Ch6. Congress — Structure, Powers, and the Legislative Process

The Role and Structure of Congress

Constitutional role of Congress:
- Representative body of the people (representative democracy)
- Primary lawmaking branch (Art. I, §1)
- Oversight body of the federal government

Composition:
- House of Representatives: 435 members, 2-year terms
- Senate: 100 members (2 per state), 6-year terms
- Elections: single-member districts (House) + staggered Senate elections

Congressional Bodies

Presiding Officers:
- Speaker of the House: leads the House, sets agenda
- Senate Majority Leader + President pro tempore: lead the Senate
- Vice President: President of the Senate (tie-breaking vote)

Committees:
① Standing Committees: permanent, subject-matter jurisdiction
   (e.g., Ways and Means, Judiciary, Armed Services)
② Select/Special Committees: temporary, specific issues
   - Budget Committees (both chambers)
   - Ethics Committees (both chambers, standing)

Floor Vote:
- Final passage of legislation
- Conference committees reconcile House/Senate differences

Powers of Congress

Legislative Power

Federal lawmaking process:
Bill introduced (any Member of Congress)
    ↓
Committee markup and review
    ↓
Full committee vote → floor scheduling
    ↓
Floor debate and vote
- Simple majority of quorum (ordinary legislation)
- Two-thirds supermajority (override of presidential veto;
  constitutional amendments require 2/3 each chamber + 3/4 states)
    ↓
Sent to the President → signed into law (10 days)
or vetoed → veto override vote (2/3 of each chamber)

Appropriations Power (Budget and Spending)

Budget and Appropriations:
- President submits budget proposal (first Monday in February)
- Congress enacts appropriations bills
- Congress may increase line items within budget framework
- Congress may cut spending freely

Spending oversight:
- Government Accountability Office (GAO) audits federal spending
- Congressional Budget Office (CBO) scores legislation

Taxation:
- Art. I, §8: "all bills for raising revenue shall originate
  in the House of Representatives"
- No taxation without statutory authorization

Congressional Oversight

Oversight hearings:
- Standing committees hold hearings year-round
- Executive agencies must testify and produce records

Investigations:
- Select committees or standing committees conduct investigations
- Subpoena power for documents and testimony

Impeachment:
- House impeaches: President, Vice President,
  federal judges, and other civil officers
- Grounds: treason, bribery, or other high crimes and misdemeanors
- House vote: simple majority to impeach
- Senate trial: 2/3 of Senators present to convict and remove

Congressional removal of executive officers:
- Congress may not directly fire executive officers
  (separation of powers); removal is via impeachment or
  legislation restructuring offices

Members of Congress — Privileges and Obligations

Speech or Debate Clause (Art. I, §6):
- Senators and Representatives not questioned in any
  other place for any speech or debate in either House
- Does not cover bribery, fraud, or conduct outside official duties

Freedom from Arrest (Art. I, §6):
- Privileged from arrest during attendance at sessions
  and going to/from sessions (civil arrest; not criminal)
- Does not protect against criminal prosecution

Congressional obligations:
- Emoluments Clause: limits outside compensation
- Conflict-of-interest and ethics rules (House/Senate ethics codes)
- Duty to constituents and the public interest

House Impeachment Vote ★★★★★ : Simple majority in the House to impeach. Two-thirds of Senators present to convict in Senate trial. (Art. I, §§2–3.) Memory hook: House = majority; Senate trial = 2/3

Presidential Veto Override ★★★★★ : President vetoes → Congress overrides with 2/3 vote in both chambers. Bill becomes law without the President’s signature. Memory hook: override = 2/3 both chambers

Speech or Debate Clause Scope ★★★★☆ : Covers legislative acts (floor speeches, votes, committee work). Does not protect bribery, or acts outside legislative duties. Memory hook: Clause = legislative acts only

Practice Quiz

Q. What vote threshold is required to remove the President after an impeachment trial?

Two-thirds of Senators present must vote to convict. (Art. I, §3.) The House impeaches by simple majority; conviction and removal require the Senate supermajority.

Q. What is the difference between the House’s power to increase vs. cut spending?

Under the Appropriations Clause, Congress controls the purse: it may increase or decrease spending as it sees fit. However, the President may veto appropriations bills, requiring a 2/3 override. The House’s power of the purse originates revenue bills; the Senate may propose or concur with amendments.