Each state is entitled to two senators. Thus, Rhode Island, the smallest state, with an area of about 3,156 square kilometers has the same senatorial representation as Alaska, the biggest state, with an area of some 1,524,640 square kilometers. Wyoming, with 490,000 persons in 1987, has representation equal to that of California, with its 1987 population of 27,663,000.
The total number of members of the House of Representatives has been determined by Congress. That number is then divided among the states according to their populations. Regardless of its population, every state is constitutionally guaranteed at least one member of the House of Representatives. At present, six states—Alaska, Delaware, North Dakota, South Dakota, Vermont and Wyoming—have only one representative. On the other hand, six states have more than 20 representatives—California alone has 45.
The Constitution provides for a national census each 10 years and a redistribution of House seats according to population shifts. Under the original constitutional provision, the number of representatives was to be no more than one for each 30,000 citizens. There were 65 members in the first House, and the number was increased to 106 after the first census. Had the one-to-30,000 formula been adhered to permanently, population growth in the United States would have brought the total number of representatives to about 7,000. Instead, the formula has been adjusted over the years, and today the House is composed of 435 members, roughly one for each 530,000 persons in the United States.
State legislatures divide the states into congressional districts, which must be substantially equal in population. Every two years, the voters of each district choose a representative for Congress.
Senators are chosen in statewide elections held in even-numbered years. The senatorial term is six years, and every two years one-third of the Senate stands for election. Hence, two-thirds of the senators are always persons with some legislative experience at the national level.
It is theoretically possible for the House to be composed entirely of legislative novices. In practice, however, most members are reelected several times and the House, like the Senate, can always count on a core group of experienced legislators.
Since members of the House serve two-year terms, the life of a Congress is considered to be two years. The 20th Amendment provides that the Congress will meet in regular session each January 3, unless Congress fixes a different date. The Congress remains in session until its members vote to adjourn—usually late in the year. The president may call a special session when he or she thinks it necessary. Sessions are held in the Capitol in Washington, D.C.
POWERS OF THE HOUSE AND SENATE
Each house of Congress has the power to introduce legislation on any subject except revenue bills, which must originate in the House of Representatives. The large states may thus appear to have more influence over the public purse than the small states. In practice, however, each house can vote against legislation passed by the other house. The Senate may disapprove a House revenue bill—or any bill, for that matter—or add amendments which change its nature. In that event, a conference committee made up of members from both houses must work out a compromise acceptable to both sides before the bill becomes law.
The Senate also has certain powers especially reserved to that body, including the authority to confirm presidential appointments of high officials and ambassadors of the federal government as well as authority to ratify all treaties by a two-thirds vote. Unfavorable action in either instance nullifies executive action.
In the case of impeachment of federal officials, the House has the sole right to bring charges of misconduct that can lead to an impeachment trial. The Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A finding of guilt results in the removal of the federal official from public office.
The broad powers of the whole Congress are spelled out in the eighth section of the first article of the Constitution:
— to levy and collect taxes;
— to borrow money for the public treasury;
— to make rules and regulations governing commerce among the states and with foreign countries;
— to make uniform rules for the naturalization of foreign citizens;
— to coin money, state its value, and provide for the punishment of counterfeiters;
— to set the standards for weights and measures;
— to establish bankruptcy laws for the country as a whole;
— to establish post offices and post roads;
— to issue patents and copyrights;
— to set up a system of federal courts;
— to punish piracy;
— to declare war;
— to raise and support armies;
— to provide for a navy;
— to call out the militia to enforce federal laws, suppress lawlessness or repel invasions by foreign powers;
— to make all laws for the District of Columbia; and
— to make all laws necessary to enforce the Constitution.
A few of these powers are now outdated—the District of Columbia today is largely self-governing—but they remain in effect. The 10th Amendment sets definite limits on congressional authority, by providing that powers not delegated to the national government are reserved to the states or to the people. In addition, the Constitution specifically forbids certain acts by Congress. It may not:
— suspend the writ of habeas corpus, unless necessary in time of rebellion or invasion;
— pass laws which condemn persons for crimes or unlawful acts without a trial;
— pass any law which retroactively makes a specific act a crime;
— levy direct taxes on citizens, except on the basis of a census already taken;
— tax exports from any one state;
— give specially favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them; and
— authorize any titles of nobility.
LITTLE LEGISLATURES
A congressman once observed that "Congress is a collection of committees that come together in a chamber periodically to approve one another's actions. " That statement correctly identifies the standing and permanent committees that are the nerve centers of the U.S. Congress. In a recent two-year session of Congress, for example, members proposed a total of I], 602 bills in the House and 4,080 in the Senate. For each of these bills, the committees responsible had to study, weigh arguments [or and against, hear witnesses and debate changes, before the bills ever reached the House or Senate floors. Out of almost ] 5,000 measures introduced, only 664—fewer than six percent—were enacted into law.
The Constitution does not specifically call for congressional committees. As the nation grew, however, so did the need for investigating pending legislation more thoroughly. The committee system began in 1789, when House members found themselves bogged down in endless discussions of proposed new laws. The first committees dealt with Revolutionary War claims, post roads and territories, and trade with other countries. Throughout the years, committees have formed and disbanded in response to political, social and economic changes. For example, there is no longer any need for a Revolutionary War claims committee, but both houses of Congress have a Veterans' Affairs committee.
Today, there are 22 standing committees in the House and 16 in the Senate, plus four joint permanent committees with members from both houses: Library of Congress, printing, taxation and economics. 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 300 subcommittees. Almost 25,000 persons help with research, information-gathering and analyses of problems and programs in Congress. Recently, during one week of hearings, committee and subcommittee members discussed topics ranging from financing of television broadcasting to the safety of nuclear plants to international commodity agreements.
And what do ail these "little legislatures" actually do? After all the facts are gathered, the committee decides whether to report a new bill favorably or with a recommendation that it be passed with amendments. Sometimes, the bill will be set aside, or tabled, which effectively ends its consideration. When bills are reported out of committee and passed by the full House or Senate, however, another committee goes into action, ironing out any differences between the House and Senate versions of the same bill. This "conference committee, " consisting of members of both houses, completes a bill to all members' satisfaction, then sends it to the House and Senate floors for final discussion and a vote. If passed, the bill goes to the president for his signature.
Congressional committees are vital because they do the nuts-and-bolts job of weighing the proposals, hammering them into shape or killing them completely. They continue to play a large part in the preparation and consideration of laws that will help shape the United States in its third century.
STANDING, OR PERMANENT, COMMITTEES OF CONGRESS | |
| HOUSE | SENATE |
| Agriculture Appropriations Armed ServicesBanking, Finance and Urban Affairs Budget District of Columbia Education and Labor Energy and Commerce Foreign Affairs Government Operations House Administration Interior and Insular Affairs Judiciary Merchant Marine and Fisheries Post Office and Civil Service Public Works and Transportation Rules Science, Space and Technology Small Business Standards of Official Conduct Veterans' AffairsWays and Means | Agriculture, Nutrition and Forestry Appropriations Armed ServicesBanking. Finance and Urban Affairs Budget Commerce, Science and Transportation Energy and Natural Resources Environment and Public Works Finance Foreign Relations Governmental Affairs JudiciaryLabor and Human ResourcesRules and AdministrationSmall BusinessVeterans' Affairs |
OFFICERS OF THE CONGRESS
The Constitution provides that the vice president shall be president of the Senate. He or she has no vote, except in the case of a tie. The Senate chooses a president pro tempore to preside when the vice president is absent. The House of Representatives chooses its own presiding officer—the speaker of the House. The speaker and the president pro tempore are always members of the political party with the largest representation in each house.
At the beginning of each new Congress, members of the political parties select floor leaders and other officials to manage the flow of proposed legislation. These officials, along with the presiding officers and committee chairmen, exercise strong influence over the making of laws.
THE LAWMAK1NG PROCESS
One of the major characteristics of the Congress is the dominant role committees play in its proceedings. Committees have assumed their present-day importance by evolution, not by constitutional design, since the Constitution makes no provision for their establishment.
At present the Senate has 16 standing (or permanent) committees: the House of Representatives has 22. Each specializes in specific areas of legislation: foreign affairs, defense, banking, agriculture, commerce, appropriations and other fields. Every bill introduced in either house is referred to a committee for study and recommendation. The committee may approve, revise, kill or ignore any measure referred to it. It is nearly impossible for a bill to reach the House or Senate floor without first winning committee approval. In the House, a petition to discharge a bill from a committee requires the signatures of 218 members; in the Senate, a majority of all members is required. In practice, such discharge motions only rarely receive the required support.
The majority party in each house controls the committee process. Committee chairmen are selected by a caucus of party members or specially designated groups of members. Minority parties are proportionally represented on the committees according to their strength in each house.
Bills are introduced by a variety of methods. Some are drawn up by standing committees; some by special committees created to deal with specific legislative issues; and some may be suggested by the president or other executive officers. Citizens and organizations outside the Congress may suggest legislation to members, and individual members themselves may initiate bills. After introduction, bills are sent to designated committees which, in most cases, schedule a series of public hearings to permit presentation of views by persons who support or oppose the legislation. The hearing process, which can last several weeks or months, opens the legislative process to public participation.
One virtue of the committee system is that it permits members of Congress and their staffs to amass a considerable degree of expertise in various legislative fields. In the early days of the republic, when the population was small and the duties of the federal government narrowly circumscribed, such expertise was not as important. Each congressman was a generalist and dealt knowledgeably with all fields of interest. The complexity of national life today calls for special knowledge, which means that elected representatives often acquire expertise in one or two areas of public policy.
When a committee has acted favorably on a bill, the proposed legislation is then sent to the floor for open debate. In the Senate, the rules permit virtually unlimited debate. In the House, because of the large number of members, the Rules Committee usually sets limits. When debate is ended, members vote either to approve the bill, defeat it, table it—which means setting it aside and is tantamount to defeat—or return it to committee. A bill passed by one house is sent to the other for action. If the bill is amended by the second house, a conference committee composed of members of both houses attempts to reconcile the differences.
Once passed by both houses, the bill is sent to the president, for constitutionally the president must act on a bill for it to become law. The president has the option of signing the bill—by which it becomes law—or vetoing it. A bill vetoed by the president must be reapproved by a two-thirds vote of both houses to become law.
The president may also refuse either to sign or veto a bill. In that case, the bill becomes law without his signature 10 days after it reaches him (not counting Sundays). The single exception to this rule is when Congress adjourns after sending a bill to the president and before the 10-day period has expired; his refusal to take any action then negates the bill—a process known as the "pocket veto."
CONGRESSIONAL POWERS OF INVESTIGATION
One of the most important nonlegislative functions of the Congress is the power to investigate. This power is usually delegated to committees—either the standing committees, special committees set up for a specific purpose, 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, to inquire into the qualifications and performance of members and officials of the other branches, and on rare occasions, to lay the groundwork for impeachment proceedings. Frequently, committees call on outside experts to assist in conducting investigative hearings and to make detailed studies of issues.
There are important corollaries to the investigative power. One is the power to publicize investigations and their results. Most committee hearings are open to the public and are widely reported in the mass media. Congressional investigations thus represent one important tool available to lawmakers to inform the citizenry and arouse public interest in national issues. Congressional committees also have the power to compel testimony from unwilling witnesses, and to cite for contempt of Congress witnesses who refuse to testify and for perjury those who give false testimony.