The structure of Congress

             For most countries, it makes more sense to begin with a study of the executive branch as that would be the most powerful and significant. However, the framers of the Constitution believed that Congress would be the most important body of government. The enumerated powers listed in Article 1 of the Constitution seem to indicate that the legislative branch of the federal government was clearly intended to be the most powerful branch of the three. On paper at least, power is concentrated more heavily in the legislative branch that either the executive or the judicial branch.

Although each state has a legislature, it is Congress that holds greater significance based upon the national supremacy clause. Congress is unquestionably the nation’s primary law-making assembly. If a law is passed by Congress, then that law overrides those made at the state level. This is more than simply an academic point. Throughout our nation’s history, the federal legislature has often sought to impose its will upon the states. For instance, during the 1950s and 60s Congress passed civil rights laws designed specifically to protect those who faced discrimination on the basis of racism and bigotry. The scope and scale of the federal legislature grew during the New Deal, but during the era of new federalism the federal government was curtailed in favor of states’ rights. In the contemporary era, Congress has pushed through controversial laws that have been contrary to the wishes of certain states (such as the Affordable Care Act and immigration reform).

Congress consists of two bodies and five hundred and thirty-five members (a hundred Senators and four hundred and thirty-five members of the House). The House of Representatives is conventionally viewed as the lower chamber whereas the Senate is depicted as the upper chamber. Although the House has more power in certain areas, it is the Senate that is the more powerful chamber of the two. Members of the House must face the electorate once every two years (as laid down in Section 2 of the Constitution), whereas a member of the upper chamber can serve for six years before seeking re-election. Inevitably, those who represent a congressional district will be more responsive to party opinion than a member of the Senate. It should be added here that an incumbent member of the House is often more likely to be defeated during a primary than a general election, particularly if they represent a relatively safe seat. Equally, they will be more sensitive to the wishes of the electorate than members of the upper chamber because they must face the electorate on such a frequent basis. The House is also a more partisan chamber than the Senate.

Since the very birth of the Republic, members of the House have been elected. However, elections to the upper chamber were only instigated in 1913 after ratification of the seventeenth amendment. Originally, the founding fathers viewed the upper chamber as a body akin to the British House of Lords, in which unelected figures were able to thwart populist measures instigated by the lower chamber. In doing so, the Senate could act as a bulwark against the tyranny of the majority that so preoccupied the founders of our nation. Although elections to the Senate have occurred for over a century; some of that detached and measured atmosphere and intent remains. The Senate will often curtail or defeat populist measures emanating from the more populist House of Representatives.

                A series of congressional elections are held every two years on a fixed date in November, during which all seats in the House and a third of the Senate are up for grabs. A congressional session therefore lasts for two years. It is worth noting that the mantra of the Revolution had been ‘where annual election ends, tyranny begins.’ This may well explain why the election period is relatively short by international standards; and certainly unusual for the time in which the Constitution was first laid down. By convention, the Speaker of the House derives from the majority party. The occupant must be voted on by members of the lower chamber and, in most congressional sessions; we can be reasonably certain who will emerge as the Speaker of the House. However, some members of the majority party might vote against the incumbent Speaker if they are dissatisfied in some way with their perceived lack of ideological purity. In 2012, twelve Republicans voted against John Boehner’s re-appointment as Speaker of the House. This was in response to his willingness to compromise with Democrats and the Obama administration over the budget.

                The ability of Congress to pass laws is that body’s defining and most important feature. However, Congress holds a much broader range of powers than simply that of passing legislation. These powers enable Congress to act as a check upon the power of both the judiciary, and the executive. The Constitution outlines a lengthy list of enumerated powers in Section 8. Article 1 (the so-called elastic clause) offers considerable leeway for the nation’s legislature. On this basis, Congress has the power to make all necessary and proper laws. During the 2012 presidential campaign, the commerce clause came under scrutiny because the Affordable Care Act was ruled constitutional on this basis.

Despite these considerable powers, Congress has been less successful in identifying and exploiting implied powers from the Constitution when compared to the executive branch of government. It must also be acknowledged that during times of national crisis the people look to the President rather than Congress for decisive action. To a great many Americans, Congress is associated with an obstructionist mindset and political grandstanding rather than taking decisive action. Even an unpopular President scores a far higher approval rating than Congress.