A legislative body, the United States Congress, is the bicameral branch of the federal government of the United States. It is composed of two houses: the U.S. House of Representatives, which serves as the lower house, and the U.S. Senate, which functions as the upper house. Both chambers convene within the United States Capitol, situated in Washington, D.C..

Members of Congress are selected through direct election processes. However, in instances where a Senate seat becomes vacant, a governor holds the authority to appoint a replacement. The Congress comprises a total of 535 voting members. This figure breaks down into 100 senators, with two from each of the 50 states, and 435 representatives. Additionally, the House of Representatives includes 6 non-voting members who represent various U.S. territories and the District of Columbia. The vice president of the United States, by virtue of their role as President of the Senate, exercises a vote only in the event of a tie.

Congress operates on a two-year cycle, referred to as a term, or a "Congress." Each Congress is typically divided into two sessions, with each session corresponding to a calendar year. Elections for congressional seats occur every even-numbered year on Election Day. Representatives are elected to serve the full two-year term of a Congress. The Reapportionment Act of 1929 established the current fixed number of 435 representatives. The Uniform Congressional District Act mandates that representatives be elected from single-member constituencies, also known as districts. Furthermore, the Constitution requires that these congressional districts be apportioned among the states based on their population, as determined by the decennial U.S. census. Crucially, each state is guaranteed at least one congressional representative. Senators, conversely, are elected at-large within their respective states for a six-year term. These terms are staggered, meaning that approximately one-third of the Senate faces election every two years. This staggered system ensures continuity and prevents a complete overhaul of the Senate at any single election. Each state, irrespective of its population size or geographical area, is allocated two senators.

To be eligible for membership in Congress, individuals must meet specific constitutional requirements. Article One of the U.S. Constitution stipulates that a member of the House of Representatives must be at least 25 years old, a U.S. citizen for at least seven years, and an inhabitant of the state they represent. For senators, the age requirement is at least 30 years old, with a minimum of nine years of U.S. citizenship, and they too must be an inhabitant of the state they represent. Members of both chambers are permitted to seek re-election an unlimited number of times, a feature that contributes to the incumbency advantage.

The United States Congress was established by the U.S. Constitution and convened for the first time in 1789. It superseded the Congress of the Confederation, which had operated as a unicameral legislative body. While not legally mandated, it has become the customary practice since the late 19th century for members of Congress to be affiliated with one of the two major parties: the Democratic Party or the Republican Party. Affiliation with a third party or as an independent is rare, though not unheard of. Members retain the ability to switch their party affiliation at any time, though such switches are uncommon.

History

The genesis of the United States Congress can be traced back to the First Continental Congress, a gathering of representatives from twelve of the Thirteen Colonies. This body was instrumental in articulating colonial grievances and strategizing a unified response to British policies. On July 4, 1776, the Second Continental Congress took a monumental step by adopting the Declaration of Independence, formally declaring the colonies’ separation from Great Britain and establishing the new entity known as the "United States of America."

Following the Declaration, the Articles of Confederation, ratified in 1781, established the Congress of the Confederation. This was a unicameral legislature where each state held an equal vote, granting each state a veto over most significant decisions. The Congress of the Confederation possessed executive authority but lacked substantial legislative power. Its judicial reach was confined primarily to admiralty matters, and it lacked the essential powers to collect taxes, regulate commerce effectively, or enforce its own laws. This inherent weakness in governance and the inability to address national challenges effectively highlighted the critical need for a stronger, more centralized federal structure.

The deficiencies of the Articles of Confederation directly led to the Convention of 1787, also known as the Constitutional Convention. The delegates convened in Philadelphia with the initial aim of revising the Articles, but the discussions soon broadened to the creation of an entirely new framework for government. A pivotal debate revolved around state representation. Smaller states championed the principle of equal representation for each state, fearing that a population-based system would lead to their marginalization. Conversely, larger states advocated for representation proportional to their population, arguing that this was a more democratic and equitable arrangement. The effectiveness of a two-chamber structure in state governments also influenced the deliberations.

The deadlock was ultimately broken by the Connecticut Compromise, also referred to as the Great Compromise. This pivotal agreement established a bicameral legislature, satisfying the concerns of both large and small states. The House of Representatives was structured with representation based on population, thereby appeasing the larger states. Simultaneously, the Senate was designed with equal representation, granting two senators to each state, regardless of its population, thus protecting the interests of the smaller states. This compromise was crucial for the ratification of the Constitution and the formation of a cohesive federal government.

The ratified Constitution established a federal structure characterized by overlapping power centers, where individual citizens were subject to both state and national governmental authority. To prevent the concentration and abuse of power, the principle of the separation of powers was enshrined, allocating distinct spheres of authority to the executive, legislative, and judicial branches. Furthermore, the bicameral nature of the legislature itself provided an internal system of checks and balances, as legislation required the approval of both the House and the Senate. The new federal government officially commenced its operations in 1789.

Political scientist Julian E. Zelizer has proposed a periodization of congressional history, identifying four main eras with significant overlap: the formative era (roughly the 1780s to the 1820s), the partisan era (the 1830s to the 1900s), the committee era (the 1910s to the 1960s), and the contemporary era (from the 1970s to the present).

In the nascent years of the republic, Federalists and anti-federalists engaged in vigorous political contests as formal political parties began to coalesce. The adoption of the Constitution and the subsequent Bill of Rights effectively diminished the anti-federalist movement. However, many of its adherents coalesced into the Anti-Administration Party, which was being organized around 1790–1791 by James Madison and Thomas Jefferson to oppose the policies championed by Treasury Secretary Alexander Hamilton. This party soon evolved into the Democratic-Republican Party, also known as the Jeffersonian Republican Party, marking the beginning of the First Party System.

19th Century

The election of Thomas Jefferson to the presidency in 1800 represented a significant milestone: a peaceful transition of power between opposing political factions. During this era, Chief Justice John Marshall, the fourth chief justice of the Supreme Court, significantly expanded the judiciary's influence. Through the landmark decision in Marbury v. Madison in 1803, he established the principle of judicial review in law, granting the Supreme Court the power to nullify congressional legislation deemed unconstitutional.

The American Civil War, fought from 1861 to 1865, was a defining conflict that resolved the issue of slavery and solidified federal authority over the states. However, it also led to a relative weakening of the principle of states' rights. The subsequent Gilded Age (1877–1901) was characterized by the dominance of the Republican Party in Congress. This period witnessed an escalation in lobbying activities, particularly during the administration of President Ulysses S. Grant, where influential lobbies actively promoted railroad subsidies and protective tariffs, notably on wool. The nation experienced rapid growth fueled by high birth rates and substantial immigration. The Progressive Era that followed saw the emergence of strong party leadership within both houses of Congress, coupled with calls for reform. During this time, concerns about the corrupting influence of lobbyists on politics became more pronounced. The office of the Speaker of the House wielded considerable power, particularly under influential figures like Thomas Reed in the 1890s and Joseph Gurney Cannon.

20th Century

By the dawn of the 20th century, party structures and leadership had become central to organizing Senate proceedings, solidifying their role in legislative governance.

A system of seniority, whereby members of Congress gained increasing power with longer tenure, incentivized politicians from both parties to seek extended terms. Committee chairmen retained significant influence in both chambers until the reform movements of the 1970s began to rebalance power.

Key structural changes during this century included the direct popular election of senators, mandated by the Seventeenth Amendment, which was ratified on April 8, 1913. This amendment shifted senatorial elections from state legislatures to the populace, making senators more directly accountable to their constituents and reducing the perceived distance between the Senate and the electorate. Additionally, Supreme Court decisions interpreting the Constitution's commerce clause significantly expanded Congress's authority to regulate the economy, a trend that reshaped the balance of power between the federal government and the states. The Twentieth Amendment, often referred to as the "Lame Duck Amendment," reduced the influence of defeated or retiring members of Congress by shortening the period between elections and the commencement of new terms, thereby ensuring a more immediate transfer of power.

The Great Depression marked the ascendancy of President Franklin Roosevelt and a period of strong Democratic Party control in Congress, ushering in the transformative New Deal policies. Roosevelt's presidency in 1932 signaled a notable shift in governmental power towards the executive branch, with many New Deal initiatives originating from the White House rather than being proposed by Congress. President Roosevelt actively promoted his agenda by assigning Executive Branch staff to assist friendly Senate committees, a practice that was eventually curtailed by the Legislative Reorganization Act of 1946. The Democratic Party maintained control of both houses of Congress for an extended period, although a coalition of Republicans and conservative Southern Democrats, known as the Conservative Coalition, frequently exerted influence, particularly on key policy issues. Democrats retained control of Congress throughout World War II. In the postwar era, Congress grappled with issues of efficiency, implementing reforms that included reducing the number of standing congressional committees. Southern Democrats continued to be influential figures within many key committees, even as political power alternated between the Democratic and Republican parties. The increasing complexity of national issues, such as space exploration and atomic energy, necessitated greater specialization and expertise within Congress. During the era of McCarthyism, Senator Joseph McCarthy leveraged public fear of communism to conduct highly publicized televised hearings. The election of John F. Kennedy in 1960 shifted control back to the Democrats, who subsequently dominated both chambers of Congress from 1961 to 1980 and maintained a consistent majority in the House of Representatives from 1955 to 1994.

Congress enacted President Lyndon B. Johnson's ambitious Great Society programs, designed to combat poverty and hunger. The Watergate Scandal served as a significant catalyst, reawakening a somewhat dormant Congress to investigate presidential misconduct and alleged cover-ups. Political scientist Bruce J. Schulman noted that the scandal "substantially reshaped" the relationship between the branches of government. Partisanship saw a resurgence, particularly after 1994, with some analysts attributing this intensified conflict to the slim congressional majorities that discouraged collegial interactions. Congress began to reassert its authority in various domains. Lobbying activities became increasingly prominent, despite the passage of the Federal Election Campaign Act in 1971. Political action committees (PACs) were able to make substantial contributions to congressional campaigns through mechanisms such as soft money donations. While soft money was not directly tied to specific campaigns, it often provided significant indirect benefits to candidates, aiding in their re-election efforts. Reforms like the Bipartisan Campaign Reform Act of 2002 aimed to limit campaign donations but did not entirely curtail soft money contributions. Some sources suggest that post-Watergate laws, amended in 1974 with the intention of reducing the "influence of wealthy contributors and end payoffs," inadvertently "legitimized PACs" by enabling individuals to pool resources in support of candidates.

The period between 1974 and 1984 saw a dramatic increase in the number of PACs, from 608 to 3,803, with their contributions escalating from $12.5 million to$120 million. This growth was accompanied by heightened concerns regarding the influence of PACs in Congress. By 2009, approximately 4,600 business, labor, and special-interest PACs were active, representing diverse groups such as lawyers, electricians, and real estate brokers. During the 2007–2008 election cycle, 175 members of Congress received half or more of their campaign funding from PACs.

From 1970 to 2009, the House of Representatives expanded the roles and privileges of its delegates, who represent U.S. citizens residing in non-state areas. This expansion began with the assignment of committee representation to Puerto Rico's resident commissioner in 1970. In 1971, a delegate for the District of Columbia was authorized, followed by the establishment of delegate positions for the U.S. Virgin Islands and Guam in 1972. In 1978, American Samoa gained its own delegate.

In the latter part of the 20th century, the media's role in Congress's operations became increasingly significant. Analyst Michael Schudson posited that increased media exposure diminished the power of political parties and created more avenues for individual representatives to influence decisions. Norman Ornstein suggested that media prominence amplified the negative and sensational aspects of congressional reporting, leading to what he termed the tabloidization of media coverage. Others observed a pressure to condense complex political positions into brief, thirty-second soundbites. A report in 2013 characterized Congress as unproductive and gridlocked, setting "records for futility." In October 2013, Congress's inability to reach a compromise led to a government shutdown lasting several weeks and jeopardized debt payments, causing 60% of the public to express a desire to "fire every member of Congress." A subsequent report indicated that Congress posed the "biggest risk to the U.S. economy" due to its propensity for brinksmanship, recurring budget and debt crises, and "indiscriminate spending cuts," which contributed to slowed economic activity and approximately two million unemployed individuals. Public dissatisfaction with Congress reached unprecedented levels, with approval ratings plummeting to 5% in October 2013.

21st Century

The United States Capitol Police (USCP) investigates thousands of "concerning statements" and direct threats against Members of Congress, their families, and staff annually. The number of such cases has seen an upward trend in recent years, often increasing during election periods.

In 2009, Congress authorized an additional delegate for the Northern Mariana Islands. These six non-voting members of Congress are granted floor privileges to introduce bills and resolutions. In recent Congresses, they have been permitted to vote in permanent and select committees, participate in party caucuses, and engage in joint conferences with the Senate. They are provided with Capitol Hill offices, staff, and are allocated two annual appointments to each of the four military academies. While their votes are constitutionally valid in committee proceedings, such as when the House meets as the Committee of the Whole, recent Congresses have not consistently allowed for this. Crucially, they are unable to vote when the House convenes as the House of Representatives.

Democratic Backsliding in the United States § Congress

Despite the fundamental role of Congress outlined in Article One, its power has demonstrably diminished over time, both intentionally and unintentionally, relative to the executive and judicial branches. This erosion of legislative authority has been a subject of significant scholarly and political debate.

Women in Congress

Historically, women have faced considerable social and structural obstacles in their pursuit of seats in Congress. In the early 20th century, prevailing societal norms that confined women to domestic roles and the systemic inability to vote severely limited their opportunities to run for and hold public office. The entrenched two-party system and the absence of term limits generally favored incumbent white men, making the widow's succession—whereby a woman temporarily filled a seat vacated by her deceased husband—the most common, albeit limited, pathway to Congress for white women.

The latter half of the 20th century witnessed a significant increase in women's political participation and representation. This progress can be attributed, in part, to the development of new political support mechanisms and a growing public awareness of women's underrepresentation in Congress. Until the advent of the second-wave feminism movement, recruitment and financial support for women candidates were scarce. Activists from the feminist movement began to engage directly in electoral politics, and starting in the 1970s, donors and political action committees, such as EMILY's List, emerged to actively recruit, train, and fund women candidates. Pivotal political moments, including the confirmation of Clarence Thomas to the Supreme Court and the 2016 United States presidential election, generated significant momentum for women candidates, leading to events like the Year of the Woman and the election of members known as The Squad.

Women of color encountered additional, compounded challenges that rendered their path to Congress even more arduous. Prevalent Jim Crow laws, systemic voter suppression, and other manifestations of structural racism created formidable barriers, making it virtually impossible for women of color to secure congressional representation prior to 1965. The passage of the Voting Rights Act that year and the dismantling of race-based immigration laws in the 1960s opened new possibilities for Black, Asian American, Latina, and other non-white women to pursue candidacies for Congress.

Despite these advancements, racially polarized voting patterns, persistent racial stereotypes, and a lack of robust institutional support continue to hinder women of color from achieving congressional representation as readily as their white counterparts. Senate elections, which necessitate victories in statewide electorates, have historically presented particular difficulties for women of color. Carol Moseley Braun made history in 1993 as the first woman of color elected to the Senate, followed by Mazie Hirono in 2013. In 2021, Kamala Harris attained a significant milestone by becoming the first female President of the Senate, a role that accompanied her historic election as the first female Vice President of the United States.

Role

Powers

The Article One of the Constitution lays the foundation for Congress, delineating its structure and enumerating a broad spectrum of powers. Sections One through Six detail the electoral processes for both chambers and grant each the autonomy to establish its internal organization. Section Seven outlines the legislative process, while Section Eight enumerates specific congressional powers. Section Nine delineates limitations on congressional authority, and Section Ten specifies powers reserved to the states, some of which require congressional consent for their exercise. Subsequent constitutional amendments have further expanded Congress's powers. Moreover, Congress possesses implied powers derived from the Necessary and Proper Clause of the Constitution, which grants it the authority to enact laws deemed necessary and proper for executing its enumerated powers.

Congress wields significant authority over financial and budgetary matters, underpinned by its enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States." While this grants extensive control over budgets, analyst Eric Patashnik suggests that Congress's capacity to manage the budget has been diminished by the expansion of the welfare state, as "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm." Another contributing factor to reduced budgetary control has been the widespread adoption of Keynesian economic principles, which often de-emphasized the necessity of balanced budgets.

The Sixteenth Amendment, ratified in 1913, empowered Congress to levy income taxes without apportionment among the states and without regard to census data. The Constitution also grants Congress the exclusive power to appropriate funds, a crucial aspect of its power of the purse, which serves as a primary check on the executive branch. Congress can also borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money. While the Senate and House of Representatives generally share equal legislative authority, the Constitution specifies that only the House may originate revenue and appropriation bills.

Congress plays a vital role in national defense, holding the exclusive power to declare war, to raise and maintain the armed forces, and to establish rules governing the military. Critics, however, contend that the executive branch has increasingly usurped Congress's constitutionally mandated role in declaring war. Historically, presidents have initiated the process for engaging in military conflicts, seeking and obtaining formal war declarations from Congress for major engagements such as the War of 1812, the Mexican–American War, the Spanish–American War, World War I, and World War II. However, President Theodore Roosevelt's military intervention in Panama in 1903 did not receive congressional approval. Following the North Korean invasion of 1950, President Truman characterized the American response as a "police action." According to Time magazine in 1970, U.S. presidents had ordered troops into action without a formal congressional declaration on 149 occasions. In 1993, Michael Kinsley argued that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," asserting that the "real erosion [of Congress's war power] began after World War II." Disagreements regarding the delineation of war powers between Congress and the president have been a recurring feature throughout the nation's history.

Congress is also empowered to establish post offices and post roads, issue patents and copyrights, set standards for weights and measures, establish Courts inferior to the Supreme Court, and enact "all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Furthermore, Article Four grants Congress the authority to admit new states into the Union.

One of Congress's most significant non-legislative functions is its power to investigate and oversee the executive branch. This Congressional oversight is typically delegated to committees and is facilitated by Congress's subpoena power. Critics have argued that Congress has, in some instances, failed to adequately oversee the other branches of government. For example, during the Plame affair, critics, including Representative Henry A. Waxman, contended that Congress was not conducting sufficient oversight. Concerns have also been raised regarding congressional oversight of executive actions such as warrantless wiretapping, although others maintain that Congress did indeed investigate the legality of presidential decisions. Political scientists Ornstein and Mann suggest that oversight functions do not significantly contribute to members of Congress winning re-election. Congress also holds the exclusive power of removal, which includes the authority to impeach and remove the president, federal judges, and other federal officers. It has been argued that presidents, acting under the doctrine of the unitary executive, have assumed significant legislative and budgetary powers that constitutionally belong to Congress. Signing statements, issued by presidents upon signing legislation, are cited as one method by which a president can "tip the balance of power between Congress and the White House a little more in favor of the executive branch," according to one commentator. Past presidents, including Ronald Reagan, George H. W. Bush, Bill Clinton, and George W. Bush, have issued public statements upon signing congressional legislation, clarifying their interpretation or intended execution of the bill. Commentators, including the American Bar Association, have criticized this practice as potentially undermining the spirit of the Constitution. Concerns also exist that the president's authority to address financial crises may be encroaching upon the powers of Congress. In 2008, George F. Will famously described the Capitol building as a "tomb for the antiquated idea that the legislative branch matters."

Enumeration

The Constitution explicitly enumerates the powers of Congress. Additionally, various constitutional amendments have granted or confirmed further congressional powers. The Thirteenth (1865), Fourteenth (1868), and Fifteenth Amendments (1870) empowered Congress to enact legislation enforcing the rights of African Americans, including voting rights, due process, and equal protection under the law. Generally, militia forces are under the control of state governments, not Congress.

Implicit, Commerce Clause

Congress also possesses implied powers derived from the Constitution's Necessary and Proper Clause, which authorizes Congress to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Broad interpretations of this clause, alongside expansive readings of the Commerce Clause—the enumerated power to regulate commerce—in landmark rulings such as McCulloch v. Maryland, have significantly broadened the scope of Congress's legislative authority beyond the specific grants outlined in Section Eight of Article One.

Territorial Government

Congress holds constitutional responsibility for the oversight of Washington, D.C., the nation's federal district and capital, as well as the U.S. territories of Guam, American Samoa, Puerto Rico, the U.S. Virgin Islands, and the Northern Mariana Islands. Congress has enacted statutes that devolve republican forms of government to these territories, including the direct election of governors and locally elected territorial legislatures.

Each territory and Washington, D.C., elects a non-voting delegate to the U.S. House of Representatives, a practice that has a long history in congressional affairs. These delegates possess the same powers as other House members, with the crucial exception of voting when the House convenes as the full House of Representatives. They are provided with Capitol Hill offices, staff allowances, participate in debates, and have the authority to appoint constituents to the four military service academies. While their votes are constitutionally valid in certain committee proceedings, recent Congresses have not consistently permitted them to vote on the House floor. Notably, citizens of Washington, D.C., are unique among U.S. territories in their right to directly vote for the President of the United States, although delegates from major territories participate in the national political party conventions that nominate presidential candidates.

Checks and Balances

The United States Capitol, as viewed from the United States Supreme Court building. The impeachment trial of President Clinton in 1999, presided over by Chief Justice William Rehnquist.

Representative Lee H. Hamilton articulated the role of Congress within the federal governmental structure:

To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each other – balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights ... No one part of government dominates the other.

The Constitution establishes a system of checks and balances among the three branches of the federal government. The framers of the Constitution anticipated that Congress would be the preeminent branch, as detailed in Article One.

The influence of Congress over the presidency has fluctuated throughout history, contingent upon factors such as congressional leadership, the president's political capital, historical contexts like wartime, and the individual initiative of members of Congress. The impeachment of Andrew Johnson significantly curtailed presidential power relative to Congress for a considerable period thereafter. The 20th and 21st centuries have witnessed a notable expansion of presidential power under leaders such as Theodore Roosevelt, Woodrow Wilson, Franklin D. Roosevelt, Richard Nixon, Ronald Reagan, and George W. Bush. Congress has sought to curb presidential power through legislation such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution. Nevertheless, the presidency today commands considerably more power than it did in the 19th century. Executive branch officials often exhibit reluctance in disclosing sensitive information to members of Congress due to concerns about confidentiality breaches. Conversely, aware of potential information gaps regarding executive branch activities, congressional officials may harbor distrust toward their counterparts in executive agencies. Many governmental actions necessitate swift, coordinated efforts involving numerous agencies, a task for which Congress, being inherently slow, open, and divided, is poorly equipped. This inherent structure renders Congress less suited for rapid executive action or effective oversight of such activities, according to one analysis.

The Constitution vests removal powers exclusively in Congress, empowering and obligating the House of Representatives to impeach executive or judicial officials for "Treason, Bribery, or other high Crimes and Misdemeanors." Impeachment is the formal accusation of unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated to conduct trials for all impeachments. A simple majority in the House is required for impeachment, while a two-thirds majority in the Senate is necessary for conviction. A convicted official is automatically removed from office; additionally, the Senate may bar the individual from holding future office. Impeachment proceedings do not extend beyond these measures. A convicted party may still face criminal prosecution in a standard court of law. Throughout U.S. history, the House of Representatives has impeached sixteen officials, seven of whom were convicted. One official resigned prior to the Senate completing the trial. Three presidents have been impeached: Andrew Johnson in 1868, Bill Clinton in 1999, and Donald Trump in 2019 and 2021. The trials of Johnson, Clinton, and the 2019 trial of Trump all concluded with acquittals. In Johnson's case, the Senate fell just one vote short of the two-thirds majority required for conviction. In 1974, Richard Nixon resigned from office following impeachment proceedings initiated by the House Judiciary Committee, which had indicated his removal from office.

The Senate exercises a significant check on executive power through its role in confirming Cabinet officials, judges, and other high-ranking officers, requiring "by and with the Advice and Consent of the Senate." While the Senate confirms most presidential nominees, rejections are not infrequent. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to become effective. This process can lead to intense presidential lobbying of senators prior to crucial votes; for instance, President Obama's Secretary of State, Hillary Clinton, urged her former Senate colleagues to approve a nuclear arms treaty with Russia in 2010. The House of Representatives has no formal role in treaty ratification or the appointment of federal officials, with the sole exception of filling a vacancy in the office of the vice president. In such circumstances, a majority vote in both houses is required to confirm the president's nomination of a vice president.

In 1803, the Supreme Court, in the landmark case of Marbury v. Madison, established the principle of judicial review of federal legislation, ruling that Congress could not grant unconstitutional powers to the Court itself. Although the Constitution did not explicitly grant this power, the concept of courts declaring laws unconstitutional was contemplated by the founding fathers. Alexander Hamilton, for example, discussed and elaborated on this doctrine in Federalist No. 78. Originalists on the Supreme Court argue that any power not explicitly granted by the Constitution is unconstitutional. Judicial review significantly limits congressional power by allowing the Supreme Court to nullify laws passed by Congress. A notable instance occurred in 1857 when the Supreme Court, in its Dred Scott decision, struck down provisions of a congressional act from 1820. Conversely, the Supreme Court can also expand congressional power through its interpretations of the Constitution.

The congressional inquiry into St. Clair's Defeat in 1791 marked the first instance of Congress investigating the executive branch. Investigations are conducted to gather information necessary for future legislation, assess the effectiveness of existing laws, and scrutinize the qualifications and performance of members and officials of other branches of government. Committees can hold public hearings and, when necessary, issue subpoenas to compel testimony. Witnesses who refuse to testify may be cited for contempt of Congress, and those who provide false testimony can be charged with perjury. Most committee hearings are open to the public, with the notable exception of the House and Senate intelligence committees. Significant hearings are widely reported in the mass media, and transcripts are typically published within a few months. In its efforts to study potential legislation and investigate matters, Congress generates a substantial volume of information in various formats, functioning effectively as a publisher. It publishes House and Senate reports and maintains databases that are periodically updated with publications in diverse electronic formats. Congress also plays a role in presidential elections, with both Houses convening in a joint session on January 6th following a presidential election to count electoral votes, and established procedures are in place should no candidate secure a majority. The primary output of congressional activity is the creation of laws, most of which are codified in the United States Code, organized alphabetically by subject matter into fifty title headings to present the laws in a "concise and usable form."

Structure

Congress is organized into two distinct chambers: the House and the Senate. This division of labor allows Congress to manage the complex task of crafting national legislation by specializing legislative work within various committees. Some members of Congress are elected by their peers to serve as officers of these committees. Additionally, Congress is supported by ancillary organizations such as the Government Accountability Office and the Library of Congress, which provide crucial information and research. Members of Congress are also assisted by their own staff and offices. Furthermore, a substantial industry of lobbyists actively assists members in drafting legislation on behalf of diverse corporate and labor interests.

Committees

Specializations

The committee system enables members of Congress to delve deeply into specific subject areas. It is neither expected nor feasible for a member to possess expertise across all policy domains. As members gain experience, they often develop specialized knowledge in particular subjects and their legal intricacies. Committees conduct in-depth investigations into specialized topics and provide recommendations to the full chamber. A member's choice of specialization may be influenced by their constituency's needs, significant regional issues, and their prior background and experience. Senators often select different areas of specialization from their state's other senator to avoid overlapping responsibilities. Some committees specialize in managing the operations of other committees and wield considerable influence over all legislation; for instance, the House Ways and Means Committee holds substantial sway over House affairs.

Power

Committees play a critical role in drafting legislation. Although procedural mechanisms, such as the House discharge petition process, can bring bills to the House floor and effectively bypass committee review, these procedures are exceedingly difficult to implement without committee action. Committees are recognized for their power and have been described as independent fiefdoms. Legislative, oversight, and internal administrative tasks are distributed among approximately two hundred committees and subcommittees, which gather information, evaluate alternatives, and identify problems. They then propose solutions for consideration by the full chamber. In addition, they perform oversight functions by monitoring the executive branch and investigating potential wrongdoing.

Officer

At the commencement of each two-year session, the House elects a speaker, who typically does not preside over debates but serves as the majority party's leader. In the Senate, the vice president acts as the ex officio president of the Senate. The Senate also elects an officer known as the president pro tempore. The term "pro tempore" signifies "for the time being," and this position is customarily held by the most senior member of the Senate's majority party. This role is typically maintained until a shift in party control occurs. Consequently, the Senate does not necessarily elect a new president pro tempore at the beginning of each new Congress. In both the House and the Senate, the presiding officer is generally a junior member of the majority party, appointed to familiarize new members with the chamber's rules.

Support Services

Library of Congress

The Library of Congress was established by an act of Congress in 1800. Its primary facilities are located across three buildings on Capitol Hill, but its operations extend to several other sites, including the National Library Service for the Blind and Physically Handicapped in Washington, D.C., the National Audio-Visual Conservation Center in Culpeper, Virginia, a substantial book storage facility in Fort Meade, Maryland, and multiple overseas offices. Initially, the Library's collection consisted primarily of law books. However, after its destruction by British forces in 1814 during the War of 1812, its collections were restored and significantly expanded through the purchase of Thomas Jefferson's personal library. One of the Library's core missions is to serve Congress and its staff, as well as the general public. It is recognized as the largest library globally, housing nearly 150 million items, including books, films, maps, photographs, music, manuscripts, graphics, and materials in 470 languages.

Congressional Research Service

The Congressional Research Service, an integral part of the Library of Congress, provides comprehensive, up-to-date, and non-partisan research services to senators, representatives, and their staff, aiding them in fulfilling their official duties. It generates legislative ideas, assists members in analyzing proposed bills, facilitates public hearings, produces reports, offers consultations on matters such as parliamentary procedure, and supports the two chambers in resolving disagreements. It is often referred to as the "House's think tank" and employs a staff of approximately 900 individuals.

Congressional Budget Office

The Congressional Budget Office (CBO) operates as a federal agency tasked with providing economic data and analysis to Congress. Established as an independent, non-partisan agency by the Congressional Budget and Impoundment Control Act of 1974, the CBO plays a crucial role in assisting Congress with budgetary matters. It helps Congress estimate revenue inflows from taxation and supports the budgeting process by producing projections on subjects such as the national debt and the anticipated costs of proposed legislation. The CBO also prepares an annual Economic and Budget Outlook, including a mid-year update, and compiles an Analysis of the President's Budgetary Proposals for the Senate's Appropriations Committee. The director of the CBO is jointly appointed by the Speaker of the House and the Senate's president pro tempore for a four-year term.

Lobbying

Lobbyists, representing a diverse array of interests, frequently engage with congressional members to influence legislative decisions in favor of their clients' objectives. Lobby groups and their members sometimes draft legislation and engage in whipping votes. In 2007, an estimated 17,000 federal lobbyists were active in Washington, D.C. They serve to inform legislators about the goals of their respective organizations. Some lobbyists represent non-profit entities and may work pro bono on issues that align with their personal interests.

Police

The United States Capitol Police are responsible for the safety and security of members of Congress, staff, visitors, and the Capitol Complex.

Partisanship versus Bipartisanship

Congress has experienced alternating periods of constructive cooperation and compromise between political parties, a phenomenon known as bipartisanship, and periods of intense political polarization marked by significant infighting, termed partisanship. The era following the Civil War was characterized by partisanship, a trend that has become notably pronounced in contemporary times. Political scientists suggest that the prevalence of narrow majorities in both chambers of Congress over the past few decades may have intensified partisanship. However, they also posit that the alternating control of Congress between Democrats and Republicans could foster greater policy flexibility, pragmatism, and civility within the institution.

Procedures

Sessions

A term of Congress is divided into two "sessions," each corresponding to a calendar year. Congress may occasionally be convened for an extra or special session to address urgent matters. A new session typically commences on January 3rd each year, unless Congress determines otherwise. The Constitution mandates that Congress convene at least once annually and prohibits either house from adjourning for more than three days without the consent of the other house.

Joint Sessions

Joint sessions of the United States Congress occur on specific occasions that necessitate a concurrent resolution from both the House and the Senate. These events include the counting of electoral votes following a presidential election and the president's delivery of the State of the Union address. The constitutionally mandated report, typically presented as an annual speech, is modeled after Britain's Speech from the Throne. While most presidents after Jefferson submitted their reports in writing, the practice of personally delivering the address as a spoken oration was revived by Wilson in 1913. Joint sessions and joint meetings are traditionally presided over by the Speaker of the House, with the exception of the counting of presidential electoral votes, during which the Vice President, acting as President of the Senate, presides.

Bills and Resolutions

Ideas for legislation can originate from members of Congress, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. While anyone can draft a bill, only members of Congress have the authority to introduce them. The majority of bills presented to Congress are drafted by the Executive branch, and interest groups also frequently contribute to bill drafting. The subsequent step typically involves referring the proposal to a committee for review. A legislative proposal usually takes one of the following forms:

• Bills: These are proposed laws in the process of becoming enacted. A bill originating in the House of Representatives is designated with the prefix "H.R.," followed by a sequential number that is maintained throughout its legislative journey.
• Joint Resolutions: There is minimal distinction between a bill and a joint resolution, as both are processed similarly. A joint resolution originating in the House, for instance, begins with the prefix "H.J.Res.," followed by its assigned number.
• Concurrent Resolutions: These resolutions affect both the House and the Senate and are therefore not presented to the president for approval. In the House, they are designated with the prefix "H.Con.Res."
• Simple Resolutions: These resolutions pertain solely to the internal affairs of either the House or the Senate and are identified by the prefixes "H.Res." or "S.Res.," respectively.

Representatives introduce a bill during a House session by placing it in the hopper located at the Clerk's desk. The bill is then assigned a number and referred to a committee, where it undergoes thorough examination. The drafting of statutes requires "great skill, knowledge, and experience" and can sometimes take a year or longer to complete. Lobbyists occasionally draft legislation and submit it to a member for introduction. Joint resolutions are the customary method for proposing constitutional amendments or declaring war. In contrast, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not carry the force of law but serve to express the opinion of Congress or to regulate procedure. Bills may be introduced by any member of either chamber. The Constitution stipulates that "All Bills for raising Revenue shall originate in the House of Representatives." While the Senate cannot originate revenue and appropriation bills, it retains the power to amend or reject them. Congress has explored various mechanisms to establish appropriate spending levels.

Each chamber determines its own internal rules of operation, unless otherwise specified in the Constitution or prescribed by law. In the House, the Rules Committee plays a pivotal role in guiding legislation, while in the Senate, the Standing Rules committee oversees these matters. Each branch adheres to its own traditions; for example, the Senate frequently relies on the practice of obtaining "unanimous consent" for non-controversial matters. The rules governing the House and Senate can be intricate, sometimes requiring as many as one hundred specific steps before a bill can become law. Members occasionally consult outside experts to gain a better understanding of proper congressional procedures.

Every bill progresses through several stages in each house, including deliberation by a committee and input from the Government Accountability Office. Most legislation is considered by standing committees, which possess jurisdiction over specific subject areas such as Agriculture or Appropriations. The House has twenty standing committees, while the Senate has sixteen. Standing committees typically meet at least once each month. The vast majority of standing committee meetings convened for transacting business must be open to the public, unless the committee publicly votes to close the meeting. Committees may convene public hearings on significant bills. Each committee is headed by a chair from the majority party and a ranking member from the minority party. Witnesses and experts are invited to present their arguments for or against a bill. Subsequently, a bill may proceed to a "markup session," during which committee members debate its merits and may propose amendments or revisions. Committees may also amend the bill, but the full chamber retains the authority to accept or reject committee amendments. Following debate, the committee votes on whether to report the measure to the full chamber. If a bill is tabled, it is effectively rejected. If amendments are extensive, a new bill incorporating the amendments may be introduced as a "clean bill" with a new number. Both chambers possess procedures that allow for committees to be bypassed or overruled, but these are rarely invoked. Generally, members with longer tenure in Congress enjoy greater seniority and, consequently, more power.

A bill that reaches the floor of the full chamber can be straightforward or complex. It begins with an enacting formula such as "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled...". The consideration of a bill requires a specific rule, which is a simple resolution detailing the parameters of debate, including time limitations, the possibility of further amendments, and other procedural aspects. Each side is allocated equal debate time, and members can yield their time to other members who wish to speak. Opponents may seek to recommit a bill, meaning to alter a portion of it. Typically, debate requires a quorum, usually defined as a majority of the total number of representatives, before it can commence, although exceptions exist. The chamber may then debate and amend the bill, with the precise procedures differing between the House and the Senate. A final vote on the bill follows.

Once a bill is approved by one chamber, it is transmitted to the other, which may pass, reject, or amend it. For a bill to become law, both chambers must agree to identical versions. If the second chamber amends the bill, the differences between the two versions must be reconciled in a conference committee, an ad hoc committee comprising senators and representatives. This committee may utilize a reconciliation process to limit budget bills. Both chambers employ a budget enforcement mechanism, informally known as pay-as-you-go or PAYGO, which discourages members from considering legislation that increases budget deficits. If both houses agree to the version reported by the conference committee, the bill is passed; otherwise, it fails.

The Constitution mandates that a majority of members (a quorum) be present before business can be conducted in each house. The rules of each chamber generally assume a quorum is present unless a quorum call demonstrates otherwise, and debate often continues even in the absence of a majority.

Voting within Congress can be conducted through various methods, including systems utilizing lights and bells, as well as electronic voting. Both houses employ voice voting for most matters, where members shout "aye" or "no," and the presiding officer announces the outcome. The Constitution requires a recorded vote if requested by one-fifth of the members present or when voting to override a presidential veto. If the voice vote is unclear or the matter is contentious, a recorded vote is typically held. The Senate utilizes roll-call voting, in which a clerk calls out the names of all senators, each stating "aye" or "no" when their name is called. In the Senate, the Vice President can cast the tie-breaking vote if the senators are equally divided.

The House reserves roll-call votes for the most formal proceedings, as calling the roll of all 435 representatives is time-consuming. Typically, members vote using an electronic device. In the event of a tie, the motion in question fails. Most House votes are conducted electronically, allowing members to vote "yea," "nay," or "present." Members insert a voting ID card and can change their votes within the last five minutes if they choose. Paper ballots are also used occasionally, with "yea" indicated by green and "nay" by red. A member cannot cast a proxy vote for another. Congressional votes are recorded in an online database.

Following passage by both houses, a bill is enrolled and presented to the president for approval. The president may sign it into law or veto it, potentially returning it to Congress with objections. A vetoed bill can still become law if each house of Congress overrides the veto with a two-thirds majority. Alternatively, the president may take no action—neither signing nor vetoing the bill—in which case it automatically becomes law after ten days (excluding Sundays), as stipulated by the Constitution. However, if Congress adjourns within this ten-day period, the president can veto legislation passed at the end of a session simply by not signing it; this maneuver is known as a pocket veto and cannot be overridden by an adjourned Congress.

Public Interaction

Advantage of Incumbency

Citizens and Representatives: Senators face re-election every six years, and representatives every two years. These regular elections encourage candidates to focus their publicity efforts on their home states or districts. Critics argue that the demanding process of campaigning, involving extensive travel and fundraising, diverts senators and representatives from their legislative duties. Others contend that this process is essential for maintaining their connection with constituents.

Incumbent members of Congress running for re-election possess significant advantages over challengers. They typically raise more campaign funds because donors perceive incumbents as more likely to win, and financial contributions are crucial for electoral success. One critic likened election to Congress to obtaining life tenure at a university. Another advantage for representatives stems from the practice of gerrymandering. Following each decennial census, states are allocated representatives based on population, and incumbent officials can manipulate congressional district boundaries to favor candidates from their party. Consequently, reelection rates for members of Congress consistently hover around 90 percent, leading some critics to label them a privileged class. Academics such as Princeton's Stephen Macedo have proposed solutions to address gerrymandering in the U.S.. Senators and representatives benefit from free mailing privileges, known as franking privileges, which, although not intended for electioneering, are often utilized for borderline election-related mailings during campaign periods.

Expensive Campaigns

The cost of running for Congress has escalated dramatically since 1971, when the expense for a race in Utah was $70,000. Television advertisements represent the largest expenditure in modern campaigns. Today, House races can cost over a million dollars, and Senate races often exceed six million dollars. Given the vital importance of fundraising, "members of Congress are forced to spend ever-increasing hours raising money for their re-election."

The Supreme Court has classified campaign contributions as a matter of free speech. Some argue that money plays a beneficial role in politics by "enabling candidates to communicate with voters." Few members retire from Congress without expressing dissatisfaction regarding the financial demands of campaigning for re-election. Critics contend that members of Congress are more inclined to prioritize the needs of substantial campaign contributors over those of ordinary citizens.

Elections are influenced by a multitude of factors. Some political scientists hypothesize the existence of a coattail effect, where a popular president or party's success leads to the re-election of incumbents who benefit from this association. However, evidence suggests that the coattail effect is inconsistent and may have been declining since the 1950s. Certain districts are so heavily aligned with either the Democratic or Republican party that they are termed safe seats. Candidates winning the primary in these districts are almost guaranteed election and do not need to expend significant funds on advertising. Conversely, some races become competitive when an incumbent is not running. In open districts where a seat becomes vacant, both parties may invest heavily in advertising. For example, in California in 1992, only four out of twenty races for House seats were considered highly competitive.

Television and Negative Advertising

Since members of Congress must extensively advertise on television, this often involves negative advertising, which attacks an opponent's character without focusing on substantive issues. Negative advertising is perceived as effective because "the messages tend to stick." Such advertisements contribute to public disillusionment with the political process overall, as most members of Congress strive to avoid blame. A single misstep or damaging television image can lead to electoral defeat, fostering a culture of risk aversion, a need for policy decisions to be made behind closed doors, and a concentration of publicity efforts within members' home districts.

Perceptions

The Federalist Papers, which advocated for a strong connection between citizens and their representatives, emphasized the importance of elections for liberty and the essential bond between the people and their elected officials, stating that "frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectually secured." In 2009, few Americans expressed familiarity with congressional leaders. The percentage of eligible voters who participated in elections declined from 63% in 1960, although a slight upward trend was observed in the 2008 election. Public opinion polls gauging approval of Congress's performance have generally hovered around 25% in recent decades, with some fluctuations. Scholar Julian Zelizer suggested that the "size, messiness, virtues, and vices that make Congress so interesting also create enormous barriers to our understanding the institution ... Unlike the presidency, Congress is difficult to conceptualize." Other scholars argue that despite criticism, "Congress is a remarkably resilient institution ... its place in the political process is not threatened ... it is rich in resources" and that most members conduct themselves ethically. They contend that "Congress is easy to dislike and often difficult to defend," a perception exacerbated by the common practice of challengers running against Congress itself—an "old form of American politics"—which further damages the institution's public reputation:

The rough-and-tumble world of legislating is not orderly and civil, human frailties too often taint its membership, and legislative outcomes are often frustrating and ineffective ... Still, we are not exaggerating when we say that Congress is essential to American democracy. We would not have survived as a nation without a Congress that represented the diverse interests of our society, conducted a public debate on the major issues, found compromises to resolve conflicts peacefully, and limited the power of our executive, military, and judicial institutions ... The popularity of Congress ebbs and flows with the public's confidence in government generally ... the legislative process is easy to dislike – it often generates political posturing and grandstanding, it necessarily involves compromise, and it often leaves broken promises in its trail. Also, members of Congress often appear self-serving as they pursue their political careers and represent interests and reflect values that are controversial. Scandals, even when they involve a single member, add to the public's frustration with Congress and have contributed to the institution's low ratings in opinion polls.

— Smith, Roberts & Wielen

An additional factor contributing to public misunderstanding of Congress is the increasing technical complexity of congressional issues, requiring expertise in fields such as science, engineering, and economics. Consequently, Congress frequently cedes authority to experts within the executive branch.

Since 2006, Congress's standing in Gallup confidence polls has declined by ten points, with only nine percent of Americans expressing "a great deal" or "quite a lot" of confidence in their legislators. Since 2011, Gallup polls have reported Congress's approval rating among Americans at 10% or below on three separate occasions. Public opinion of Congress further deteriorated to 5% in October 2013, following a partial government shutdown attributed to congressional inaction.

Smaller States and Bigger States

When the Constitution was ratified in 1787, the population ratio between the largest and smallest states was approximately twelve to one. The Connecticut Compromise ensured that every state, regardless of size, received an equal vote in the Senate. With each state having two senators, residents of smaller states possess proportionally greater influence in the Senate than residents of larger states. However, since 1787, the population disparity between large and small states has widened considerably; for instance, in 2006, California had seventy times the population of Wyoming. Critics, including constitutional scholar Sanford Levinson, argue that this population disparity disadvantages residents of large states and leads to a continuous redistribution of resources from larger states to smaller ones. Conversely, others contend that the Connecticut Compromise was intentionally designed by the Founding Fathers to establish the Senate with equal state representation, independent of population, and that this arrangement functions effectively overall.

Members and Constituents

A primary role for members of Congress is to provide services to their constituents. Constituents frequently seek assistance with various problems. Providing such services aids members of Congress in securing votes and winning elections and can be decisive in closely contested races. Congressional staff can assist citizens in navigating complex government bureaucracies. One academic described the intricate and interconnected relationship between lawmakers and their constituents as "home style."

Motivation

Former University of Rochester political science professor Richard Fenno categorized lawmakers' motivations into three main types:

• Reelection: These lawmakers are characterized by their strong focus on constituent services, often stating they "never met a voter they didn't like."
• Good Public Policy: Legislators in this category strive to "burnish a reputation for policy expertise and leadership."
• Power in the Chamber: Lawmakers motivated by power dedicate significant time to cultivating relationships with colleagues, often found "along the rail of the House floor or in the Senate cloakroom ministering to the needs of their colleagues." The influential 19th-century legislator Henry Clay was described as an "issue entrepreneur" who actively sought out issues to advance his ambitions.

Privileges

Outside Income and Gifts

Representative Jim Cooper of Tennessee remarked to Harvard professor Lawrence Lessig that a primary issue plaguing Congress was the tendency of members to focus on their future careers as lobbyists after leaving public service, likening Congress to a "Farm League for K Street". Family members of active legislators have also been employed by lobbying firms. While direct lobbying of their legislator family members is prohibited, such arrangements have drawn criticism for potential conflicts of interest.

Members of Congress have faced accusations of insider trading, notably in the 2020 congressional insider trading scandal, where members or their family members allegedly traded stocks based on non-public information obtained through their committee work. A 2011 study indicated that portfolios managed by members of Congress outperformed both the market and hedge funds, suggesting possible evidence of insider trading. Proposed solutions include placing stocks into blind trusts to prevent future instances of insider trading.

Some members of Congress have accepted lavish trips paid for by outside groups, sometimes accompanied by family members. While often legal, these trips can operate in an ethical gray area.

Pay

Critics sometimes argue that congressional salaries are excessively high compared to the median American income. Conversely, others assert that congressional pay is commensurate with that of other branches of government. Another criticism centers on the insulation of members of Congress from the health care market due to their comprehensive health coverage. Furthermore, the considerable wealth accumulated by some members of Congress has also drawn criticism. In January 2014, it was reported that for the first time, over half of the members of Congress were millionaires. Congress has faced criticism for attempts to conceal pay raises by inserting them into large bills at the last minute.

Members elected since 1984 are enrolled in the Federal Employees Retirement System (FERS). Similar to other federal employees, congressional retirement benefits are funded through taxes and participant contributions. Members of Congress under FERS contribute 1.3% of their salary to the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. Like other federal employees, members contribute one-third of the cost of their health insurance, with the government covering the remaining two-thirds. The amount of a congressional pension is determined by years of service and the average of the highest three years of salary. By law, the starting annuity amount for a retired member cannot exceed 80% of their final salary. In 2018, the average annual pension for retired senators and representatives under the Civil Service Retirement System (CSRS) was $75,528, while those who retired under FERS, or a combination of CSRS and FERS, received an average of$41,208.

Members of Congress undertake fact-finding missions to foreign countries to gather information and stay abreast of global developments. However, these excursions can generate controversy if deemed excessive or unrelated to their official duties. For example, The Wall Street Journal reported in 2009 that lawmaker trips abroad, funded by taxpayer money, had included visits to spas, the booking of unused rooms at $300 per night, and shopping excursions. Some lawmakers defended such travel, stating that "traveling with spouses compensates for being away from them a lot in Washington" and that these trips facilitate meetings with foreign officials.

Under the Twenty-seventh Amendment, any changes to congressional pay cannot take effect until after the next election to the House of Representatives. In Boehner v. Anderson, the United States Court of Appeals for the District of Columbia Circuit ruled that this amendment does not apply to cost-of-living adjustments.

Postage

The franking privilege allows members of Congress to send official mail to constituents at government expense. While the transmission of election materials is prohibited, borderline content is frequently sent, particularly in the lead-up to elections by candidates in close races. Some academics consider these free mailings to provide incumbents with a significant advantage over challengers.

Protection

Members of Congress are afforded parliamentary privilege, which includes freedom from arrest in all cases except for treason, felony, and breach of the peace. They also enjoy freedom of speech within debates. This constitutionally derived immunity extends to members during legislative sessions and while traveling to and from them. The term "arrest" has been interpreted broadly to encompass any detention or delay in the course of law enforcement, including court summons and subpoenas. The rules of the House strictly guard this privilege; a member cannot waive it unilaterally but must seek permission from the entire House to do so. Senate rules are less stringent, allowing individual senators to waive the privilege at their discretion.

The Constitution guarantees absolute freedom of debate in both houses, stipulating in the Speech or Debate Clause that "for any Speech or Debate in either House, they shall not be questioned in any other Place." Consequently, a member of Congress cannot be sued in court for slander based on remarks made within either chamber, although each house possesses its own rules restricting offensive speeches and can penalize members who transgress them.

Obstructing the work of Congress is a federal crime known as contempt of Congress. While each member has the authority to cite individuals for contempt, the actual prosecution of the matter is handled by the judicial system, akin to a normal criminal case. Conviction in court for contempt of Congress can result in imprisonment for up to one year.

See Also

• Caucuses of the United States Congress
• Congressional archives – Records documenting the history and activities of the United States Congress
• Congressional Baseball Game – Annual baseball game played by members of the United States Congress
• Divided government in the United States – Divided control of the US government between political parties
• Elections in the United States § Congressional elections
• List of current United States representatives
• List of current United States senators
• List of United States Congresses
• Oath of office § United States
• Radio and Television Correspondents' Association
• United States congressional hearing

Notes

• Independent Sens. Angus King of Maine and Bernie Sanders of Vermont caucus with the Democratic Party;
• Before the ratification of the Seventeenth Amendment to the U.S. Constitution in 1913, senators were chosen by state legislatures.
• Congress does not take a grammatical article, except when referring to an individual Congress.

Citations

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