Legislative
Branch
CONGRESS
- One Hundred and Eighth Congress, Second Session
The
Senate
The
Capitol,
Washington, DC 20510
Phone, 202-224-3121.
Internet, http://www.senate.gov.
- President
of the Senate (Vice President of theUnited States)
- President
pro tempore
- Majority
Leader
- Minority
Leader
- Secretary
of the Senate
- Sergeant
at Arms
- Secretary
for the Majority
- Secretary
for the Minority
- Chaplain
The
House of Representatives
The
Capitol,
Washington, DC 20515
Phone, 202-225-3121.
Internet, http://www.house.gov.
- The
Speaker
- Clerk
- Sergeant
at Arms
- Chief
Administrative Officer
- Chaplain
Congress
The
Congress of the United States was created by Article I,
section 1, of the Constitution, adopted by the Constitutional
Convention on September 17, 1787, providing that ``All legislative
Powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House
of Representatives.''
The first Congress under the Constitution met on March 4,
1789, in the Federal Hall in New York City. The membership
then consisted of 20 Senators and 59 Representatives.
New
York ratified the Constitution on July 26, 1788, but did
not elect its Senators until July 15 and 16, 1789. North
Carolina did not ratify the Constitution until November
21, 1789; Rhode Island ratified it on May 29, 1790.
Members
The
Senate is composed of 100 Members, 2 from each State, who
are elected to serve for a term of 6 years. Senators were
originally chosen by the State legislatures. This procedure
was changed by the 17th amendment to the Constitution, adopted
in 1913, which made the election of Senators a function
of the people. There are three classes of Senators, and
a new class is elected every 2 years.
The House of Representatives comprises 435 Representatives.
The number representing each State is determined by population,
but every State is entitled to at least one Representative.
Members are elected by the people for 2-year terms, all
terms running for the same period.
Both the Senators and the Representatives must be residents
of the State from which they are chosen. In addition, a
Senator must be at least 30 years of age and must have been
a citizen of the United States for at least 9 years; a Representative
must be at least 25 years of age and must have been a citizen
for at least 7 years.
A Resident Commissioner from Puerto Rico (elected for a
4-year term) and Delegates from American Samoa, the District
of Columbia, Guam, and the Virgin Islands complete the composition
of the Congress of the United States. Delegates are elected
for a term of 2 years. The Resident Commissioner and Delegates
may take part in the floor discussions but have no vote
in the full House or in the Committee of the Whole House
on the State of the Union. They do, however, vote in the
committees to which they are assigned.
The
Vice President of the United States is the Presiding
Officer of the Senate; in his absence the duties are taken
over by a President pro tempore, elected by that body, or
someone designated by him.
The
Presiding Officer of the House of Representatives, the Speaker,
is elected by the House; he may designate any Member of
the House to act in his absence.
The
Senate majority and minority leader have
been in existence only since the early years of the 20th
century. Leaders are elected at the beginning of each new
Congress by a majority vote of the Senators in their political
party. In cooperation with their party organizations, leaders
are responsible for the design and achievement of a legislative
program. This involves managing the flow of legislation,
expediting noncontroversial measures, and keeping Members
informed regarding proposed action on pending business.
Each leader serves as an ex officio member of his party's
policymaking and organizational bodies and is aided by an
assistant floor leader (whip) and a party secretary.
The House leadership is structured essentially the same
as the Senate, with the Members in the political parties
responsible for the election of their respective leader
and whips.
The
Secretary of the Senate, elected by vote of the
Senate, performs the duties of the Presiding Officer of
the Senate in the absence of the Vice President and pending
the election of a President pro tempore. The Secretary is
the custodian of the seal of the Senate, draws requisitions
on the Secretary of the Treasury for moneys appropriated
for the compensation of Senators, officers, and employees,
and for the contingent expenses of the Senate, and is empowered
to administer oaths to any officer of the Senate and to
any witness produced before it. The Secretary's executive
duties include certification of extracts from the Journal
of the Senate; the attestation of bills and joint, concurrent,
and Senate resolutions; in impeachment trials, issuance,
under the authority of the Presiding Officer, of all orders,
mandates, writs, and precepts authorized by the Senate;
and certification to the President of the United States
of the advice and consent of the Senate to ratification
of treaties and the names of persons confirmed or rejected
upon the nomination of the President.
The
Sergeant at Arms of the Senate is elected by and
serves as the Executive Officer of that body. He directs
and supervises the various departments and facilities under
his jurisdiction. He is also the Law Enforcement and Protocol
Officer. As Law Enforcement Officer, he has statutory power
to make arrests; to locate absentee Senators for a quorum;
to enforce Senate rules and regulations as they pertain
to the Senate Chamber, the Senate wing of the Capitol, and
the Senate Office Buildings. He serves as a member of the
Capitol Police Board and as its chairman each odd year;
and, subject to the Presiding Officer, maintains order in
the Senate Chamber. As Protocol Officer, he is responsible
for many aspects of ceremonial functions, including the
inauguration of the President of the United States; arranging
funerals of Senators who die in office; escorting the President
when he addresses a Joint Session of Congress or attends
any function in the Senate; and escorting heads of state
when they visit the Senate.
The elected officers of the House of Representatives include
the Clerk, the Sergeant at Arms, the Chief Administrative
Officer, and the Chaplain.
The
Clerk is custodian of the seal of the House and
administers the primary legislative activities of the House.
These duties include accepting the credentials of the Members-elect
and calling the Members to order at the commencement of
the first session of each Congress; keeping the Journal;
taking all votes and certifying the passage of bills; and
processing all legislation. Through various departments,
the Clerk is also responsible for floor and committee reporting
services; legislative information and reference services;
the administration of House reports pursuant to House rules
and certain legislation including the Ethics in Government
Act and the Lobbying Disclosure Act of 1995; the distribution
of House documents; and administration of the House Page
Program. The Clerk is also charged with supervision of the
offices vacated by Members due to death, resignation, or
expulsion.
The
Sergeant at Arms maintains the order of the House
under the direction of the Speaker and is the keeper of
the Mace. As a member of the U.S. Capitol Police Board,
the Sergeant at Arms is the chief law enforcement officer
for the House and serves as Board Chairman each even year.
The ceremonial and protocol duties parallel those of the
Senate Sergeant at Arms and include arranging the inauguration
of the President of the United States, Joint Sessions of
Congress, visits to the House of heads of state, and funerals
of Members of Congress. The Sergeant at Arms enforces the
rules relating to the privileges of the Hall of the House,
including admission to the galleries, oversees garage and
parking security of the House, and distributes all House
staff identification cards.
The
work of preparing and considering legislation is done largely
by committees of both Houses of Congress. There are 16 standing
committees in the Senate and 19 in the House of Representatives.
The standing committees of the Senate and the House of Representatives
are shown in the list below. In addition, there are two
select committees in each House and various congressional
commissions and joint committees composed of Members of
both Houses. Each House may also appoint special investigating
committees. The membership of the standing committees of
each House is chosen by a vote of the entire body; members
of other committees are appointed under the provisions of
the measure establishing them.
Each bill and resolution is usually referred to the appropriate
committee, which may report a bill out in its original form,
favorably or unfavorably, recommend amendments, report original
measures, or allow the proposed legislation to die in committee
without action.
Congressional
Record
Proceedings
of Congress are published in the Congressional Record, which
is issued each day when Congress is in session. Publication
of the Record began March 4, 1873; it was the first record
of debate officially reported, printed, and published directly
by the Federal Government. The Daily Digest of the Congressional
Record, printed in the back of each issue of the Record,
summarizes the proceedings of that day in each House, and
each of their committees and subcommittees, respectively.
The Digest also presents the legislative program for each
day and, at the end of the week, gives the program for the
following week. Its publication was begun March 17, 1947.
Sessions Section 4 of Article I of the Constitution makes
it mandatory that ``The Congress shall assemble at least
once in every Year. . . .'' Under this provision, also,
the date for convening Congress was designated originally
as the first Monday in December, ``unless they shall by
Law appoint a different Day.'' Eighteen acts were passed,
up to 1820, providing for the meeting of Congress on other
days of the year. From 1820 to 1934, however, Congress met
regularly on the first Monday in December. In 1934 the Twentieth
Amendment changed the convening of Congress to January 3,
unless Congress ``shall by law appoint a different day.''
In addition, the President, according to Article II, section
3, of the Constitution ``may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment, he
may adjourn them to such Time as he shall think proper.
. . .''
Powers
of Congress
Article
I, section 8, of the Constitution defines the powers of
Congress. Included are the powers to assess and collect
taxes--called the chief power; to regulate commerce, both
interstate and foreign; to coin money; to establish post
offices and post roads; to establish courts inferior to
the Supreme Court; to declare war; and to raise and maintain
an army and navy. Congress is further empowered ``To provide
for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections and repel Invasions;'' and
``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.''
Amendments
to the Constitution
Another
power vested in the Congress is the right to propose amendments
to the Constitution, whenever two-thirds of both Houses
shall deem it necessary. Should two-thirds of the State
legislatures demand changes in the Constitution, it is the
duty of Congress to call a constitutional convention. Proposed
amendments shall be valid as part of the Constitution when
ratified by the legislatures or by conventions of three-fourths
of the States, as one or the other mode of ratification
may be proposed by Congress.
Special
Powers of the Senate
Under
the Constitution, the Senate is granted certain powers not
accorded to the House of Representatives. The Senate approves
or disapproves certain Presidential appointments by majority
vote, and treaties must be concurred in by a two-thirds
vote. Special Powers of the House of Representatives The
House of Representatives is granted the power of originating
all bills for the raising of revenue. Both Houses of Congress
act in impeachment proceedings, which, according to the
Constitution, may be instituted against the President, Vice
President, and all civil officers of the United States.
The House of Representatives has the sole power of impeachment,
and the Senate has the sole power to try impeachments. Prohibitions
Upon Congress Section 9 of Article I of the Constitution
also imposes prohibitions upon Congress. ``The Privilege
of the Writ of Habeas Corpus shall not be suspended, unless
when in Cases of Rebellion or Invasion the public Safety
may require it.'' A bill of attainder or an ex post facto
law cannot be passed. No export duty can be imposed. Ports
of one State cannot be given preference over those of another
State. ``No money shall be drawn from the Treasury, but
in Consequence of Appropriations made by Law. . . .'' No
title of nobility may be granted.
Rights
of Members
According
to section 6 of Article I, Members of Congress are granted
certain privileges. In no case, except in treason, felony,
and breach of the peace, can Members be arrested while attending
sessions of Congress ``and in going to and returning from
the same. . . .'' Furthermore, the Members cannot be questioned
in any other place for remarks made in Congress. Each House
may expel a Member of its body by a two-thirds vote.
Enactment
of Laws
All
bills and joint resolutions must pass both the House of
Representatives and the Senate and must be signed by the
President, except those proposing a constitutional amendment,
in order to become law, or be passed over the President's
veto by a two-thirds vote of both Houses of Congress. Section
7 of Article I states: ``If any Bill shall not be returned
by the President within ten Days (Sundays excepted) after
it shall have been presented to him, the Same shall be a
Law, in like Manner as if he had signed it, unless the Congress
by their Adjournment prevent its Return, in which Case it
shall not be a Law.'' When a bill or joint resolution is
introduced in the House, the usual procedure for its enactment
into law is as follows: --assignment to House committee
having jurisdiction; --if favorably considered, it is reported
to the House either in its original form or with recommended
amendments; --if the bill or resolution is passed by the
House, it is messaged to the Senate and referred to the
committee having jurisdiction; --in the Senate committee
the bill, if favorably considered, may be reported in the
form as received from the House, or with recommended amendments;
--the approved bill or resolution is reported to the Senate,
and if passed by that body, is returned to the House; --if
one body does not accept the amendments to a bill by the
other body, a conference committee comprised of Members
of both bodies is usually appointed to effect a compromise;
--when the bill or joint resolution is finally approved
by both Houses, it is signed by the Speaker (or Speaker
pro tempore) and the Vice President (or President pro tempore
or acting President pro tempore) and is presented to the
President; and --once the President's signature is affixed,
the measure becomes a law. If the President vetoes the bill,
it cannot become a law unless it is re-passed by a two-thirds
vote of both Houses.
Electronic
Access
Specific
information and legislation can be found on the Internet,
at
Publications
The
Congressional Directory, the Senate Manual, telephone directories
for the U.S. Senate and the House of Representatives, and
the House Rules and Manual may be obtained from:
The
Superintendent of Documents,
Government Printing Office,
Washington, DC 20402.
Internet, http://www.gpoaccess.gov/databases.html
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