The Legislative Branch is described in Article I of the United States Constitution. Read Section 1 of Article I.
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.
legislative: law-making
vested in: given to
consist: be made up of
Where did the idea of a legislature come from?
The idea of separating the different powers of government dates to ancient times.
The Greek philosopher Aristotle made one of the earliest references to "mixed government" over 2,300 years ago! In this type of government, a law-making body works with other parts of government to govern. In the Roman Republic, the Legislative Assemblies and Senate made laws.
Where do the two chambers (bicameral) of Congress meet?
The House of Representatives and the Senate meet in the United States Capitol Building in Washington, D.C. The Capitol sits on Capitol Hill.
Today, the inside of the Capitol is 1.5 million square feet and the building has more than 600 rooms! The House and the Senate each have their own chambers on opposite sides of the building.
The Capitol's history
The Capitol Building wasn't always as big as it is today. When the Capitol first opened in 1800, the House of Representatives and the Senate shared a wing, or part of the building. The building also did not have a dome.
The two houses of Congress are the House of Representatives and the Senate.
Each member of the House of Representatives represents an area of a state known as a district.
Read the following passage about how districts are determined.
Every ten years, the United States government takes a census, or a count of the number of people in the country. After the census, House seats are apportioned, or distributed, between the states based on population. Then, each state draws its own district lines. Those districts are supposed to be about equal in population.
First, the government takes a census to count the number of people in the country. The census shows the population of each state.
House seats are redistributed between the states based on their populations. This process is called apportionment.
States with a changed number of representatives must draw new district lines.
Finally, voters elect representatives to represent each new district.
Though the Constitution does not mention them, political parties are important for determining leadership and power in Congress. The United States has a two-party system.
The aisle
Have you ever heard someone describe the support for a bill as coming from "both sides of the aisle?" This refers to the layout of the rooms where members of Congress meet! As you face the front of the room in either chamber, Republicans sit on the right and Democrats sit on the left. When a member of Congress "crosses the aisle," he or she joins the other party in support of a bill.
One party in charge
In 1880, Representative Thomas B. Reed, a Republican from Maine, said the words below about Congress.
The best system is to have one party govern and the other party watch.
The majority party is the party with more members in a chamber of Congress. Do you think that Reed was in the majority party or the minority party when he said these words?
Each house of Congress has important leaders, many of whom are determined by which party is in the majority.
Who writes bills?
A member of Congress must introduce a bill, but anyone can write a bill. Here are some people who often write bills:
lobbyists, or people hired to convince lawmakers to pass certain laws
experts on certain topics
staff of members of Congress
the president and his or her staff
In the Senate, the process begins when a senator introduces the bill. Next, the bill is sent to committee where a subcommittee reviews the bill, and a full committee debates, amends, and votes on the senator's bill. If the full Senate votes to approve the bill, a merged version of the bill is created. If the House and Senate vote to approve the merged bill, the president can sign the bill into law.
The chart below shows how a bill becomes a law.
What's a veto?
The Constitution gives the president the power to veto, or reject, bills approved by Congress. There are two types of presidential vetoes:
a regular veto, in which the president returns the legislation to the House or Senate without signing it
a "pocket" veto, in which the president fails to sign a bill after Congress has adjourned, or ended a session
Congress can override, or rule against, a regular presidential veto with a vote of two-thirds of the members in each chamber. Congress cannot override a "pocket" veto.
How have presidents used their veto power?
This table shows the four presidents who used the most vetoes during their presidencies. The last column of the table shows that Congress rarely overrides vetoes. In fact, between 1789 and 2004, only seven percent of presidential vetoes were overridden.
Have you ever read or heard about a filibuster? In a filibuster, a senator might stand up and talk about a bill for hours and hours without stopping.
What is the longest filibuster on record?
In 1957, Senator Strom Thurmond of South Carolina delivered the longest filibuster on record. It lasted 24 hours and 18 minutes!
Thurmond was filibustering the Civil Rights Act of 1957. During his marathon filibuster, Thurmond yielded the floor once to another senator who also opposed the bill. That was his only bathroom break.
President Dwight Eisenhower signed the Civil Rights Act of 1957 into law, despite Senator Strom Thurmond's filibuster.
Article I, Section 8 of the United States Constitution specifically lists certain powers of the legislative branch. These are called expressed powers.
In addition, the Constitution allows Congress to use implied powers.
These powers aren't listed in the Constitution, but they're necessary in order to use the expressed powers.
Read the list of some of the expressed powers of the legislative branch.
creating and collecting taxes
borrowing and spending money
regulating trade between states
creating post offices
declaring war
funding, establishing, and maintaining the military
The U.S. Constitution establishes a separation of powers between the executive, legislative, and judicial branches of government. The power of each branch is limited by the other branches in specific ways. This system of checks and balances is shown in the chart.
These choices are examples of checks on the executive branch by the legislative branch:
voting not to approve a president's nominee for a federal office
overriding a presidential veto
This choice is an example of a check on the judicial branch by the legislative branch:
removing a federal judge for bad behavior
Judicial review
The Supreme Court checks the legislative branch through judicial review, or the ability to declare acts of Congress unconstitutional. In 1803, the Supreme Court struck down a law as unconstitutional for the first time in American history in the case of Marbury v. Madison.
The U.S. Congress can make laws that apply in every state. But each state also has its own state legislature that makes laws for that state only.
The Venn diagram below shows types of laws that can be made by the federal government only, the state government only, or both.
Representatives are elected by citizens in each district and senators are elected by citizens in each state.
Who can vote?
Voters must meet all of these requirements:
be citizens of the United States
meet their state's requirements about living in the state
be at least 18 years old
be registered to vote
Some states also have laws that prevent certain groups from voting:
prisoners
convicted felons, or those who are convicted of serious crimes
What are some ways that voters hear about congressional candidates?
through talking to friends and family members
through advertisements on the Internet, television, radio, and in print
through groups that argue for particular political positions and legislation
How much money does it cost to run for Congress?
In 2012, winning House candidates raised an average of $1,689,580 in campaign contributions. On average, winning candidates for the Senate raised $10,476,451 in campaign contributions. That's a lot of money!
Voting is one way that individuals can interact with the legislative branch of government. What are some other ways that constituents, or people represented by government officials, can try to influence the legislative branch?
writing a letter to a senator
encouraging other people to vote for a congressional candidate