committees
2016 Trump election, allegations of collusion with the Russians – both houses
held investigations e.g. the House intelligence committee but none found
evidence of collusion
Overriding presidential veto
Both houses must vote with 2/3 majority
Bush had 4 veto overrides of 12 veto’s e.g. the Water Resources
Development bill 2007
Obama had 1 override of 12 veto’s – 2016 Justice Against Sponsors of
Terrorism Act – large majority acquired
Initiating constitutional amendments
2 hours are equal in initiating constitutional amendments
2/3 majority needed in both houses before sent to states for ratification
Declaring war
Must houses must concur, only 5 occasions, last being 1941 on Japan
Confirming an appointed vice president
25th amendment gave houses power to confirm newly appointed VP
Only applies to appointed VP, not elected
Occurs when VP becomes president, dies or resigns in office so a new one is
needed
Occurred twice e.g. Nixon resigned and Ford became president so Rockefeller
became VP and was approved
Exclusive Beginning consideration of all money bills
powers of Only house was originally directly elected which is why they had say in
the House matters concerning money
of Senate must also pass and may amend the bills so not a hugely significant
, Representat power
ives Bringing charges of impeachment
Grant power to impeach and remove from office for treason, bribery or other
high crimes and misdemeanours
Two stage process, each house involved
House has used power 21 times since 1789 e.g. Trump 2021 incitement for
insurrection
Choosing the president if the electoral college is deadlocked
If no presidential candidate wins an absolute majority of the electoral collage
votes, the HOR elects the president
Used twice, 1800 Thomas Jefferson elected
Speaker of the house
House is chaired by a speaker – Nancy Pelosi, appoints members to
committees (allows political bias), determines which legislation is assigned to
which committee, lots of legislative power as she can easily kill a bill,
determines house legislative agenda
Appoint majority members to the house rules committee, enforces rules of the
House, appoints select committee and conference committee chairs
There is not a speaker in the Senate- as there are 100 senators they don’t
need as much control as the ‘rowdy’ house would.
Exclusive Ratifying treaties
powers of 2/3 majority needed, all treaties negotiated by president
the senate President keeps senate informed during negotiations
2010 – 71-26 votes in favour of START treaty with Russia under Obama
Increasing party polarisation has led to use of executive agreements as 2/3
majority harder to achieve e.g. JCPOA Obama but a successor can easily void
this e.g. Trump withdrew JCPOA
Confirming appointments
Simple majority
Judicial appointments, executive branch appointments
Ruth Bader Ginsburg died 2020 and trump nominee Amy Coney Barrett was
confirmed 52-48
When a vacancy opens in a senior executive branch post, president seeks
senate approval e.g. 2018 Trump put Mike Pompeo as secretary of state
Informal agreement of ‘senatorial courtesy’ allows president to confer with a
senator of their own party before they make a nomination
Trying cases of impeachment
Senate is sole power to try all impeachment
Senate trial determines if a person is guilty of charges and if 2/3 approve, then
person is immediately removed
Senate quitted Trump 2021, HOR voted 232-197 however senate 57-43 which
wasn’t enough for 2/3 majority so he was quitted, 7 republicans did vote
against him = bipartisan vote
Congress can’t be impeached as they aren’t considered offices of the United
States, they’re ‘representatives of the people’ so can’t be removed from office
They can be expelled for disorderly behaviour e.g. 2002 Democrat Traficant
Ohio for bribery and tales tax returns
Choosing the vice president if the electoral college is deadlocked
Senate choses VP, VP is president of the senate
Used twice e.g. 1800 to elected VP Aaron Burr
Comparing Suggested that senate is more powerful and many house members seek
the House election in senate e.g. 2017 50 former house members in senate
and the Senators represent entire state and enjoy 6-year term compared to 2
Senate Smaller senate size means senator is more likely to gain a leadership position
more quickly than a house member and more likely to have an influence
Congressman – representative Henry Cuellar – 28 th congressional district of
Texas
Senator – John Corbyn – state of Texas
Senate seen as launching pad for presidential campaign e.g. Biden was former
