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American History Atlas
Government, Laws, and Institutions

InstitutionThe Early Republic

Congress

The legislative branch: the Senate and the House of Representatives

1789U.S. Capitol, Washington, D.C.

The west front of the United States Capitol
US Capitol west side, Martin Falbisoner, 2013-09-05 15:28:36. Via Wikimedia Commons · CC BY-SA 3.0 · Source

Article I of the Constitution vests “All legislative Powers” in a Congress made up of a Senate and a House of Representatives. Members of the House are elected every two years, with seats apportioned by population; each state has two senators serving six-year terms. Congress makes the laws, levies taxes, declares war, confirms presidential appointments, and can impeach and remove officials. As the branch closest to the people, it has been the stage for many of the great debates of American history.

Key facts

Date
1789
Location
U.S. Capitol, Washington, D.C.
Constitutional basis
Article I
House
Members “chosen every second Year by the People”; the House alone originates revenue bills and holds “the sole Power of Impeachment”
Senate
Two senators per state, six-year terms; tries impeachments, approves treaties and appointments
Election of senators
By state legislatures until the Seventeenth Amendment (1913) provided for direct election
First Congress
1789

Why it matters

Congress is the first branch of government in the Constitution and the institution through which Americans’ elected representatives make law, control spending, and hold presidents to account.

Origins

The Constitution gives every state two senators regardless of its size, while seats in the House are apportioned among the states according to population. Senators were originally chosen by state legislatures; members of the House have always been elected directly by the people.

Powers and limits

Article I, Section 8 gives Congress power “To lay and collect Taxes,” to borrow money, to regulate commerce, “To declare War,” to raise armies and a navy, and “To make all Laws which shall be necessary and proper” for carrying out its powers. Every bill must pass both houses and be presented to the president, and Congress can override a veto by two-thirds of each house. The Senate confirms or rejects nominations for federal agencies, judges, and the Supreme Court, and Congress can remove a president from office through impeachment.

How it changed over time

Political parties, which the founders had hoped to avoid, quickly organized Congress; within a decade they absorbed state and local factions in the House. Congress debated slavery’s expansion in compromises from 1820 to 1850, led Reconstruction and passed the Thirteenth, Fourteenth, and Fifteenth Amendments, and in the Progressive Era proposed the Seventeenth Amendment for direct election of senators. In the twentieth century it enacted the New Deal, the Civil Rights Act, and the Great Society, and after Vietnam and Watergate it reasserted its oversight of presidential war-making.

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Check your understanding

Try answering in your own words, then open the answer.

  1. 1.Where did it come from?Show answer
    The Constitution gives every state two senators regardless of its size, while seats in the House are apportioned among the states according to population. Senators were originally chosen by state legislatures; members of the House have always been elected directly by the people.

    From “Origins” above.

  2. 2.What can it do, and what limits it?Show answer
    Article I, Section 8 gives Congress power “To lay and collect Taxes,” to borrow money, to regulate commerce, “To declare War,” to raise armies and a navy, and “To make all Laws which shall be necessary and proper” for carrying out its powers.

    From “Powers and limits” above.

  3. 3.How has it changed over time?Show answer
    Political parties, which the founders had hoped to avoid, quickly organized Congress; within a decade they absorbed state and local factions in the House.

    From “How it changed over time” above.

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How this connects to the rest of the atlas.

Sources

  1. 1.
    The Constitution of the United States: A Transcription

    National Archives · Primary source · cited for text of Articles I and II

  2. 2.
    Branches of the U.S. government

    USA.gov (U.S. General Services Administration) · Institutional · cited for roles of Congress, the president, and checks and balances

  3. 3.
    Party Divisions of the House of Representatives, 1789 to Present

    U.S. House of Representatives, Office of the Historian · Institutional · cited for parties in the House since 1789

  4. 4.
    17th Amendment — Milestone Documents

    National Archives · Primary source · cited for direct election of senators

  5. 5.
    The American Yawp, “The Unraveling”

    The American Yawp (eds. Joseph Locke and Ben Wright; Stanford University Press) · Scholarly · cited for 1970s: Vietnam’s end, Watergate, feminism, environmentalism

Image credits

  • US Capitol west side, Martin Falbisoner, 2013-09-05 15:28:36. Via Wikimedia Commons · CC BY-SA 3.0 · Source

Written for American History Atlas from the sources above. See how entries are researched.

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