LEGISLATIVE- (Senate and House of Representatives)
What is the PURPOSE of having a branches of government in one Country?
To ensure the government is effective and citizens’ rights are protected, each branch has its own
powers and responsibilities, including working with the other branches.
Why is the legislative branch the most powerful branch of government?
The Legislative Branch The legislative branch is the most powerful branch in government. The
legislative branch is in charge of making and passing laws. They have the power to override a
president’s decision, stop laws from being passed, and basically control all decisions the
governments makes.
The legislative branch is made up of the House and Senate, known collectively as the Congress. Among
other powers, the legislative branch makes all laws, declares war, regulates interstate and foreign
commerce and controls taxing and spending policies.
Congress makes our laws. Congress is divided into 2 parts.
SENATE
HOUSE REPRESENTATIVES
Representatives meet together to discuss ideas and decide if these ideas (bills) should become laws.
Both senators and representatives are elected by the eligible voters in their states.
The Legislative Process
The first step in the legislative process is the introduction of a bill to Congress. Anyone can write
it, but only members of Congress can introduce legislation. Some important bills are traditionally
introduced at the request of the President, such as the annual federal budget. During the
legislative process, however, the initial bill can undergo drastic changes.
After being introduced, a bill is referred to the appropriate committee for review. There are Senate
committees, with subcommittees, and House committees, with subcommittees. The committees are not
set in stone, but change in number and form with each new Congress as required for the efficient
consideration of legislation. Each committee oversees a specific policy area, and the subcommittees
take on more specialized policy areas. For example, the House Committee on Ways and Means includes
subcommittees on Social Security and Trade.
A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected
entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the
full committee, where the process is repeated again. Throughout this stage of the process, the
committees and subcommittees call hearings to investigate the merits and flaws of the bill. They
invite experts, advocates, and opponents to appear before the committee and provide
testimony, and can compel people to appear using subpoena power if necessary.
If the full committee votes to approve the bill, it is reported to the floor of the House or Senate,
and the majority party leadership decides when to place the bill on the calendar for
consideration. If a bill is particularly pressing, it may be considered right away. Others may wait
for months or never be scheduled at all.
When the bill comes up for consideration, the House has a very structured debate process. Each
member who wishes to speak only has a few minutes, and the number and kind of amendments
are usually limited. In the Senate, debate on most bills is unlimited — Senators may speak to
issues other than the bill under consideration during their speeches, and any amendment can be
introduced. Senators can use this to filibuster bills under consideration, a procedure by which a
Senator delays a vote on a bill — and by extension its passage — by refusing to stand down. A
supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate
on the bill, and forcing a vote. Once debate is over, the votes of a simple majority passes the bill.
A bill must pass both houses of Congress before it goes to the President for consideration.
Though the Constitution requires that the two bills have the exact same wording, this rarely
happens in practice. To bring the bills into alignment, a Conference Committee is convened,
consisting of members from both chambers. The members of the committee produce a
conference report, intended as the final version of the bill. Each chamber then votes again to
approve the conference report. Depending on where the bill originated, the final text is then
enrolled by either the Clerk of the House or the Secretary of the Senate, and presented to the
Speaker of the House and the President of the Senate for their signatures. The bill is then sent to
the President.
When receiving a bill from Congress, the President has several options. If the President agrees
substantially with the bill, he or she may sign it into law, and the bill is then printed in the
Statutes at Large. If the President believes the law to be bad policy, he may veto it and send it
back to Congress. Congress may override the veto with a two-thirds vote of each chamber, at
which point the bill becomes law and is printed.
There are two other options that the President may exercise. If Congress is in session and the
President takes no action within 10 days, the bill becomes law. If Congress adjourns before 10
days are up and the President takes no action, then the bill dies and Congress may not vote to
override. This is called a pocket veto, and if Congress still wants to pass the legislation, they
must begin the entire process anew.
Powers of Congress
Congress, as one of the three coequal branches of government, is ascribed significant powers by
the Constitution. All legislative power in the government is vested in Congress, meaning that it is
the only part of the government that can make new laws or change existing laws.
Article I of the Constitution enumerates the powers of Congress and the specific areas in which
it may legislate. Congress is also empowered to enact laws deemed “necessary and proper” for
the execution of the powers given to any part of the government under the Constitution.
Both chambers of Congress have extensive
investigative powers, and may compel the
production of evidence or testimony toward whatever end they deem necessary.
Members of Congress spend much of their time holding hearings and investigations in committee.
The Senate maintains several powers to itself: It ratifies treaties by a two-thirds supermajority
vote and confirms the appointments of the President by a majority vote. The consent of the
House of Representatives is also necessary for the ratification of trade agreements and the
confirmation of the Vice President.
Government Oversight
Oversight of the executive branch is an important Congressional check on the President’s power
and a balance against his discretion in implementing laws and making regulations.
A major way that Congress conducts oversight is through hearings. The House Committee on
Oversight and Government Reform and the Senate Committee on Homeland Security and
Government Affairs are both devoted to overseeing and reforming government operations, and
each committee conducts oversight in its policy area.
