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LESSON PURPOSE
The United States Congress is one of the few national assemblies in the world with the power to initiate legislation
rather than simply vote on bills proposed by the executive. Congress also conducts important investigations that
can lead to changes ín public policy and even the removal of federal judges and the president. From its earliest
days Congress has relied on rules and leadership structures to facilitate its work. Toda¡ with 535 members,
Congress faces a variety of organizational challenges in its effort to represent growing and diverse constituencies,
When you have finished this lesson, you should be able to describe the role of rules, committees, and political
parties in the organization and operation of Congress. You should be able to describe the process through which
proposed legislation becomes law. You should be able to identifr the primary sources on which members of
Congress rely for information in the lawmaking process and to explain the importance of Congress's inherent
power to investigate. You also should be able to explain why compromise is required in the deliberative process.
Finall¡ you should be able to evaluate, take, and defend positions on how Congress functions and whether it
should streamline its procedures.
TERMS AND CONCEPTS TO UNDERSTAND
bill
cloture
filibuster
impeachment
pocket veto
power to investigate
resolution
seniority
lobbying
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Why do congressional committees hold public hearings?
HOW DO COMMITTEES AND RULES
HELP CONGRESS DO ITS WORK?
committees and subcommittees the careful,
deliberative work of Congress occurs. Committee assignments shape members' careers
within Congress, enable them to serve their
constituents' interests, and sometimes
provide them national prominence.
The Constitution says little about how the House or
the Senate should function. Article I, Section 5, states
only that each chamber "may determine the Rules of its
Proceedings." The fìrst Congress (1789-1791) set a
precedent that is followed to this day by creating
committees and adopting rules that govern how each
house functions.
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Both chambers also use select committees
and task forces, which usually have specific
assignments and exist for a limited time. For
example, a select committee was created to
review james Madison's proposal for a Bill
of Rights during the first session of Congress
Committees Both
the House and the
Senate have standing, or permanent, committees. Each committee, such as the House
because members feared that using the regular committee process might take too long.
Agriculture Committee or the Senate Appropriations Committee, has jurisdiction over
particular subjects and appoints subcommitteæ
to examine proposals within specific areas.
In committees and subcommittees proposals
can be examined carefrrlly and various perspectives heard. It is common for these committees
and subcommittees to hold public hearings
to receive testimony from individuals and
groups on matters of interest to them. Oversight hearings also maybe held during which
members of administrative agencies may
be called on to testifr regarding how they
carry out laws enacted by Congress. In these
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Individual members of committees, such
as
the Senate Foreign Relations Committee,
conduct personal investigations and make
on-site visits related to their committee
assignments,
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Rules House rules, which
are adopted by
each Congress, specifr the size of committees.
House rules also specifi the jurisdiction of
committees. That is, they specifi the kinds of
draft proposals for legislation, known as bills,
such as education, energy, or defense bills,
that should be handled by each committee.
WHO LEADS THE HOUSE AND SENATE?
House rules also place limits on the number
of members on committees and subcommittees, how many committees a member can
serve on, and term limits for the chairpersons
of the committees. House rules also govern
the form and structure of debates on the
floor of the House. For important bills the
Rules Committee of the House, which is controlled by the majority party, creates "special
rules." Committees also make rules that specifr committee procedures, such as the order
in which members ask witnesses questions at
hearings, how long each member may ask
questions, how proposals are amended or
The Constitution states that members of the House
"shall choose their Speaker and other Officers." The
House selects one of its own members to be Speaker.
Leadership in the House has taken essentially three forms:
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Strong institutional Speaker At many
times in Americat history the Speaker of
the House has been one of the most powerfrrl
political figures in the country and has wielded
tight control over the organization and the
legislative agenda of that chamber. Speakers
typically control committee appointmens and
chair the powerful Rules Committee, called
the "traffic cop" of the House because it
decides which bills will come to the floor and
what the rules of debate will be. In the 1890s
Speaker Thomas B. Reed was so powerful
that he was known as "Czar Reed."
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Decentralizedcommitteeleadership
Sometimes leadership in the House has been
decentralized. In the earþ twentieth centur¡
for example, members of the House rebelled
"marked up" in committee, and the form in
which bills are reported from committees.
The Senate also operates according to rules,
but the rules are treated more informally in
the Senate than in the House. Traditionall¡
members of the Senate have been more independent than members of the House, perhaps because senators originally were regarded as "ambassadors" from their states, A single senator can use the filibuster, a practice
of refusing to surrender the floor during
against the Speaker's centralized leadership
by placing power in the hands of committee
a
debate, to prevent a vote on a proposal. In
L9l7 the Senate adopted a rule that allows a
vote of 60 members to cut off debate, known
as a cloture vote, and thus bring a proposal
to a vote by the full Senate. Senators also have
chairs, During periods of decentralized leadership committee chairs frequently are selected
the opportunity to amend bills on the floor,
something that the House rules forbid.
Political parties also have organizations and leaders
within Congress whose job is to encourage members to
adhere to party policies and platforms. Party control traditionallyhas been stronger in the House than in the Senate.
Under political pafty control, committee chairs
are
appointed not only according to seniority, or length of
service, but also on the basis of party loyalty. At this time,
chairs of committees are limited to three two-year terms.
WHAT DO YOU THINK?
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Throughout American history deliberative bodies
have used committees to facilitate theirworlc How
does the use of committees in Congress promote
or undermine the principles of representation,
majority rule, and limited government?
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What principles and values do rules and strict
adherence to them s€rve in a representative deliberative body such as the United States Congress?
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What are some of the powers of the Speaker of the House of
Representatives?
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WHAT ROLES DO MA'ORITY
RULE AND COMPROMISE PLAY IN
on the basis of seniority. Powerful committee
chairs often compete with one another to
CONGRESS¡ONAL DEL¡BERAÍIONS?
control the legislative agenda.
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of the most complicated
in American politics. Only about one in ten
proposals survives and rarely without significant
changes. The process begins when a member, either
alone or with cosponsors, introduces a proposal for a
Enacting a law is one
Political party control A third model of
House leadership is a strong Speaker who
represents the majority party more than the
institution as a whole. For example, in the
1990s Republican Speaker Newt Gingrich
processes
law. Most proposals take the forms of bills, but they also
can be resolutions. A simple resolution addresses procedural rules or expresses sentiments in each chamber. A
championed his party's "Contract with
America," an agenda to reform many aspects
of American national government. Committee chairs were appointed on the basis of
party loyalty rather than seniority.
joint resolution, introduced in both chambers at the
same time, is a device for proposing constitutional
Leadership in the Senate always has differed from
leadership in the House. The Constitution provides that
the "Vice President of the United States shall
be
President of the Senatel' Howeve6 the vice president is
not a member of the Senate and often is not a member
of the majority party in the Senate. (Recall that since the
adoption of the Twelfth Amendment in 1804 the vice
president always has been a member of the same political. party as the president.) As Senate president, the vice
president's only real power is to cast tie-breaking votes.
In the absence of a constitutionally recognized leader,
senators have elected majority and minority party leaders to guide their operations. However, leadership in the
Senate never has been as formal as in the House, largely
because of the tradition of individual independence in
that chamber.
amendments or other matters. If signed by the president
or passed over his or her veto, a joint resolution has the
force of law. A concurrent resolution usually expresses
the "sentiment" of Congress but is not law. However,
since the 1974 Congressional Budget Act a concurrent
resolution has bound Congress to budget limitations.
A bill can be introduced into either or both cham-
bers. However, the Constitution requires revenue
bills, which raise mone¡ to originate in the House.
When a bill or a joint resolution is introduced, it is
assigned a number (with the prefix H in the House
and S in the Senate). In general terms, the process
then unfolds as follows:
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Committee
assþment
Why do you think the Constitution requires that revenue bills originate in the House of Represenutives?
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All bills are assigned
to at least one committee. The committee
chair usually refers bills to subcommittees.
Most bills are subjected to rigorous scrutin¡
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In what ways have organized groups used the politicai process to establish rights not explicitly contained in the Constitution?
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offered and debated.
to more than one committee and is defeated
or significantly amended in at least one,
then it is not likely to survive,
Hearings Once a bill
has been assigned, the
committee schedules a hearing, which usually
is open to the public and often announced in
newspapers and other forums. (See Reference
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interest groups and outside experts may
present testimony. Testimony also may be
presented by governmental organizations
that support the legislative branch, such
as the Congressional Budget Office, the
a committee wants to
try
to get a bill enacted into law, it will schedule
what are called "mark-up" sessions in which
committee members review the bill, modifr
it as they wish, approve of their final version,
and then recommend the bill to the full
House or Senate for approval. Bills developed
by subcommittees are referred to fi.rll committees for approval before being submitted to
the full House or Senate. Committee chairs
determine whether the full committee will
consider bills reported out of a subcommittee. During committee or subcommittee
deliberations, amendments to bills can be
wins a favorable committee
either in its original form or with recommended amendments. The written report
that accompanies the bill explains why the
as it did. Committee reports
always are made available to the public.
committee acted
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Floor vote When a bill is reported out
of committee, it is placed on a calendar
for consideration and a vote by the full
House or Senate.
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Referral to the other chamber Bills or
resolutions passed by one chamber must
be sent to the other chamber, and the process
begins again. The other chamber may defeat
proposals, amend them, or approve them
without amendment.
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Conference committee Few bills that
survive in one chamber emerge from the
other chamber without being amended. When
Senate and House versions of a bill differ a
conference committee, composed of members
of both chambers, usually is appointed to try
to reach a compromise. If the conference
Congressional Research Service, and the
Government Accountability Ofûce.
Deliberations If
Report If the bill
is assigned
vote, then it is reported to the full chamber
section for a description of a congressional
hearing.) People such as representatives of
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Ifa bill
and their sponsors must agree to compromises
in the form of amendments.
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What
is the role
the subject of a filibuster in the Senate.
.
Referral to the president Bills approved
by both chambers are sent to the president.
If the president signs a bill, then it becomes
law If the president vetoes the bill, it will
become law only
if it is passed again by a
two-thirds majority of those present and
voting of each chamber. If the president
within ten days and Congress
adjourns, the bill is dead. This last action
does not sign
is
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of conferenc€ committees in resolving differences betlveen the House and
committee reaches agreement, then it issues
a conference report that is submitted to both
chambers for a vote, A conference report
may not be amended, although it may be
known
as a
pocketveto.
A bill must win majority support at every stage of the
It is not enough to win a majority vote just
once. The bill also must be acceptable to those who
manage the process, including party leaders. Members
of Congress who sponsor bills must be persistent and
willing to compromise if they are to build winning coaliprocess.
tions at each stage.
By the time a proposal becomes a law, many groups
and individuals with different interests and perspectives
usually have scrutinized and debated it, The lawmaking
process demonstrates America's system of representative
government, limited government, and checks and balances at work.
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Senate?
CRIT¡CAL TH
IN
KING EXERC¡SE
Examlnlng the Role of Congress ln
Promcting thq protection of lndividual R¡ghts
Âtûention to landmark cases in which Supreme C,ourt
decisions have ræulted in the protection of the rights of
minorities often has overshadowed the role of Congress
and the active engagement of citizens in the political
proc€ss. Brown v. Board of Education is an example of such
a case. Congress drafted the Bill ofRights and all the subsequent amendments that protect individual rights and
extend rights
to
those deprived
of them in the
past.
only
but also has established rights not explicitly contained in the amendments.
The results have been significant changes in American life.
Landmark legislation significantly changes public policy or
the relationship between the national government and the
states. Another orample is the National Labor Relations Act
of 1935 that protects the rights of workers to form and join
labor unions. When the amendments to the Constitution
C-ongress also has passed landmark legislation that not
has given support to these amendments
have not been sufficient
to protect individual
rights,
In the area of
civil rights, for example, Congress passed the Civil Rights
Acts of 1866, 1871, 1875,1957,L960,1964,1968, and 1991.
Congress has passed facilitating legislation.
The passage of such legislation is a result of using
democratic political processes made possible by our
Constitution. Members of government have used these
processes, as have private citizens, many affiliated with
interest groups and movements. The abolition movement and the woman suffrage movement are examples,
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Work in groups of three to five students. Each group
should select one piece of landmark legislation from the
Iist below and research what rights the legislation was
designed to protect and how Congress and interest
groups used the political process to pass the legislation.
Each group should then develop answers to the questions
that follow and prepare a short presentation for the class.
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Civil Rights Act (1866)
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What historical circumstances led to the legislation?
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What rights does the legislation promote or protect?
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How does the legislation reflect a major
shift in American public poliry?
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How has the legislation changed the
course of private and public action?
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How was the political process used
to pass this legislation?
.
Was this legislation
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Was this legislation the result of members
National Labor Relations Act (1935)
Servicemen's ReadjustmentAct (G.L Bill) (1944)
initiated by one or more
members of Congress? If so, who were they
and why did they initiate the legislation?
of
Civil Rights Act (1964)
Congress
Voting Rights Act (1965)
groups? If so, what were the groups and how
did they help get the legislation passed?
Freedom of Information Act (1966)
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working cooperatively with interest
Was this legislation the result
of members of
Indian Civil Rights Act (1968)
Congress being pressured by other members
Pregnancy Disability Act (1978)
or by interest groups? If so, who applied the
pressure and what methods did they use?
Americans with Disabilities Act (1990)
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Homeland Security Act (2002)
What are the major provisions of the legislation?
Was this legislation the result of pressure
put on Congress by an administration
supported by coalitions of civil rights
organizations and activists?
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What other factors contributed
to the passage of the legislation?
How did disabled Americans use the political process to encourage the creation of the Americans with Disabilities Act of
1990?
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WHERE DO MEMBERS OF CONGRESS GET
IDEAS FOR LEGISLATION AND ¡NFORMATION
¡N DECIDING WHICH BILLS TO SUPPORT?
Members of Congress often initiate legislation based
on campaign promises to constituents,
responses to
problems or crises, or their own anaþis of whatlaws are
needed. They also introduce legislation at the request of
others and must decide whether to support bills that are
submitted by others. The Library of Congress through
its Congressional Research Service frequently assists
Congress by providing information and analyzing
will provide an
anaþis of the budget for a bill and its projected costs. In
issues. The Congressional Budget Office
addition, information and requests for legislation often
come from the following sources:
¡
The executive
branch Article II, Section
3,
instructs the president to give Congress information on the "State of the Unionl'and to "recommend to their Consideration such Measures
as he shall judge necessary and expedient." The
president delivers an annual State ofthe Union
address to Congress that outlines the president's
legislative agenda, Írmong other things. This
agenda can include creating, consolidating, or
eliminating departments or agencies. Members
of the president's party in Congress usually
sponsor the president's legislative proposals.
Executive departments and agencies are
another regular source of legislative proposals. Most proposals from the executive
branch are aimed at improving the functions
of the departments or agencies that Congress
already has created. These proposals usually
are carefrrlly crafted and ready for a member
of Congress to introduce.
.
Constituents Manyofthosewholive in
a
representative's district or a senatort state
communicate with their elected officials,
recommending the enactment of new laws or
the repeal of existing laws. Constituents make
teþhone calls, respond to public opinion polls,
send faxes and email, write personal letters, participate in letter-writing campaigns, and use
blogs to inform their elected representatives and
to persuade them about the need for particular
legislation. Sometimes constituents ask their
representative to introduce special legislation
to address an individual problem or situation.
.
Interestgroups Thousands ofindividuals
and groups seek to influence members of
Congress and legislation through lobbying,
the practice of trþg to affect legislation on
What a¡e the principal functions of the State of the Union
158
add¡ess?
behalf of organizations, industries, or interest
groups through contact with legislators. Groups
that participate in lobbying include businesses,
civic organizations, professional associations, and
nongovernmental organizations. The Lobbþg
Disclosure Act of 1996 requires some lobbyists
to disclose the interests they represent, the
issues in which they are interested, and how
much they spend annually. The act does not
limit the amount of lobbying in which any
individual or group may engage. The activity of
lobbying reflects the First Amendment rights
to speak, assemble, and petition, Effective lob-
Congress began making
full
use of its inherent power
to investigate only in the twentieth century. For example, a congressional investigation into labor practices in
the 1930s resulted in federal labor legislation. Standing
congressional committees most often conduct investigations. Recentl¡ however, Congress has made greater use
of special investigative commissions, such as to examine
the explosion of the Chøllenger space shuttle in 1986 and
the terrorist attacks on the United States in 2001. Today
Congress's investigations rival its lawmaking powers and
have helped Congress maintain its power in relation to
the executive branch.
byiss, whether individuals or groups, must be
Congress uses its power to investigate as part of its
power to impeach, or to put federal officials on trial. Any
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member
Well informed Members of Congress
must be able to rely on the information
they receive from lobbyists, Information
must be able to withstand scrutin¡ and
it must be timely.
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Knowledgeable Lobbyists need to
know not only their own issues but also
the intricacies ofthe legislative process,
key players, and which groups support
and oppose particular proposals.
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Organized Interest groups must
of the House may initiate
impeachment
proceedings by introducing a resolution. The type of
resolution determines which committee will investigate
the charges. For example, a resolution calling for the
impeachment of a federal judge will be referred to the
|udiciary Committee, If the committee finds that there
are grounds for impeachment, then it reports "articles of
impeachment"-¿ççr¡s¿1isns of misconduct-to the full
House for debate. If a majority of those present and voting
agree on impeachment, then the matter is sent to the
convey
$dPËA{HFdtrlT nF,ÂpE
a consistent message and must be persistent.
They must be able to explain how an issue
affects their members and clients. And
they must use various forms of communication effectivel¡ including personal
contact with members of Congress.
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Cooperative
Successful interest groups,
like members of Congress, must be able to
build coalitions with other interest groups
in the search for workable majorities.
HOW DOES CONGRESS USE
¡TS POWER TO INVESTIGATE?
Legislative bodies have claimed the power to inves-
tigate since at least the seventeenth century. Congress
has conducted hundreds of investigations since 1792.
The purposes of investigations include the following:
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Finding facts on which to base legislation
Discovering or influencing public opinion
Overseeingadministrativeagencies
Probing into questionable activities
of public ofûcials
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liålrfrF*{ElÊ
'lmp.¡chm€nt Paradq' a I 999 Hcrblock Cartoon, @pFi8ht
by The
Hrb
Block Foundation
Securing partisan political gain
What evidence, if an¡ is there for the opinion about the impeachment
process conveyed in this cartoon?
't59
Senate
for a trial. Conviction requires a two-thirds
If the person convicted is an executive
majority vote.
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officer, then removal from office is automatic.
The House does not often use its impeachment
power, Only seventeen national offìcers have been
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ffiffift¡lule
impeachedr
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PresidentsAndrew Johnson (1868)
and Bill Clinton (1998) (both acquitted)
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Secretary of War William Belknap (1876)
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(acquitted after resignation)
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Senator William Blount (1799) (charges
dismissed after expelled from Senate)
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Thirteen federal judges (seven found guilt¡
four acquitted, two resigned), including
Supreme Court Iustice Samuel Chase (1805)
Should members of the public be allowed to observe impeachment
proceedings? Why?
REVIEW¡NG AND USING THE LESSON
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(acquitted)
The threat of impeachment alone can be powerful.
President Richard Nixon (in office, 1969-1974) and
Supreme Court Justice Abe Fortas (in office, 1965-1969),
as examples, each resigned when it appeared that he
would be impeached.
How do committees, rules, and political
parties help Congress organize to do
its work?
|Ð What
values are served by using seniority
to determine committee leadership positions
in Congress? What values are served by
using party loyalty to determine leadership
positions? Is one method more consistent
with constitutional
CRIT¡CAL THINKING EXERC¡SE
Restoring Congressional Power
Congress is the lynchpin of the American constitutional system. However, several scholars and even
former members of Congress believe that it is now a
ideals? Why?
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How has the role ofSpeaker of
the House evolved since 1900?
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Describe the responsibilities of the
House, the Senate, and the president
in the law-making process.
"broken branch." Among other things they criticize
members of Congress for not effectively using the
@ Explain the roles ofinterest
power to investigate, for ceding power to the executive,
and for using the institution for personal advancement rather than promotion of the common good.
Work in small groups to respond to the following questions, Then share your responses with other groups.
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How could Congress make the most
Congress uses its power to investigate to
assess
blame for government acts in the
past and to acquire information to help
it enact laws, Is one
use of the power to
investigate more justifiable than the other?
Why or why not?
How might Congress's processes for
effective use of its power to investigate?
How does landmark legislation
differ from ordinary legislation?
What organizational changes might
make Congress work more effectively?
reviewing and debating proposed legislation be streamlined? Should they be?
What values are served by streamlining
or by not streamlining these processes?
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groups in making laws.
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Research the committees on which
your
congressional representatives serve. How
do those committees address the interests
and concerns ofyour district or state
and the nation as a whole?