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.

Legislative procedure

Term

Under the Twentieth Amendment, congressional terms begin at noon on January 3 of every odd-numbered year. It is conventional to refer to each Congress by the ordinal number of its term. Thus, the current Congress (whose term lasts from 2005 to 2007) is known as the "109th Congress"; the previous Congress (whose term lasted from 2003 to 2005) was the "108th Congress," and so forth.

Related Topics:
Twentieth Amendment - January 3 - 2005 - 2007 - 109th Congress - 2003 - 108th Congress

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At the beginning of each new term, the entire House of Representatives and one-third of the Senate (those who were chosen in the election the previous November) are sworn in. The oath taken is provided by statute: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God." The House of Representatives also elects a Speaker to preside over debates. The President pro tempore of the Senate, by contrast, holds office continuously; normally, a new President pro tempore is only elected if the previous one retires, or if there is a change in the majority party.

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A term of Congress is divided into two "sessions," one for each year; Congress has occasionally also been called into an extra, (or special) session. (The Constitution requires Congress to meet at least once each year.) A new session commences on January 3 (or another date, if Congress so chooses) each year. Before the Twentieth Amendment, Congress met from the first Monday in December to April or May in the first session of their term (the "long session"); and from December to March 4th in the second "short session". (The new Congress would then meet for some days, for the inauguration, swearing in new members, and organization.)

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The Constitution forbids either house from meeting any place outside the Capitol, or from adjourning for more than three days, without the consent of the other house. The provision was intended to prevent one house from thwarting legislative business simply by refusing to meet. To avoid obtaining consent during long recesses, the House or Senate may sometimes hold pro forma meetings, sometimes only minutes long, every three days. The consent of both bodies is required for Congress's final adjournment, or adjournment sine die, at the end of each congressional session. If the two houses cannot agree on a date, the Constitution permits the President to settle the dispute.

Related Topics:
Pro forma - Sine die

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Joint sessions

See main article Joint session of the U.S. Congress

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Joint Sessions of the United States Congress occur on special occasions that require a concurrent resolution from both House and Senate. These sessions include the counting of electoral votes following a Presidential election and the President's State of the Union address. Other meetings of both House and Senate are called Joint Meetings of Congress, held after unanimous consent agreements to recess and meet. Meetings of Congress for Presidential Inaugurations may also be Joint Sessions, if both House and Senate are in session at the time, otherwise they are formal joint gatherings.

Related Topics:
Electoral votes - Inaugurations

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At some time during the first two months of each session, the President customarily delivers the State of the Union Address, a speech in which he or she assesses the situation of the country and outlines his or her legislative proposals for the congressional session. The speech is modeled on the Speech from the Throne given by the British monarch, and is mandated by the Constitution of the United States. Thomas Jefferson discontinued the original practice of delivering the speech in person before both houses of Congress, deeming it too monarchical. Instead, Jefferson and his successors sent a written message to Congress each year. In 1913, President Woodrow Wilson reestablished the practice of personally attending to deliver the speech; few Presidents have deviated from this custom since.

Related Topics:
State of the Union Address - Legislative - Speech from the Throne - British - Monarch - Thomas Jefferson - 1913 - Woodrow Wilson

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Joint Sessions and Joint Meetings are traditionally presided over by the Speaker of the House. However, the Constitution requires the President of the Senate to preside over the counting of electoral votes.

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Bills and Resolutions

A proposal may be introduced in Congress as a bill, a joint resolution, a concurrent resolution, or a simple resolution. Most legislative proposals may be introduced as bills, but some are introduced as joint resolutions. There is little practical difference between the two, except that joint resolutions may include preambles, but bills may not. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law. Instead, they serve to express the opinion of Congress, or to regulate procedure.

Related Topics:
Bill - Joint resolution - Concurrent resolution - Simple resolution - Law - Procedure

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Members of Congress often introduce legislation at the behest of lobbyists. Lobbyists advocate the passage (or rejection) of bills affecting the interest of a particular group (such as a corporation or a labor union). In many cases, the lobbyists write legislation and submit it to a member for introduction. Congressional lobbyists are legally required to be registered in a central database, and are employed by political organizations, corporations, state governments, foreign governments, and numerous other groups. In 2005, there are almost 35,000 registered Congressional lobbyists, representing a doubling since 2000. Some of the most prominent lobbyists are ex-members of Congress, others are family members of sitting members. As an example, Dennis Hastert, Tom DeLay, Roy Blunt, and Tom Daschle all have or immediate family members who are (or were) lobbyists.

Related Topics:
Lobbyists - Corporation - Labor union - Legislation - Database - Political organization - State government - 2005 - 2000 - Dennis Hastert - Tom DeLay - Roy Blunt - Tom Daschle

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Bills (and other proposals) may be introduced by any member of either house. However, the Constitution provides that: "All bills for raising Revenue shall originate in the House of Representatives." As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, whenever the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. Although it cannot originate revenue and appropriation bills, the Senate retains the power to amend or reject them.

Related Topics:
Tax - Appropriation bill - Expenditure - Federal - Revenue

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Each bill goes through several stages in each house; the first stage involves consideration by a committee. Most legislation is considered by standing committees, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations. The House has twenty standing committees, but the Senate has only sixteen. In some cases, bills may be sent to select committees (which tend to have more narrow jurisdictions than standing committees. Each standing and select committee is led by a chairman (who belongs to the majority party) and a ranking member (who belongs to the minority party). Committees are permitted to hold hearings and collect evidence when considering bills. They may also amend the bill, but the full house holds the power to accept or reject committee amendments. After considering and debating a measure, the committee votes on whether it wishes to report the measure to the full house.

Related Topics:
Standing committee - Select committee - Chairman - Majority party - Minority party - Hearing

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A decision not to report a bill amounts to a rejection of the proposal. Both houses provide for procedures under which the committee can be bypassed or overruled, but they are rarely used. If reported by the committee, the bill reaches the floor of the full house. The house may debate and amend the bill; the precise procedures used by the House of Representatives and the Senate differ. A final vote on the bill follows.

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Central party discipline is not as strong in Congress as it is in parliamentary systems, and in the Senate it is even weaker than in the House. However, the leadership does have certain powers to sway reluctant legistators into voting with the party. Party leaders derive most of their powers from the ability to fundraise; a rebel Congressman may be threatened with a cut off of funds for his campaign, a reduction of pork for his district, or a denial of a future committee chairmanship.

Related Topics:
Parliamentary system - Pork

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The party leadership may use the "catch and release" strategy in order to ensure the passage of important legislation with the support of reluctant members. The leaders "catch" a member, pressuring him or her to vote in favor of the legislation even if it is unpopular in the member's constituency. Then, if the bill has sufficient support to pass anyway, the member may be "released," that is, permitted to vote as he or she pleases. Hence, members may avoid alienating influential special interest groups, while at the same time remaining loyal to the party.

Related Topics:
Catch and release - Legislation - Constituency - Special interest groups

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Once a bill is approved by one house, it is sent to the other, which may pass, reject, or amend it. In order for the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, then the differences between the two versions must be reconciled in a conference committee, an ad hoc committee that includes both senators and representatives. In many cases, conference committees have introduced substantial changes to bills and added unrequested spending, significantly departing from both the House and Senate versions. President Ronald Reagan once quipped, "If an orange and an apple went into conference consultations, it might come out a pear." If both houses agree to the version reported by the conference committee, the bill passes; otherwise, it fails.

Related Topics:
Conference committee - Ronald Reagan

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After passage by both houses, a bill is submitted to the President. The President may choose to sign the bill, thereby making it law. The President may also choose to veto the bill, returning it to Congress with his or her objections. In such a case, the bill only becomes law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the President may choose to take no action, neither signing nor vetoing the bill. In such a case, the Constitution states that the bill automatically becomes law after ten days (excluding Sundays). However, if Congress adjourns (ends a legislative session) during the ten day period, then the bill does not become law. Thus, the President may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as a pocket veto, and cannot be overridden by the adjourned Congress.

Related Topics:
President - Veto - Pocket veto

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Quorum and voting

The Constitution specifies that a majority of members constitutes a quorum to do business in each house. The rules of each house provide that a quorum is assumed to be present unless a quorum call demonstrates the contrary. Representatives and senators rarely force the presence of a quorum by demanding quorum calls; thus, in most cases, debates continue even if a majority is not present.

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Both houses use voice voting to decide most matters; members shout out "aye" or "no," and the presiding officer announces the result. The Constitution, however, requires a recorded vote on the demand of one-fifth of the members present. If the result of the voice vote is unclear, or if the matter is controversial, a recorded vote usually ensues. The Senate uses roll call votes; a clerk calls out the names of all the senators, each senator stating "aye" or "no" when his or her name is announced. The House reserves roll call votes for the most formal matters; normally, members vote by electronic device. In the case of a tie, the motion in question fails. In the Senate, the Vice President may (if present) cast the tiebreaking vote.

Related Topics:
Recorded vote - Roll call

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