By the end of this lesson, you will be able to explain Congress's constitutional powers, analyze the legislative process, evaluate how bicameralism affects policymaking, and apply knowledge of Congress to AP Government FRQ scenarios.
Constitutional Foundations
Article I establishes Congress as the legislative branch. The Framers gave Congress extensive power — the longest article in the Constitution.
Bicameralism: Two chambers — the Senate and House of Representatives — reflect a compromise between large and small states.
Enumerated (express) powers (Article I, Section 8):
Levy and collect taxes
Borrow money
Regulate interstate and foreign commerce
Coin money
Declare war
Raise and maintain the military
Implied powers:
Necessary and Proper Clause ("Elastic Clause"): Congress may make laws "necessary and proper" for carrying out its enumerated powers — the basis for most modern federal legislation.
Non-legislative powers:
Oversight: Investigating executive agencies and programs
Treaty ratification: Senate must ratify treaties with a 2/3 majority
Impeachment: House impeaches, Senate tries and convicts
The Legislative Process
Most bills follow this path:
Introduction: Any member introduces a bill in their chamber.
Committee referral: The bill goes to the relevant standing committee.
Committee action: Hearings, markups (amendments), and vote. Most bills die here.
Floor action:
House: Rules Committee controls debate and amendment procedures. Limited debate.
Senate: Unlimited debate; filibuster possible (extended speaking to delay/block vote); cloture requires 60 votes to end debate.
Conference committee: If House and Senate pass different versions, a conference committee reconciles them.
Presidential action: Sign (becomes law), veto (returned to Congress), or pocket veto.
Override: Congress can override a veto with a 2/3 vote in BOTH chambers.
The Filibuster and Cloture
Filibuster: A Senate procedure allowing unlimited debate — can be used to block a vote indefinitely.
Cloture: A motion to end debate, requiring 60 Senate votes (3/5 majority).
Significance: The 60-vote threshold effectively requires a supermajority for most Senate legislation. This gives the minority party significant power to block legislation the majority wants.
Nuclear option: Some types of nominations (executive branch, lower court judges) now require only a simple majority after rules changes in 2013 and 2017. Supreme Court nominees require only 51 votes.
The Committee System
Committees are where the real work of Congress happens. They specialize in policy areas, hold hearings, draft legislation, and oversee executive agencies.
Standing committees: Permanent committees with specific jurisdictions (Armed Services, Judiciary, Finance, etc.).
Select committees: Temporary, created for specific investigations.
Conference committees: Temporary, created to reconcile House and Senate versions of a bill.
Joint committees: Include members of both chambers; primarily informational.
Committee chairs: Typically members of the majority party with the most seniority; control committee agenda, scheduling, and staff.
Congressional Leadership
House:
Speaker of the House: Elected by the House majority; presides; sets agenda; most powerful position in Congress.
Majority leader and minority leader: Floor leaders.
Majority/minority whips: Count votes and ensure party members vote with leadership.
Senate:
President pro tempore: Ceremonial presiding officer; typically the most senior majority party senator.
Majority leader: Most powerful Senate position; controls Senate schedule.
Minority leader: Leads the minority party; often uses parliamentary tools (filibuster) to influence legislation.
Factors Influencing Congressional Voting
Party affiliation: The strongest predictor of how members vote — party polarization has increased.
Constituents: Members consider their district's preferences, especially on salient issues and near elections.
Interest groups: Provide information, campaign contributions, and electoral support in exchange for policy access.
President: Members of the president's party typically vote with the president; opposing party members typically don't.
Personal beliefs and expertise: Members with expertise in a policy area (e.g., military veterans on Armed Services) often vote on principle.
Congressional Oversight
Congress checks the executive branch through oversight:
Hearings: Calling executive branch officials to testify
Investigations: Special committees or subcommittees
Budget power (power of the purse): Congress controls appropriations; refusing to fund programs effectively limits executive action
Confirmation power: Senate can reject nominees
Summary
Bicameralism: House (population-based, 2-year terms, revenue bills, impeachment) vs. Senate (equal, 6-year terms, confirmations, treaties, try impeachments).
Committees: Where real legislative work occurs; standing committees by policy area.
AP Exam Tip: Congress questions often test how the filibuster, committee system, or bicameralism affects policymaking. Know that these features create institutional inertia — making it hard to pass legislation, which was intentional by the Framers who feared legislative tyranny.