Congress of the United States

The Congress of the United States is the legislative branch of the federal government of the United States. It is bicameral, comprising the House of Representatives and the Senate. The House of Representatives consists of 435 members, each of whom represents a congressional district and serves for a two-year term. House seats are apportioned among the states by population; in contrast, each state has two Senators, regardless of population. There are a total of 100 senators, who serve six-year terms. Both representatives and senators are directly elected by the people, but in some states the governor may appoint a temporary replacement when a Senate seat is vacant.

Checks and balances

The constitution provides certain checks and balances among the three branches of the federal government.

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The influence of Congress on the presidency has varied from one period to another; it depends largely on the leadership and the political influence of the President. The authors of the Constitution expected the greater power to lie with Congress and that is one reason they are described in Article One. Under the first half-dozen Presidents, power seems to have been evenly divided between the President and Congress, in part because early Presidents largely restricted their vetoes to claims of unconstitutionality.

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Andrew Jackson dominated his Congresses; his successors were weaker men (excluding Abraham Lincoln, and perhaps Polk and van Buren). Senators ruled, including Henry Clay, Daniel Webster, John C. Calhoun, Thomas Hart Benton, Stephen Douglas, Thaddeus Stevens. The impeachment of Andrew Johnson, completed this trend, making the presidency much less powerful than Congress. During the late nineteenth century, President Grover Cleveland aggressively attempted to restore the executive branch's power, vetoing over four hundred bills during his first term. The twentieth century has seen the rise of the power of the Presidency under Theodore Roosevelt, Franklin Delano Roosevelt, Richard Nixon, Ronald Reagan, and others (see Imperial Presidency). In recent years, Congress has restricted the powers of the President with laws such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution; nevertheless, the Presidency remains considerably more powerful than during the nineteenth century.

Related Topics:
Andrew Jackson - Abraham Lincoln - Polk - Van Buren - Henry Clay - Daniel Webster - John C. Calhoun - Thomas Hart Benton - Stephen Douglas - Thaddeus Stevens - Impeachment - Andrew Johnson - Grover Cleveland - Twentieth century - Theodore Roosevelt - Franklin Delano Roosevelt - Richard Nixon - Ronald Reagan - Imperial Presidency - Congressional Budget and Impoundment Control Act of 1974 - War Powers Resolution

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The Constitution empowers the House of Representatives to impeach federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors." The Senate is constitutionally empowered to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. Impeachment proceedings may not inflict more than this; however, the party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (Another resigned before the Senate could complete the trial). Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction.

Related Topics:
Impeach - Defendant - Andrew Johnson - 1868 - Bill Clinton - 1999 - Trial - Acquittal - Conviction

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The Constitution entrusts certain powers to the Senate alone. The President may only appoint Cabinet officials, judges, and other high officers with the "advice and consent" of the Senate. The Senate confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The House of Representatives has no formal role in either the appointment of federal officials or the ratification of treaties.

Related Topics:
Cabinet - Official - Judge

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The Constitution does not explicitly state that the courts may exercise judicial review (the power to strike down laws on the grounds of unconstitutionality). However, the notion that courts could declare laws unconstitutional was accepted by several delegates; for example, Alexander Hamilton mentioned and expounded the doctrine in Federalist No. 78. In 1803, the Supreme Court, established judicial review of Federal legislation in Marbury v. Madison; Marbury made the particular holding, however, that Congress could not grant unconstitutional power to the Court itself—the general power of judicial review was not exercised until the Dred Scott decision of 1857.

Related Topics:
Judicial review - Unconstitutional - Alexander Hamilton - Federalist No. 78 - 1803 - Marbury v. Madison - Dred Scott decision - 1857

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