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U.S. Federal Government

U.S. federal government

Legislative branch

Article I of the Constitution grants all legislative powers of the federal government to the Congress, which is divided into two chambers, a Senate and a House of Representatives. The Senate is composed of two members from each state as provided by the Constitution. Its current membership is 100. Membership in the House is based on each state's population, and its size is therefore not specified in the Constitution. Its current membership is fixed by statute at 435. Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana, which has runoffs. The Constitution does not specifically call for the establishment of U.S. Congressional committees. As the nation grew, however, so did the need for investigating pending legislation more thoroughly. The 108th Congress (2003-2004) had 19 standing committees in the House and 17 in the Senate, plus four joint permanent committees with members from both houses overseeing the Library of Congress, printing, taxation, and the economy. In addition, each house can name special, or select, committees to study specific problems. Because of an increase in workload, the standing committees have also spawned some 150 subcommittees. The Congress has the responsibility to monitor and influence aspects of the executive branch. Congressional oversight prevents waste and fraud, protects civil liberties and individual rights, ensures executive compliance with the law, gathers information for making laws and educating the public, and evaluates executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms:
- Committee inquiries and hearings;
- Formal consultations with and reports from the President;
- Senate advice and consent for presidential nominations and for treaties;
- House impeachment proceedings and subsequent Senate trials;
- House and Senate proceedings under the 25th Amendment in the event that the President becomes disabled, or the office of the Vice President falls vacant;
- Informal meetings between legislators and executive officials;
- Congressional membership on governmental commissions;
- Studies by congressional committees and support agencies such as the Congressional Budget Office, and the Government Accountability Office, both of which are arms of Congress.

Executive branch

Article II of the Constitution establishes the Executive branch of Government.

President

The President of the United States is both the head of state and head of government, as well as the commander-in-chief of the military. The office of President of the United States is one of the most powerful offices of its kind in the world. The President, the Constitution says, must "take care that the laws be faithfully executed." To carry out this responsibility, he presides over the executive branch of the federal government, a vast organization numbering about 4 million people, including 1 million active-duty military personnel. In addition, the President has important legislative and judicial powers. Within the executive branch itself, the President has broad constitutional powers to manage national affairs and the workings of the federal government, and may issue executive orders to effect internal policies. The President may veto legislation passed by Congress; he may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors." The President may not dissolve Congress or call special elections, but does have the power to pardon criminals convicted of federal offences (though not crimes against a state), give executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges.

Vice President

The Vice President of the United States is the second-highest executive official of the United States government. As first in the presidential line of succession, the Vice President becomes the new President of the United States upon the death, resignation, or removal of the President, which has happened nine times. Beyond serving this role, the only duty required by the U.S. Constitution is that the Vice President serve as the President of the Senate, and to break any tie votes in that chamber. Informally, the Vice President serves as an advisor to the President and as a drafter and spokesperson for the administration's policy. In modern times, the Vice President has gone on to become their party's presidential nominee in the next election when the incumbent President is either unable to run again due to the two term limit established by the 22nd Amendment, or for other reasons decides not to seek a second term.

Cabinet and executive departments

The day-to-day enforcement and administration of federal laws is in the hands of the various federal executive departments, created by Congress to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the President and approved with the "advice and consent" of the U.S. Senate, form a council of advisors generally known as the President's "Cabinet." In addition to departments, there are a number of staff organizations grouped into the Executive Office of the President. These include the White House staff, the National Security Council, the Office of Management and Budget, the Council of Economic Advisers, the Office of the U.S. Trade Representative, the Office of National Drug Control Policy and the Office of Science and Technology Policy. There is also a number of independent agencies such as the Central Intelligence Agency, the Food and Drug Administration and the Environmental Protection Agency.

White House staff

In addition, the President is advised and supported by several hundred White House political appointees, often referred to as the country's "best and brightest" because of the White House's history of attracting extremely capable and intelligent such appointees. All of these political employees serve at the pleasure of the President, which means they typically leave the White House when administrations change.

Judicial branch

Article III of the Constitution states the basis for the federal court system: "The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish." The federal judiciary consists of the Supreme Court of the United States, whose nine justices are appointed for life by the President and confirmed by the Senate, and various "lower" or "inferior courts," among which are the United States courts of appeals and the United States district courts. With this guide, the first Congress divided the nation into judicial districts and created federal courts for each district. From that beginning has evolved the present structure: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court. There are three levels of federal courts with general jurisdiction, meaning that these courts handle criminal cases and civil law suits between individuals. The other courts, such as the bankruptcy courts and the tax court, are specialized courts handling only certain kinds of cases. The bankruptcy courts are branches of the district courts, but technically are not considered part of the "Article III" judiciary because their judges are not appointed to serve during good behavior. Similarly, the tax court is not an Article III court. The United States district courts are the "trial courts" where cases are filed and decided. The United States courts of appeals are "appellate courts" that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies. The Supreme Court of the United States hears appeals from the decisions of the courts of appeals or state supreme courts (on constitutional matters), as well as having original jurisdiction over a very small number of cases. The judicial power extends to cases arising under the Constitution, an act of Congress, or a treaty of the United States; cases affecting ambassadors, ministers, and consuls of foreign countries in the United States; controversies in which the U.S. government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases. The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were the plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. Article III has resulted in a complex set of relationships between state and federal courts. Ordinarily, federal courts do not hear cases arising under the laws of individual states. However, some cases over which federal courts have jurisdiction may also be heard and decided by state courts. Both court systems thus have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior". Usually they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in the same way as the President or other officials of the federal government. U.S. judges are appointed by the President and confirmed by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any judge—Congress could enact a new lower salary applying to future judges, but not to those already serving.

References

- Constitution of the United States of America
- United States Code
- Executive Order

External links

- United States

United States Constitution

The Constitution of the United States is the supreme law of the United States of America. It was completed on September 17, 1787, with its adoption by the Constitutional Convention in Philadelphia, Pennsylvania, and was later ratified by special conventions in each of the original thirteen states. It created a federal union of sovereign states, and a federal government to operate that union. It replaced the less defined union that had existed under the Articles of Confederation. It took effect in 1789 and has served as a model for the constitutions of numerous other nations. nations] nations nations nations

History

During the Revolutionary War, the thirteen states first formed a very weak central government—with the Congress being its only component—under the Articles of Confederation. Congress lacked any power to impose taxes, and, because there was no national executive or judiciary, relied on state authorities (who were often uncooperative) to enforce all of its acts. It also had no authority to override tax laws and tariffs between states. The Articles required unanimous consent from all the states before they could be amended and states took the central government so lightly that their representatives were often absent. For lack of a quorum, Congress was frequently blocked from making even moderate changes. In September 1786, commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited state representatives to convene in Philadelphia to discuss improvements to the federal government. After debate, the Confederation Congress endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states (Rhode Island being the only exception) accepted this invitation and sent delegates to convene in May 1787. The resolution calling the Convention specified its purpose was to propose amendments to the Articles, but the Convention decided to propose a rewritten Constitution. The Philadelphia Convention voted to keep deliberations secret and decided to draft a new fundamental government design which eventually stipulated that only 9 of the 13 states would have to ratify for the new government to go into effect. These actions were criticized by some as exceeding the convention's mandate and existing law. However, Congress, noting dissatisfaction with the Articles of Confederation government, unanimously agreed to submit the proposal to the states despite what some perceived as the exceeded terms of reference. On September 17, 1787, the Constitution was completed in Philadelphia, and the new government it prescribed came into existence on March 4, 1789, after fierce fights over ratification in many of the states. The original transcribed copy of the Constitution is on permanent display at the National Archives in Washington, D.C. For a list of those who signed the Constitution, see List of signatories of the United States Constitution.

The Constitution

The U.S. Constitution styles itself the "supreme law of the land." Courts have interpreted this phrase to mean that when laws (including state constitutions) that have been passed by state legislatures, or by the (national) U.S. Congress, are found to conflict with the federal constitution, these laws are ultra vires and have no effect. Decisions by the Supreme Court over the course of two centuries have repeatedly confirmed and strengthened the doctrine of Constitutional supremacy, or the supremacy clause. supremacy clause The Constitution guarantees the legitimacy of the American state by invoking the American electorate. The people exercise authority through state actors both elected and appointed; some of these positions are provided for in the Constitution. State actors can change the fundamental law, if they wish, by amending the Constitution or, in the extreme, by drafting a new one. Different kinds of public officials have varying levels of limitations on their power. Elected officials can only continue in office if they are reelected at periodic intervals; appointed officials serve, in general, at the pleasure of the person or authority that appointed them, and may be removed at any time. The exception to this practice is the lifetime appointment by the President of Justices of the Supreme Court and other federal judges; the justification for this exception is that once appointed for life, these judges are presumed capable of acting free of political obligations or influence.

Principles of government

Although the Constitution has been amended several times since it was first adopted, its basic principles remain the same now as in 1789. There are three branches of the national government—executive, legislative, and judicial—and they are separate and distinct from one another. The powers given to each are in theory balanced and checked by the powers of the other two. Each branch ideally serves as a check on potential excesses of the others. This is known as "separation of powers", and was partly taken from the ideas of the Baron de Montesquieu. Baron de Montesquieu.]] The United States is federal in nature. Powers enumerated in the Constitution are given to the Federal Government, and all other, unenumerated, powers remain with the states or the people. (See the Tenth Amendment.) The Constitution, together with laws passed according to its provisions and treaties entered into by the president and approved by the Senate, stands above all other laws, executive acts, and regulations. Beginning with the case of Marbury v. Madison, the United States judiciary has engaged in judicial review. This means that the federal courts will examine duly enacted laws, and, if they are found to be unconstitutional, will overturn them. They also examine the acts of public officials—up to and including those of the president. (See United States v. Nixon.) Since the enactment of the Fourteenth Amendment, all persons have been equally entitled to the law's protection. All states are equal and in principle none can officially receive special treatment from the federal government. Within the limits of the Constitution, each state must recognize and respect the laws of the others. State governments, like the federal government, must be republican in form, with final legitimacy resting with the people. By means defined in the Fifth Article of the Constitution, Congress may propose amendments to the Constitution. Moreover, any two thirds of the states may themselves initiate a convention for proposing amendments. When ratified as specified, all amendments are considered part of the Constitution.

Preamble

The Preamble reads: :We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The Preamble neither grants any powers nor inhibits any actions; it only explains the rationale behind the Constitution. The preamble, especially the first three words ("We the people"), is one of the most quoted and referenced sections of the Constitution.

Articles of the Constitution

The remainder of the constitution consists of seven articles.

Legislative power

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Article One establishes the legislative branch of government, U.S. Congress, which includes the House of Representatives and the Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it outlines legislative procedure and indicates the powers of the legislative branch. Finally, it establishes limits on federal and state legislative power.

Executive power

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Article Two describes the presidency (the executive branch): procedures for the selection of the president, qualifications for office, the oath to be affirmed, the powers and duties of the office, and procedures for selection. It also provides for the office of Vice President of the United States, and specifies that the Vice President succeeds to the presidency if the President is incapacitated or resigns. The article nominally makes the Vice President the presiding officer of the Senate, but in practice the Vice President only serves as such under limited circumstances. Article Two also provides for the impeachment and removal from office of civil officers (the President, Vice President, judges, and others). (See presidential system).

Judicial power

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Article Three describes the court system (the judicial branch), including the Supreme Court. The article requires that there be one court called the Supreme Court; Congress, at its discretion, can create lower courts, whose judgments and orders are reviewable by the Supreme Court. Article Three also requires trial by jury in all criminal cases, defines the crime of treason, and charges Congress with providing for a punishment for it, while imposing limits on that punishment.

States' powers and limits

Article Four describes the relationship between the states and the Federal government, and amongst the states. For instance, it requires states to give "full faith and credit" to the public acts, records and court proceedings of the other states. Congress is permitted to regulate the manner in which proof of such acts, records or proceedings may be admitted. The "privileges and immunities" clause prohibits state governments from discriminating against citizens of other states in favor of resident citizens (e.g., having tougher penalties for residents of Ohio convicted of crimes within Arizona). It also establishes extradition between the states, as well as laying down a legal basis for freedom of movement and travel amongst the states. Today, this provision is sometimes taken for granted, especially by citizens who live near state borders; but in the days of the Articles of Confederation, crossing state lines was often a much more arduous (and costly) process.

Process of amendment

Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, Congress must call a national convention for the purpose of considering amendments when two-thirds of the state legislatures "apply" to Congress for such a convention. Thus far, only the first method (proposal by Congress) has been used. Once proposed—whether submitted by a national convention or by Congress—amendments must then be ratified by three-fourths of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has been used only once (to approve the 21st Amendment). Article Five currently places only one limitation on the amending power—that no amendment can deprive a state of its equal representation in the Senate without that state's consent.

Federal power

Article Six establishes the Constitution, and the laws and treaties of the United States made in accordance with it, to be the supreme law of the land. It also validates national debt created under the Articles of Confederation and requires that all legislators, federal officers, and judges take oaths to support the Constitution.

Ratification

Article Seven sets forth the requirements for ratification of the Constitution. The Constitution was originally proposed as an amendment of the Articles of Confederation, which required ratification by all 13 of the original states for amendments to take effect. Article Seven of the Constitution, however, only required ratification by 9 states for that document to take effect. Scholars have traditionally resolved this contradiction by arguing that when the ninth state ratified the Constitution and the document took effect, those 9 states implicitly seceded from the union governed by the Articles and created a new, separate federal union. Under this theory, those states that did not ratify the Constitution would have remained part of a separate country. However, eventually all the states did ratify the Constitution.

Provisions for amendment

The authors of the Constitution were clearly aware that changes would be necessary from time to time if the Constitution was to endure and cope with the effects of the anticipated growth of the nation. However, they were also conscious that such change should not be easy, lest it permit ill-conceived and hastily passed amendments. Balancing this, they also wanted to ensure that an overly rigid requirement of unanimity would not block action desired by the vast majority of the population. Their solution was to devise a dual process by which the Constitution could be altered. The first option must begin in Congress which, by a two-thirds vote (of a quorum) in each house, may initiate an amendment. Alternatively, the legislatures of two-thirds of the several states may ask Congress to call a national convention to discuss and draft amendments. To date, all amendments have been proposed by Congress; although state legislatures have on occasion requested the calling of a convention, no such request has yet received the concurrence required for such a convention. In either case, amendments must have the approval of the legislatures or of smaller ratifying conventions within three-fourths of the states before becoming part of the Constitution. All amendments save one have been submitted to the state legislatures for ratification; only the 21st Amendment was ratified by individual conventions in the states. Unlike most constitutions, amendments to the U.S. constitution are appended to the existing body of the text, rather than being revisions of or insertions into the main articles. There is no provision for expunging from the text obsolete or rescinded provisions. Some people feel that demographic changes in the U.S.—specifically the great disparity in population between states—have made the Constitution too difficult to amend, with states representing as little as 4% of the population theoretically able to block an amendment desired by over 90% of Americans; others feel that it is unlikely that such an extreme result would occur. However, any proposals to change this would necessarily involve amending the Constitution itself, creating something of a Catch-22. Aside from the direct process of amending the Constitution, the practical effect of its provisions may be altered by judicial decision. The United States is a common law country, and courts are obliged to follow the precedents established in prior cases. However, when a Supreme Court decision clarifies the application of a part of the Constitution to existing law, the effect is to establish the meaning of that part for all practical purposes. Not long after adoption of the Constitution, in the 1803 case of Marbury v. Madison, the Supreme Court established the doctrine of judicial review, which is the power of the Court to examine legislation and other acts of Congress and to decide their constitutionality. The doctrine also embraces the power of the Court to explain the meaning of various sections of the Constitution as they apply to particular cases brought before the Court. Since such cases will reflect changing legal, political, economic, and social conditions, this provides a mechanism, in practice, for adjusting the Constitution without needing to amend its text. Over the years, a series of Court decisions, on issues ranging from governmental regulation of radio and television to the rights of the accused in criminal cases, has effected a change in the way many Constitutional clauses are interpreted, without amendment to the actual text of the Constitution. Congressional legislation, passed to implement provisions of the Constitution or to adapt those implementations to changing conditions, also broadens and, in subtle ways, changes the meanings given to the words of the Constitution. Up to a point, the rules and regulations of the many agencies of the federal government have a similar effect. In case of objection, the test in both cases is whether, in the opinion of the courts, such legislation and rules conform with the meanings given to the words of the Constitution.

Amendments

The Constitution has a total of 27 amendments. The first ten, collectively known as the Bill of Rights, were ratified simultaneously. The following seventeen were ratified separately.

The Bill of Rights (1–10)

Bill of Rights The Bill of Rights comprises the first ten amendments to the Constitution. Those amendments were all adopted within a few years of the ratification of the Constitution, and all relate to limiting the power of the federal government. They were added in response to criticisms of the Constitution by the state ratification conventions and by prominent individuals such as Thomas Jefferson (who was not a delegate to the Constitutional Convention). These critics argued that without further restraints, the strong central government would become tyrannical. The amendments were proposed by Congress as part of a block of twelve in September 1789. By December 1791 a sufficient number of states had ratified ten of the twelve proposals, and the Bill of Rights became part of the Constitution. It is commonly understood that the Bill of Rights was not originally intended to apply to the states, though except where amendments refer specifically to the Federal Government or a branch thereof (as in the first amendment, under which some states in the early years of the nation officially established a religion), there is no such delineation in the text itself. Nevertheless, a general interpretation of inapplicability to the states remained until 1868, when the Fourteenth Amendment was passed, which stated, in part, that: :No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Supreme Court has interpreted this clause to extend some, but not all, parts of the Bill of Rights to the states. Nevertheless, the balance of state and federal power has remained a battle in the Supreme Court; for example, a recent case dealt with whether a state could be sued by an employee under the federal Americans with Disabilities Act of 1990 (see Federalist Society and Federalism). The amendments that became the Bill of Rights were actually the last ten of the twelve amendments proposed in 1789. The second of the twelve proposed amendments, regarding the compensation of members of Congress, remained unratified until 1992, when the legislatures of enough states finally approved it and, as a result, it became the Twenty-seventh Amendment despite more than two centuries of pendency. The first of the twelve—still technically pending before the state legislatures for ratification—pertains to the apportionment of the United States House of Representatives after each decennial census. The most recent state whose lawmakers are known to have ratified this proposal is Kentucky in 1792 during that commonwealth's first month of statehood. The first amendment addresses the rights of freedom of speech and the press; the right of peaceful assembly; and the right of petition. It also addresses freedom of religion, both in terms of prohibiting the establishment of religion and protecting the right to free exercise of religion. The second states, in its entirety, "A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed." Current case law (including U.S. Supreme Court decisions) tends to assert that the "right of the people to keep and bear Arms" is an individual right but not an absolute right, and that the states and federal government may omit certain classes of people from the general-public sense of the "militia" for cause (criminal record, young or old age, mental incapacity, etc.), and may limit the types of weapons to which the right applies. The courts have interpreted and reinterpreted the second amendment since it was ratified; the Supreme Court first visiting it in United States v. Cruikshank, in 1875. The third prohibits the government from using private homes as quarters for soldiers without the consent of the owners. The fourth guards against unreasonable searches, arrests, and seizures of property. The next four amendments deal with the system of justice. The fifth forbids trial for a major crime except after indictment by a grand jury; prohibits repeated trials for the same offense after an acquittal (except in certain very limited circumstances); forbids punishment without due process of law; and provides that an accused person may not be compelled to testify against himself. The sixth guarantees a speedy public trial for criminal offenses. It requires trial by a jury (of peers), guarantees the right to legal counsel for the accused, and guarantees that the accused may require witnesses to attend the trial and testify in the presence of the accused. The seventh assures trial by jury in civil cases involving anything valued at more than 20 U.S. dollars. The eighth forbids excessive bail or fines, and cruel and unusual punishment. The last two of the first ten amendments contain very broad statements of constitutional authority. The ninth declares that the listing of individual rights is not meant to be comprehensive; that the people have other rights not specifically mentioned in the Constitution. The tenth provides that powers the Constitution does not delegate to the United States and does not prohibit the states from having are "reserved to the States respectively, or to the people."

Subsequent amendments (11–27)

Amendments to the Constitution subsequent to the Bill of Rights cover many subjects. The majority of the seventeen later amendments stem from continued efforts to expand individual civil or political liberties, while a few are concerned with modifying the basic governmental structure drafted in Philadelphia in 1787.
- Eleventh Amendment (1795): Clarifies judicial power over foreign nationals, and limits ability of citizens to sue states in federal courts and under federal law. (Full text)
- Twelfth Amendment (1804): Changes the method of presidential elections so that members of the electoral college cast separate ballots for president and vice president. (Full text)
- Thirteenth Amendment (1865): Abolishes slavery and grants Congress power to enforce abolition. (Full text)
- Fourteenth Amendment (1868): Defines United States citizenship; prohibits states from abridging citizens' privileges or immunities and right to due process and the equal protection of the law; repeals the three-fifths compromise. (Full text)
- Fifteenth Amendment (1870): Prohibits the federal government and the states from using a citizen's race, color, or previous status as a slave as a qualification for voting. (Full text)
- Sixteenth Amendment (1913): Authorizes unapportioned federal taxes on income. (Full text)
- Seventeenth Amendment (1913): Establishes direct election of senators. (Full text)
- Eighteenth Amendment (1919): Prohibited the manufacturing, importing, and exporting of beverage alcohol. Repealed by the Twenty-First Amendment. (Full text)
- Nineteenth Amendment (1920): Prohibits the federal government and the states from using a citizen's sex as a qualification for voting. (Full text)
- Twentieth Amendment (1933): Changes details of Congressional and presidential terms and of presidential succession. (Full text)
- Twenty-first Amendment (1933): Repeals Eighteenth Amendment but permits states to retain prohibition and ban the importation of alcohol. (Full text)
- Twenty-second Amendment (1951): Limits president to two terms. (Full text)
- Twenty-third Amendment (1961): Grants presidential electors to the District of Columbia. (Full text)
- Twenty-fourth Amendment (1964): Prohibits the federal government and the states from requiring the payment of a tax as a qualification for voting for federal officials. (Full text)
- Twenty-fifth Amendment (1967): Changes details of presidential succession, provides for temporary removal of president, and provides for replacement of the vice president. (Full text)
- Twenty-sixth Amendment (1971): Prohibits the federal government and the states from using an age greater than 18 as a qualification to vote. (Full text)
- Twenty-seventh Amendment (1992): Limits congressional pay raises. (Full text) There also have been many failed attempts to amend the Constitution. There are some that are still ongoing today (See Proposals for amendments to the United States Constitution).

Unratified Amendments

Over 10,000 Constitutional amendments have been introduced in Congress since 1789; in a typical Congressional year in the last several decades, between 100 and 200 are offered. Most of these concepts never get out of Congressional committee, much less get proposed by the Congress for ratification. Backers of some amendments have attempted the alternative, and thus far never-utilized, method mentioned in Article Five. In two instances—reapportionment in the 1960s and a balanced federal budget during the 1970s and 1980s—these attempts have come within just two state legislative "applications" of triggering that alternative method. The Eighteenth Amendment is the only amendment to be directly and specifically repealed by another (the Twenty-first). The episode highlighted the importance of proposing and ratifying only the most important, and least evanescent, of amendments. Of the thirty-three amendments that have been proposed by Congress, six have failed ratification by the required three-quarters of the state legislatures—and four of those six are still technically pending before state lawmakers. Starting with the 18th amendment, each proposed amendment (except for the 19th Amendment and for the still-pending Child Labor Amendment of 1924) has specified a deadline for passage. The following are the unratified amendments:
- The Congressional Apportionment Amendment proposed by the 1st Congress on September 25, 1789, defined a formula for how many members there would be in the United States House of Representatives after each decennial census. Ratified by eleven states, the last being Kentucky in June 1792 (Kentucky's initial month of statehood), this amendment contains no expiration date for ratification. In principle it may yet be ratified, though as written it became moot when the population of the United States reached ten million.
- The so-called missing thirteenth amendment, or "Titles of Nobility Amendment" (TONA), proposed by the 11th Congress on May 1, 1810, would have ended the citizenship of any American accepting "any Title of Nobility or Honour" from any foreign power. Some scholars maintain that the amendment was actually ratified by the legislatures of enough states, and that a conspiracy has suppressed it. Known to have been ratified by lawmakers in twelve states, the last in 1812, this amendment contains no expiration date for ratification. It may yet be ratified.
- A pro-slavery proposal, known as the Corwin amendment, proposed by the 36th Congress on March 2, 1861, which would purportedly have prevented the passage of any future constitutional amendment allowing Congress to regulate "the domestic institutions" within any state. It was ratified by only Ohio and Maryland lawmakers before the outbreak of the Civil War. Illinois lawmakers—sitting as a state constitutional convention at the time—likewise approved it, but that action is of questionable validity. The proposed amendment contains no expiration date for ratification and may yet be ratified. However, adoption of the 13th, 14th, and 15th Amendments after the Civil War likely means that the amendment would be ineffective if adopted.
- A child labor amendment proposed by the 68th Congress on June 2, 1924, which stipulates: "The Congress shall have power to limit, regulate, and prohibit the labor of persons under eighteen years of age." This amendment is now moot, since subsequent federal child labor laws have uniformly been upheld as a valid exercise of Congress' powers under the commerce clause. This amendment contains no expiration date for ratification. It may yet be ratified.

Expired Amendments

Properly placed in a separate category from the other four constitutional amendments that Congress proposed to the states, but which not enough states have approved, are the following two offerings which—due to deadlines—are no longer subject to ratification.
- The Equal Rights Amendment, or ERA, which reads in pertinent part "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Proposed by the 92nd Congress on March 22, 1972, it was ratified by the legislatures of 35 states, and expired on either March 22, 1979, or on June 30, 1982, depending upon one's point of view of a controversial ratification deadline three-year extension by the 95th Congress in 1978. Of the 35 states ratifying it, four later rescinded their ratifications prior to the extended ratification period which commenced March 23, 1979 and a fifth—while not going so far as to actually rescind its earlier ratification—adopted a resolution stipulating that its approval would not extend beyond March 22, 1979. There continues to be diversity of opinion as to whether such reversals are valid; no court has ruled on the question, including the Supreme Court. But a precedent against the validity of rescission was first established during the ratification process of the 14th Amendment when Ohio and New Jersey rescinded their earlier approvals, but yet were counted as ratifying states when the 14th Amendment was ultimately proclaimed part of the Constitution in 1868.
- The District of Columbia Voting Rights Amendment was proposed by the 95th Congress on August 22, 1978. Had it been ratified, it would have granted to Washington, D.C., two Senators and at least one member of the House of Representatives as though the District of Columbia were a state. Ratified by the legislatures of only 16 states—less than half of the required 38—the proposed amendment expired on August 22, 1985.

Proposals for amendments

There are currently only a few proposals for amendments which have entered mainstream political debate. These include the proposed Federal Marriage Amendment, the Balanced Budget Amendment, and the Flag-Burning Amendment.

International influences on the development of the Constitution

Flag-Burning Amendment acknowledged the debt American law and constitutionalism had to Magna Carta by erecting a monument at Runnymede, England.]] Some of the ideas embodied in the Constitution were new, but many were drawn from Classical Antiquity and the British governmental tradition of mixed government which was in practice among 12 of the 13 states and were advocated by the writings of Charles de Secondat, Baron de Montesquieu. The United States Constitution was partly based on ideas from the uncodified constitution of the United Kingdom, such as Article 39 from the Magna Carta of 1215 which states that: :No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land. The English Bill of Rights (1689) also acted as a source of ideas for the United States Constitution. For example, like the English Bill of Rights, the U.S. Constitution requires jury trials, contains a right to bear arms, and prohibits excessive bail and of "cruel and unusual punishments." Liberties guaranteed by Magna Carta and the 1689 English Bill of Rights were directly incorporated into state statutes and the Virginia Declaration of Rights, and many were then further incorporated into the Constitution and the United States Bill of Rights.

International influences of the Constitution

The Constitution of the United States has also served as a model for the constitutions of numerous other nations, including the second oldest codified constitution, the May Constitution of Poland, which was written in 1791. The course and ideas of the French Revolution were also heavily influenced by the United States Constitution.

Legality of the Constitution

One historical controversy is whether the Constitution was illegally adopted. For example, historian Joseph Ellis in Founding Brothers charges that there is truth in the allegations that the: # "Convention was extralegal, since its explicit mandate was to revise the Articles of Confederation, not replace them." # "Machinery for ratification did not require the unanimous consent [as] dictated by the Articles [of Confederation] themselves." Constitutional lawyer Michael P. Farris disagrees, arguing that: # "No limits were placed on the authority of the convention to make amendments," and that the Constitution is, in effect, simply an amended version of the Articles of Confederation. # "Congress and all thirteen state legislatures approved the new ratification process as required by the Articles." Eleven states held ratification conventions (approved by their legislatures) and approved the Constitution by July 26, 1788, a direct approval of the change in procedure. The other two states' legislatures (of North Carolina and Rhode Island) also approved of the ratification process—North Carolina by holding a convention and Rhode Island by submitting the Constitution to a referendum, although they both rejected the Constitution (at first). Thus, the change in procedure was approved by all the states.

External links

National Archives

- [http://www.archives.gov/national-archives-experience/charters/constitution.html The National Archives Experience — Constitution of the United States]
- [http://www.archives.gov/national-archives-experience/charters/charters_downloads.html The National Archives Experience — High Resolution Downloads of the Charters of Freedom]
- [http://www.archives.gov/national-archives-experience/charters/constitution_transcript.html Full text of U.S. Constitution]
- [http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html Full text of The Bill of Rights]
- [http://www.archives.gov/national-archives-experience/charters/constitution_amendments_11-27.html Full text of the amendments]

Official U.S. government sources

- [http://www.gpoaccess.gov/constitution/index.html Analysis and Interpretation of the Constitution of the United States]: Annotated constitution, with descriptions of important cases (official publication of U.S. Senate)
- [http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html United States Constitution and related resources]: Library of Congress

Non-government web sites

- [http://www.law.cornell.edu/topics/constitutional.html Law about...the Constitution]: An overview of constitutional law from the Legal Information Institute
- [http://www.usconstitution.net The U.S. Constitution Online]: Full text of Constitution, with some history and annotation
- [http://www.usconstitution.net/constamrat.html The U.S. Constitution Online: Record of ratifications by states]
- [http://www.constitutioncenter.org/ National Constitution Center in Philadelphia]: Museum and education center
- [http://www.ericdigests.org/pre-926/constitution.htm Education on the U.S. Constitution. ERIC Digest No. 39.]: Study on the treatment of the Constitution in public education
- [http://librivox.org/the-constitution-of-the-united-states-of-america-1787/ Free audiobook] from [http://librivox.org librivox.org]
- [http://www.law.cornell.edu/anncon/ Annotated Constitution] by the Congressional Research Service of the U.S. Library of Congress(hyperlinked version published by LII)

Activist/advocacy web sites

- [http://www.smallgovtimes.com/ SmallGovTimes.com]: Site advocating small government and strict constitutional construction
- [http://www.thirty-thousand.org/ Thirty-Thousand.org]: Site advocating an increase in the size of the House of Representatives.
- [http://www.usconstitution.biz U.S. Constitution.biz]: Web site of "Free Mart Publications", offering conservative pamphlets on the Constitution
- [http://www.krusch.com/real/real2.html Krusch, Barry (2003). Would The Real First Amendment Please Stand Up?] Online book arguing that the Supreme Court's interpretation of the First Amendment has created a “virtual First Amendment" that is radically different from the true amendment.
- [http://praxeology.net/LS-NT-0.htm No Treason by Lysander Spooner] 19th century essay argues that the U.S Constitution is without authority. Constitution Constitution Constitution Category:Constitutions ja:アメリカ合衆国憲法

United States/Congress

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. The United States Constitution vests all legislative powers of the federal government in the Congress. The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The enumerated powers of Congress include the authority to regulate interstate and foreign commerce, to levy taxes, to establish federal courts inferior to the Supreme Court, to maintain the armed forces, and to declare war. The Constitution also includes the necessary-and-proper clause, which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." The general purposes expressed in the Preamble have also been interpreted as authorizing Acts of Congress. The Senate is fully equal to the House of Representatives, and is not a "chamber of review," as is the case with the upper houses of the bicameral legislatures of many other nations. However, there are some special powers granted to one chamber only. On the one hand, the Senate's advice and consent is required for presidential appointments to high-level executive and judicial positions, and for the ratification of treaties. On the other hand, bills for raising revenue may originate in the House of Representatives alone. Both chambers meet in the Capitol in Washington, D.C. Washington, D.C.]

History

The Congress of the United States derives from First Continental Congress, a meeting of representatives of twelve of Great Britain's seventeen North American colonies, in the autumn of 1774. On 4 July 1776, the Second Continental Congress declared thirteen former colonies independent states, referring to them as the "United States of America." Under the Articles of Confederation, Congress was a unicameral body in which each state was equally represented, and in which each state had a veto over most action. The ineffectiveness of the federal government under the Articles led Congress to summon the Convention of 1787. Originally intended to revise the Articles of Confederation, it ended up writing a completely new constitution. James Madison called for a bicameral Congress: the lower house elected directly by the people, and the upper house elected by the lower house. The smaller states, however, favored a unicameral Congress with equal representation for the states. Eventually, a compromise was reached; the House of Representatives to provide proportional representation, whereas the Senate would provide equal representation. In order to preserve further the authority of the states, it was provided that state legislatures, rather than the people, would elect senators. The post Civil War Gilded Age was marked by Republican dominance of Congress. Senate elections were tainted by corruption, bribery and gridlock preventing the election of a senator. These issues were addressed by the Seventeenth Amendment (ratified in 1913), which provided for the direct election of senators. The early twentieth century witnessed the rise of party leadership in both houses of Congress. In the House of Representatives, the office of Speaker became extremely powerful. Leaders in the Senate were somewhat less powerful; individual senators still retained much of their influence. In particular, committee chairmen remained particularly strong in both houses until the reforms of the 1970s. During the long administration of President Franklin D. Roosevelt (1933–45), the Democratic Party controlled both houses of Congress. Both the Republicans and the Democrats were in control at various points during the next decade. However, after winning the elections of 1954, the Democratic Party was the majority party in both houses of Congress for most of the next forty years. The Republicans finally returned to a majority position, in both houses of Congress, in the election of 1994. The Republicans have controlled both houses since, except that the Democrats held the Senate briefly from 2001 to 2003.

Composition

2003 The House of Representatives consists of 435 members representing the fifty states. Seats are apportioned among the states on the basis of population, but every state, regardless of size, is guaranteed at least one seat. Representatives are directly elected by single-member constituencies known as congressional districts. Each state may draw the boundaries of its districts, subject to certain legal requirements; for instance, districts must have approximately equal populations. Representatives serve for two-year terms. The Senate consists of 100 members, two representing each state regardless of population. A senator is elected not by a district, but by a state as a whole. Senators serve for terms of six years each; the terms are staggered so that approximately one-third of the Senate seats are up for election every two years and so that both seats from a given state are never contested in the same general election (except for the first election of Senators upon admission of a new state). The District of Columbia and the territories are not represented in the Senate in any manner. The Constitution makes no provision for representation in Congress for citizens of the District of Columbia or the territories. Attempts to change the situation, regarding lack of District of Columbia voting rights, including the proposed District of Columbia Voting Rights Amendment, have been unsuccessful. Currently, the District of Columbia and the territories of American Samoa, Guam, and the U.S. Virgin Islands are represented by a single delegate each, while Puerto Rico elects a Resident Commissioner. Delegates and Resident Commissioners may participate in debates and vote in committees, but may not vote on the floor of the full House. Delegates serve for two-year terms; the Resident Commissioner serves for a four-year term. Generally, the Republican and Democratic parties choose their candidates in primary elections. Ballot access rules for independent and third party candidates vary from state to state. General elections are held in every even-numbered year, on the first Tuesday after the first Monday in November (Election Day). Special elections are held whenever vacancies arise; in the case of the Senate, however, the Governor of a state normally holds the power to temporarily appoint a senator until a special election can be held. In almost all cases, general and special elections are conducted by the first-past-the-post electoral system. Louisiana, however, uses runoff voting for congressional elections.

Officers

The Constitution authorizes the House of Representatives to elect its own Speaker. The Speaker's powers as presiding officer are extensive; he or she controls the course of debate and enforces the rules of the House. Normally, the Speaker does not personally preside over debates; instead, the task is delegated to other members. The Speaker is also the head of the majority party, outranking the Majority Leader. The Vice President of the United States is ex officio the President of the Senate; he or she has no vote except in the case of a tie. The Senate also elects a President pro tempore, or "temporary President," to preside when the Vice President is absent. The President pro tempore, by custom, is the most senior senator of the majority party. Neither the Vice President nor the President pro tempore regularly presides; instead, the duty is performed by other senators. The powers of the President pro tempore are much less extensive than those of the Speaker. He or she does not head the majority party in the Senate; rather, the Majority Leader is the full head of the Senate majority party.

Women, ethnic and racial minorities

Congress has historically not reflected the full diversity of the United States, despite the fact that the Constitution has never excluded persons from membership in Congress on the basis of race, ethnicity, or sex. The early Congresses were composed largely of upper-class White men. This changed briefly during the post-Civil War era of Reconstruction. The passage of the 13th and 14th Amendments expanded suffrage to former slaves. This, combined with the temporary exclusion of former members of the government of the Confederate States of America, permitted a number of African Americans to win seats. This movement reversed when Reconstruction ended and Southern states began disenfranchising blacks through the use of Jim Crow laws. During the remainder of the 19th century, and into the 20th century, racial, economic, and ethnic prejudice in the rest of the country largely kept out non-Protestants and the new waves of immigrants from southern Europe. This slowly began to change in the 20th century as these groups gained more political clout. The Civil Rights Movement of the 1950s 60s again enfranchised African-Americans, who gained more seats as a consequence. Jeannette Rankin was the first woman elected to Congress, in 1916. Women could not vote or be elected in most of the United States until the Nineteenth Amendment was ratified in 1920. Rebecca Felton was the first woman to become a Senator in 1922, when she was appointed to fill a vacancy left by Georgia Senator Thomas E. Watson. As of 2005, there are 69 women serving the U.S. House and 14 in the U.S. Senate. This is the highest number of women to hold Congressional office at one time.

Restrictions on office holding

Article I, Section 6, Clause 2 of the U.S. Constitution prohibits members of Congress from also holding a federal civil office, thus differentiating the U.S. from parliamentary systems where cabinet members are drawn from and continue to sit in the legislature. The same section also prohibits members from being appointed to offices created, or granted increased salary, during their term. This is intended to prevent the creation of sinecure positions. The Constitution does not prohibit Representatives or Senators from simultaneously holding a state post. During the eighteenth century, some members of Congress did also serve as state legislators and other state officials. Such cross-federal dual office holding is now prohibited by state constitutions or statutes, or by general custom. It also does not explicitly prohibit a particular person from serving in both the House and Senate at the same time or, for that matter, from simultaneously holding two or more seats in the House of Representatives. However, no person has ever done so; a member holding a seat in one house has always resigned that seat before starting their term in the other house.

Powers

Section 8 of Article One of the United States Constitution sets forth the powers of Congress. The most important powers are the powers to levy and collect taxes, borrow money, regulate commerce with foreign nations and among the states, coin money, establish courts inferior to the Supreme Court, raise and maintain the armed forces, and declare war. There are additional powers other parts of the Constitution grant. For instance, Congress has the power to admit new states to the Union (Article Four). Other powers have been granted, or confirmed, by constitutional amendments. Congress has the power to break deadlocks in the electoral college. If no presidential candidate achieves an electoral majority, the House may elect the President from the three candidates with the highest numbers of electoral votes. Similarly, if no vice presidential candidate achieves an electoral majority, the Senate may elect the Vice President from the two candidates with the highest numbers of electoral votes. Several of the members of the Constitutional Convention expected that, while George Washington would be overwhelmingly elected as first President under the Constitution, selection by the House would be the normal method after him. The "necessary and proper clause" of the Constitution permits Congress to make "all Laws which shall be necessary and proper for carrying into Execution" its other powers and the rest of the Constitution. The Supreme Court has interpreted the necessary and proper clause broadly, which has permitted the Congress wide authority. One of the foremost non-legislative functions of the Congress is the power to investigate and to oversee the executive branch. This power is usually delegated to committees—standing committees, special committees, select committees, or joint committees composed of members of both houses. Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary, compel individuals to testify by issuing subpoenas. Witnesses who refuse to testify may be cited for contempt of Congress, and those who testify falsely may be charged with perjury. Most committee hearings are open to the public; important hearings are widely reported in the mass media. Article I, Section 9 of the U.S. Constitution places certain limits of congressional authority. For instance, Congress may not suspend the privilege of the writ of habeas corpus (except in extreme cases of rebellion or invasion), pass bills of attainder or ex post facto laws, or grant titles of nobility. Several other restrictions are specified by constitutional amendments, especially the Bill of Rights. The last clause of the Bill of Rights, the Tenth Amendment, provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Checks and balances

The constitution provides certain checks and balances among the three branches of the federal government. The influence of Congress on the presidency has varied from one period to another; it depends largely on the leadership and the political influence of the President. The authors of the Constitution expected the greater power to lie with Congress and that is one reason they are described in Article One. Under the first half-dozen Presidents, power seems to have been evenly divided between the President and Congress, in part because early Presidents largely restricted their vetoes to claims of unconstitutionality. Andrew Jackson (1829-37) dominated his Congresses; his successors were weaker men (excluding Abraham Lincoln (1861-65), and perhaps James K. Polk (1845-49) and Martin van Buren (1837-41)). Senators ruled, including Henry Clay, Daniel Webster, John C. Calhoun, Thomas Hart Benton, Stephen Douglas, and Thaddeus Stevens. The impeachment of Andrew Johnson completed this trend, making the presidency much less powerful than Congress. During the late nineteenth century, President Grover Cleveland aggressively attempted to restore the executive branch's power, vetoing over four hundred bills during his first term. The 20th and 21st centuries have seen the rise of the power of the Presidency under Theodore Roosevelt (1901-09), Franklin D. Roosevelt (1933-45), Richard Nixon (1969-74), Ronald Reagan (1981-89), and George W. Bush (2001–) (see Imperial Presidency). In recent years, Congress has restricted the powers of the President with laws such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution; nevertheless, the Presidency remains considerably more powerful than during the nineteenth century. The Constitution empowers the House of Representatives to impeach federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors." The Senate is constitutionally empowered to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. Impeachment proceedings may not inflict more than this; however, the party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (Another resigned before the Senate could complete the trial). Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction. The Constitution entrusts certain powers to the Senate alone. The President may only appoint Cabinet officials, judges, and other high officers with the "advice and consent" of the Senate. The Senate confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The House of Representatives has no formal role in either the appointment of federal officials or the ratification of treaties. The Constitution does not explicitly state that the courts may exercise judicial review (the power to strike down laws on the grounds of unconstitutionality). However, the notion that courts could declare laws unconstitutional was accepted by several delegates; for example, Alexander Hamilton mentioned and expounded the doctrine in Federalist No. 78. In 1803, the Supreme Court, established judicial review of Federal legislation in Marbury v. Madison; Marbury made the particular holding, however, that Congress could not grant unconstitutional power to the Court itself—the general power of judicial review was not exercised until the Dred Scott decision of 1857.

Legislative procedure

1857

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. 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. 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 4 in the second "short session". (The new Congress would then meet for some days, for the inauguration, swearing in new members, and organization.) 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.

Joint sessions

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. 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. 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.

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 are 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. Joint resolutions are the normal method used to propose a constitutional amendment or to declare war. 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. 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, and Roy Blunt all have immediate family members who are (or were) lobbyists. 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. 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; the Senate has 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. 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. Central party discipline is not as strong in Congress as it is in parliamentary systems, and in the Senate it is weaker than in the House. However, the leadership does have certain powers to sway reluctant legistators to vote with the party. Party leaders derive most of their powers from the ability to fundraise, to control the flow of legislation, and to assign desireable positions; a rebel Congressman may be threatened with a cutoff of funds for his/her campaign, a reduction of pork for his/her district, thwarting of his/her pet legislation, and/or denial of a future committee chairmanship. 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 remaining loyal to the party. 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. 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. Every Act of Congress or joint resolution begins with an enacting formula or resolving formula stipulated by law. These are:
- Act of Congress: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled."
- Joint resolution: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled."

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. 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.

Privileges

Under the Constitution, members of both houses enjoy the privilege of being free from arrest in all cases, except for treason, felony, and breach of the peace. This immunity applies to members "during their Attendance at the Session of their respective Houses, and in going to and returning from the same." The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons and subpoenas. The rules of the House very strictly guard this privilege; a member may not waive the privilege on his or her own, but must seek the permission of the whole house to do so. Senate rules, on the other hand, are less strict, and permit individual senators to waive the privilege as they see fit. The Constitution also guarantees absolute freedom of debate in both houses, providing, "for any Speech or Debate in either House, they shall not be questioned in any other Place." Hence, a member of Congress may not be sued for slander because of remarks made in either house. However, each house has its own rules restricting offensive speeches, and may punish members who transgress them. Obstructing the work of Congress is a crime under federal law, and is known as contempt of Congress. Each house of Congress has the power to cite individuals for contempt, but may not impose any punishment. Instead, after a house issues a contempt citation, the judicial system pursues the matter like a normal criminal case. If convicted in court, an individual found guilty of contempt of Congress may be imprisoned for up to one year. Another privilege is the use of the Library of Congress. The Library's primary mission is to serve the Congress and its staff. To do this, the Congressional Research Service provides detailed, up-to-date and non-partisan research for Senators, Representatives, and their staff to help them carry out their functions as national servants.

Member groups

- Congressional Black Caucus, a group of African-American members of Congress
- Congressional Hispanic Caucus, a group representing Hispanics in the United States and Puerto Rico
- Congressional Asian Pacific American Caucus, a group representing Asian Pacific Americans

U.S. federal government

Legislative branch

Executive branch

President

Vice President

Cabinet and executive departments

White House staff

Judicial branch

References

See also

President

Congress

Courts

Law

Agencies

External links

United States Constitution

History

The Constitution

Principles of government

Preamble

Articles of the Constitution

Legislative power

Executive power

Judicial power

States' powers and limits

Process of amendment

Federal power

Ratification

Provisions for amendment

Amendments

The Bill of Rights (1–10)

Subsequent amendments (11–27)

Unratified Amendments

Expired Amendments

Proposals for amendments

International influences on the development of the Constitution

International influences of the Constitution

Legality of the Constitution

See also

General

Related documents

Related Authors

References

External links

National Archives

Official U.S. government sources

Non-government web sites

Activist/advocacy web sites

United States/Congress

History

Composition

Officers

Women, ethnic and racial minorities

Restrictions on office holding

Powers

Checks and balances

Legislative procedure

Term

Joint sessions

Bills and resolutions

Quorum and voting

Privileges

Member groups

See also