Congress

Congress is the legislative branch of the United States federal government, established by Article I of the Constitution. It is a bicameral institution composed of the House of Representatives and the Senate. For Edexcel A-Level Politics, understanding Congress's structure, powers, and legislative process is essential, particularly in comparison with the UK Parliament.

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Structure of Congress

The House of Representatives

Feature	Detail
Members	435 voting members
Term	2 years (all seats contested every two years)
Representation	Based on state population - California has 52 representatives; Wyoming has 1
Minimum age	25 years old
Presiding officer	Speaker of the House (elected by the majority party)
Exclusive powers	Initiate revenue bills, impeach federal officials

The Senate

Feature	Detail
Members	100 (2 per state regardless of population)
Term	6 years (one-third up for election every two years)
Representation	Equal - each state has exactly 2 senators
Minimum age	30 years old
Presiding officer	Vice President (casts tie-breaking votes); day-to-day presiding by the President Pro Tempore
Exclusive powers	Confirm presidential appointments, ratify treaties (two-thirds majority), try impeachment cases

Key Point: The Senate is often considered the more prestigious and powerful chamber because of its exclusive powers, longer terms, and the filibuster. This contrasts with the UK, where the House of Lords is subordinate to the House of Commons.

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Powers of Congress

Legislative Power

Congress's primary function is lawmaking. A bill must pass both chambers in identical form before being sent to the President for signature. Congress can legislate on any matter within its constitutional authority, including taxation, spending, defence, interstate commerce, and immigration.

Power of the Purse

Congress controls federal spending through the appropriations process. No money can be spent by the federal government without congressional authorisation. This is one of Congress's most significant checks on executive power.

• The House initiates revenue bills
• Both chambers must approve the annual federal budget
• Government shutdowns occur when Congress fails to pass appropriations bills (e.g., the 35-day shutdown in 2018-2019)

Oversight Power

Congress monitors and investigates the executive branch through:

• Committee hearings - questioning executive officials on policy implementation
• Investigations - such as the January 6th Select Committee (2021-2022) investigating the Capitol attack
• Subpoena power - compelling testimony and documents
• The Government Accountability Office (GAO) - Congress's investigative arm

War Powers

The Constitution gives Congress the power to declare war (Article I, Section 8). However, presidents have increasingly committed troops without formal declarations of war. The War Powers Resolution (1973) attempted to reassert congressional authority by requiring the President to:

• Notify Congress within 48 hours of deploying troops
• Withdraw forces within 60 days unless Congress authorises continued deployment
• Presidents of both parties have questioned the constitutionality of this resolution

Impeachment

• The House has the sole power to impeach (bring charges against) federal officials, including the President
• The Senate conducts the trial, with the Chief Justice presiding in presidential cases
• Conviction and removal require a two-thirds Senate majority
• Four presidents have faced impeachment proceedings: Andrew Johnson (1868), Richard Nixon (resigned 1974), Bill Clinton (1998-1999), and Donald Trump (2019-2020 and 2021)
• No president has ever been convicted and removed by the Senate

Confirmation of Appointments

The Senate must confirm presidential appointments to the Cabinet, federal judiciary (including Supreme Court justices), and ambassadorships. This provides a significant check on presidential power:

• The contentious confirmation of Brett Kavanaugh (2018) highlighted partisan divisions
• The Republican Senate's refusal to hold hearings for Merrick Garland (2016) demonstrated the political nature of the process
• The swift confirmation of Amy Coney Barrett (2020) just weeks before the election drew accusations of hypocrisy

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The Legislative Process

How a Bill Becomes Law

1. Introduction - A bill is introduced in either the House or Senate (revenue bills must originate in the House)
2. Committee stage - The bill is referred to the relevant standing committee, which may hold hearings, amend the bill, or "kill" it by taking no action
3. Floor debate - If reported out of committee, the bill is debated by the full chamber
4. Vote - The chamber votes on the bill (simple majority required)
5. Other chamber - The bill must pass the other chamber in identical form
6. Conference committee - If the two chambers pass different versions, a conference committee reconciles the differences
7. Presidential action - The President may sign the bill into law, veto it, or allow it to become law unsigned after 10 days

The Filibuster

The filibuster is a procedure unique to the Senate that allows a senator or group of senators to extend debate indefinitely, effectively blocking a vote on legislation. Ending a filibuster requires a cloture vote of 60 senators (out of 100).

The filibuster has become increasingly controversial:

Arguments for the filibuster:

• Protects minority rights and prevents "tyranny of the majority"
• Encourages bipartisan compromise
• Reflects the Senate's deliberative tradition