Congress of the United States

I

Introduction

Congress of the United States, legislative branch of the federal government of the United States. In conjunction with the executive and judicial branches, Congress exercises the sovereign power of the people of the United States. The existence and authority of Congress are derived from Article I of the US Constitution, which opens:

II

Powers of Congress

Congress has no general legislative power such as is enjoyed by the British Parliament, and to a lesser degree by the legislatures of the American states; it has only such functions and authority as are expressly conferred on it by the Constitution or are implied in the Constitution. Many of the express powers are defined in Article I, Section 8. Among these are the power “to lay and collect taxes”, “borrow money on the credit of the United States”, “regulate commerce with foreign nations and among the several States”, “coin money”, “establish post offices”, “declare war”, “raise and support armies”, and “make all laws” necessary for the execution of its own powers and “all other powers vested by this Constitution in the government of the United States”. This section also empowers Congress to administer the District of Columbia, which contains the seat of the federal government. Other express powers are conferred on Congress in other articles of the Constitution. Among the implied powers of Congress is the right to establish legislative machinery to give effect to its express powers.

In most respects the two houses of Congress have an equal role in the enactment of legislation, but a number of functions are reserved by the Constitution to each house. The confirmation of presidential appointments, by a simple majority of those voting, and the consent to treaties, by a two-thirds majority of those voting, is reserved to the Senate. The Senate also has “the sole power to try all impeachments”, which, however, may be initiated only by the House of Representatives. Only the House may initiate revenue bills.

III

Limitations and Restrictions

Important limitations on the powers vested in Congress are defined in Article I, Section 9, and in the first ten amendments to the Constitution, known as the Bill of Rights. These limitations are primarily in the form of general prohibitions against the abridgment or destruction of fundamental rights.

Apart from these limitations and a number of others found or implied in parts of other articles of the Constitution, two general and important restrictions are placed on the powers of Congress: the presidential veto and the invalidation of legislation as unconstitutional by the US Supreme Court. The veto power of the president is defined in Article I, Section 7. Every bill passed by Congress must be submitted to the president, who, according to the Constitution, has ten days in which to sign or veto the bill. If vetoed by the president, a bill cannot become law unless passed a second time and by a two-thirds majority of those voting in each house. If the president fails to act within ten days, the bill becomes law without the presidential signature, if Congress is in session. If Congress has adjourned in the interim, the bill lapses, and failure of the president to sign it is known as a pocket veto.

A stronger restriction than the presidential veto on the power of Congress is the power of the Supreme Court to invalidate legislation that violates the Constitution. Although not specifically vested with this power, the Supreme Court, in the case of Marbury vs. Madison in 1803, held for the first time that its right to invalidate legislation as unconstitutional was implied in the Constitution. With occasional exceptions, the power thus assumed by the Supreme Court has been honoured ever since that time. The power of judicial review has, however, been used sparingly against Congress.

When the Supreme Court invalidates federal laws, Congress may redraft them, eliminating the provisions found objectionable by the Court. Or it may initiate an amendment to the Constitution, establishing its right to enact legislation of the type desired. It is also within the power of Congress to initiate a constitutional amendment depriving the Supreme Court of its power to invalidate legislation. Although an amendment of this type has been suggested as a means of increasing the power of Congress, none has been adopted.

IV

Congressional Sessions

The term of a Congress extends from each odd-numbered year to the next odd-numbered year; the 1st Congress convened in 1789. The 20th Amendment, in effect since 1933, provides for an annual meeting of Congress, called a session, commencing on January 3, unless Congress itself designates another date. By terms of the Legislative Reorganization Act of 1946 (Public Law 601), Congress must adjourn its annual meeting sine die by July 31 at the latest, except in time of war or other national emergency, when the meeting may be extended by the Congress itself. When Congress is not in session, the president is empowered by the Constitution, on “extraordinary occasions”, to call special sessions of Congress or of either house. Thus, at least two, and sometimes more, sessions are held in each Congress.

The houses of Congress meet separately in the Capitol, Washington, D.C., but convene in joint session to receive important communications from the president or, occasionally, to listen to an address by a visiting foreign dignitary. Most sessions of Congress are open to the public and are reported by the press, television, and radio; the occasional executive sessions of the Senate are not. Except for material deemed secret because of its crucial importance to the national welfare, the proceedings of Congress are published in the Congressional Record.

Once in session, neither house may adjourn for more than three days, or to another place, without the consent of the other house. A disagreement between the two houses over the date of adjournment may be resolved by the president. No president has ever exercised this power.

Each house makes its own rules of procedure, but the Constitution stipulates that a majority in each house constitutes a quorum. If fewer members than a majority are in attendance, they may compel the attendance of a sufficient number, present in the Capitol but not in the chamber, to form a quorum.