View source for Congress of the United States

{{Short description|Bicameral legislature of the United States}}
{{About||the current Congress|118th United States Congress|the building|United States Capitol}}
{{Third-party|date=May 2024}}
{{pp-pc}}
{{Use American English|date=February 2019}}
{{Use mdy dates|date=April 2019}}
{{Infobox legislature
 | name               = United States Congress
 | legislature        = [[118th United States Congress]]<!--[[119th United States Congress]]-->
 | coa_pic            = Seal of the United States Congress.svg
 | house_type         = [[Bicameralism|Bicameral]]
 | houses             = [[United States Senate|Senate]]<br/>[[United States House of Representatives|House of Representatives]]
 | foundation         = {{start date and age|1789|3|4|p=1|br=1}}
 | preceded_by        = [[Congress of the Confederation]]
 | new_session        = January 3, 2023
 | leader1_type       = [[Vice President of the United States|President of the Senate]]
 | leader1            = [[Kamala Harris]]
 | party1             = ([[Democratic Party (United States)|D]])
 | election1          = [[Inauguration of Joe Biden|January 20, 2021]]
 | leader2_type       = [[President pro tempore of the United States Senate|Senate president pro tempore]]
 | leader2            = [[Patty Murray]]
 | party2             = ([[Democratic Party (United States)|D]])
 | election2          = January 3, 2023
 | leader3_type       = [[Party leaders of the United States Senate|Senate Majority Leader]]
 | leader3            = [[Chuck Schumer]] 
 | party3             = ([[Democratic Party (United States)|D]])
 | election3          = January 20, 2021
 | leader4_type       = [[Speaker of the United States House of Representatives|Speaker of the House]]
 | leader4            = [[Mike Johnson]] (R)
 | party4             =  
 | election4          = October 25, 2023
 | leader5_type       = [[Party leaders of the United States House of Representatives|House Majority Leader]]
 | leader5            = [[Steve Scalise]]
 | party5             = (R)
 | election5          = January 3, 2023
| members            = {{ubli
  | 535 voting members{{ubli
   | 100 senators 
   | 435 {{shy|rep|re|sen|ta|tives}}
   }}
  | 6 [[non-voting members of the United States House of Representatives|non-voting members]]
  }}
 | house1             = [[United States Senate|Senate]]
 | house2             = [[United States House of Representatives|House of Representatives]]
 | structure1         = 118th United States Senate.svg 
 | structure1_res     = 250px
 | structure2         = (118th) US House of Representatives.svg
 | structure2_res     = 250px
 | political_groups1  = '''Majority (51)'''
* {{nowrap|{{Color box|{{party color|Democratic Party (US)}}|border=darkgray}} Democratic (47)}}
* {{nowrap|{{Color box|#9999FF|border=darkgray}} [[Independent Democrat|Independent]] (4)}}{{efn|name=King|Independent Sens. [[Angus King]] of [[Maine]] and [[Bernie Sanders]] of [[Vermont]] [[Senate Democratic Caucus|caucus]] with the Democratic Party;<ref>{{Cite news |date=November 14, 2012 |title=Maine Independent Angus King To Caucus With Senate Democrats |work=[[Politico]] |url=https://www.npr.org/sections/itsallpolitics/2012/11/14/165149633/maine-independent-angus-king-to-caucus-with-senate-democrats |url-status=live |access-date=November 28, 2020 |archive-url=https://web.archive.org/web/20201208105816/https://www.npr.org/sections/itsallpolitics/2012/11/14/165149633/maine-independent-angus-king-to-caucus-with-senate-democrats |archive-date=December 8, 2020 |quote=Angus King of Maine, who cruised to victory last week running as an independent, said Wednesday that he will caucus with Senate Democrats. [...] The Senate's other independent, Bernie Sanders of Vermont, also caucuses with the Democrats.}}</ref><ref>{{Cite web|url=https://www.nbcnews.com/politics/congress/senate-group-social-security-changes-biden-hits-republicans-rcna73307|title=Senate group eyes Social Security changes as Biden hits Republicans over benefits|date=March 3, 2023|website=NBC News|access-date=August 31, 2023|archive-date=August 31, 2023|archive-url=https://web.archive.org/web/20230831140548/https://www.nbcnews.com/politics/congress/senate-group-social-security-changes-biden-hits-republicans-rcna73307|url-status=live}}</ref><ref>{{Cite web|url=https://thehill.com/homenews/sunday-talk-shows/3770717-sanders-calls-sinema-corporate-democrat-who-sabotaged-legislation/|title=Sanders calls Sinema 'corporate Democrat' who 'sabotaged' legislation|first=Zach|last=Schonfeld|date=December 11, 2022|access-date=August 31, 2023|archive-date=August 31, 2023|archive-url=https://web.archive.org/web/20230831140548/https://thehill.com/homenews/sunday-talk-shows/3770717-sanders-calls-sinema-corporate-democrat-who-sabotaged-legislation/|url-status=live}}</ref> independent Sens. [[Kyrsten Sinema]] of [[Arizona]] and [[Joe Manchin]] of [[West Virginia]] do not caucus with the Democrats, but are "formally aligned with the Democrats for committee purposes".<ref>{{Cite web|url=https://www.politico.com/news/magazine/2023/03/23/sinema-trashes-dems-gop-00088461|title=Sinema Trashes Dems: 'Old Dudes Eating Jell-O'|date=March 23, 2023|website=POLITICO|access-date=August 31, 2023|archive-date=October 8, 2023|archive-url=https://web.archive.org/web/20231008092304/https://www.politico.com/news/magazine/2023/03/23/sinema-trashes-dems-gop-00088461|url-status=live}}</ref>}}
'''Minority (49)'''
* {{nowrap|{{Color box|{{party color|Republican Party (US)}}|border=silver}} [[Republican Party (United States)|Republican]] (49)}}
 | political_groups2  =  '''Majority (220)'''
* {{no wrap|{{Color box|{{party color|Republican Party (US)}}|border=silver}} [[Republican Party (United States)|Republican]] (220)}}
'''Minority (212)'''
* {{nowrap|{{Color box|{{party color|Democratic Party (US)}}|border=silver}} Democratic (212)}}
'''Vacant (3)'''
* {{nowrap|{{Color box|{{party color|Vacant (US)}}|border=silver}} Vacant (3)}}
 | committeess1       =
 | committees2        =
 | joint_committees   =
 | voting_system1     =
 | voting_system2     =
 | last_election2     = [[2024 United States House of Representatives elections|November 5, 2024]]
 | last_election1     = [[2024 United States Senate elections|November 5, 2024]]
 | next_election2     = [[2026 United States House of Representatives elections|November 3, 2026]]
 | next_election1     = [[2026 United States Senate elections|November 3, 2026]]
 | session_room       = United States Capitol west front edit2.jpg
 | session_res        = 240px
 | meeting_place      = [[United States Capitol]]<br/>[[Washington, D.C.]]<br/>[[United States|United States of America]]
 | website            = {{URL|https://congress.gov}}
 | constitution       = [[Constitution of the United States|United States Constitution]], article I
}}
{{Politics of the United States}}
{{United States constitutional law}}
The '''United States Congress''' is the [[legislature]] of the [[federal government of the United States]]. It is [[Bicameralism|bicameral]], composed of a lower body, the [[United States House of Representatives]], and an upper body, the [[United States Senate]]. It meets in the [[United States Capitol]] in [[Washington, D.C.]] Members are chosen through [[direct election]],{{efn|name="17A"|Before the ratification of the [[Seventeenth Amendment to the U.S. Constitution]] in 1913, senators were chosen by state legislatures.}} though vacancies in the Senate may be filled by a [[Governor (United States)|governor]]'s appointment. Congress{{efn|name="Style"|Congress does not take a [[Article (grammar)|grammatical article]], except when referring to a specific session of Congress.<ref name="Garner_Page_203">{{cite book |last1=Garner |first1=Bryan A. |author-link1=Bryan A. Garner |title=Garner's Dictionary of Legal Usage |date=2011 |publisher=Oxford University Press |location=Oxford |isbn=9780195384208 |page=203 |edition=3rd |url=https://books.google.com/books?id=O1m1bI5vCooC&pg=PA203 |access-date=October 22, 2023}}</ref>  }} has 535 voting members: 100 senators and 435 representatives. The [[vice president of the United States]], as President of the Senate, has a vote in the Senate only when there is a tie. The House of Representatives has six [[Non-voting members of the United States House of Representatives|non-voting members]].<ref>{{cite web|url=https://crsreports.congress.gov/product/pdf/R/R45583|title=Membership of the 116th Congress: A Profile|page=4|website=[[Congressional Research Service]]|access-date=5 March 2020|quote=Congress is composed of 541 individuals from the 50 states, the District of Columbia, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, and Puerto Rico.|archive-date=January 14, 2021|archive-url=https://web.archive.org/web/20210114214342/https://crsreports.congress.gov/product/pdf/R/R45583|url-status=live}}</ref>

Congress convenes for a two-year [[Term of office|term]], commencing every other January. [[Elections in the United States|Elections]] are held every even-numbered year on [[Election Day (United States)|Election Day]]. The members of the House of Representatives are elected for the two-year term of a Congress. The [[Reapportionment Act of 1929]] established that there be 435 representatives, and the Uniform Congressional Redistricting Act requires that they be elected from [[Single-member district|single-member constituencies]] or ''districts''. It is also required that the [[Congressional districts of the United States|congressional districts]] be [[United States congressional apportionment|apportioned]] among [[U.S. state|states]] by [[Representation by population|population]] every ten years using the [[U.S. census]] results, provided that each state has at least one congressional representative. Each senator is elected [[at-large]] in their state for a six-year term, with [[Staggered elections|terms staggered]], so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for the 50 states.

[[Article One of the U.S. Constitution]] requires that members of Congress be at least 25 years old for the House and at least 30 years old for the U.S. Senate, be a [[Citizenship of the United States|U.S. citizen]] for seven years for the House and nine years for the Senate, and be an inhabitant of the state which they represent. Members in both chambers may stand for {{Nowrap|re-election}} an unlimited number of times.

The Congress was created by the [[U.S. Constitution]] and first met in 1789, replacing the [[Congress of the Confederation]] in its legislative function. Although not legally mandated, in practice since the 19th century, members of Congress are typically affiliated with one of the [[Two-party system|two major parties]], the [[Democratic Party (United States)|Democratic Party]] or the Republican Party, and only rarely with a [[Third-party members of the United States House of Representatives|third party]] or [[Independent (politician)|independents]] affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to [[Caucuses of the United States Congress|caucus]] with members of the political parties. Members can also [[Party switching|switch parties]] at any time, although this is quite uncommon.

==Overview==
[[File:The United States Legislative Process Overview (1) - Library of Congress.webm|thumb|An overview of the United States legislative process from the [[Library of Congress]]]]
[[File:Johnson Impeachment Committee.jpg|thumb|alt=Seven men wearing suits posing for a group picture.|In 1868, this committee of representatives prosecuted President [[Andrew Johnson]] in his impeachment trial, but the Senate did not convict him.]]
[[Article One of the United States Constitution]] states, "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." The House and Senate are equal partners in the legislative process{{snd}}legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves [[President of the United States|presidential]] [[Appointments Clause|appointments]] while the House initiates [[revenue]]-raising bills.

The House initiates and decides [[Federal impeachment in the United States|impeachment]] while the Senate votes on conviction and removal of office for impeachment cases.<ref name=tws2010Sep11bb>{{cite web |author= John V. Sullivan |title= How Our Laws Are Made |publisher= U.S. House of Representatives |date= July 24, 2007 |url= https://www.congress.gov/resources/display/content/How+Our+Laws+Are+Made+-+Learn+About+the+Legislative+Process |access-date= November 27, 2016 |archive-date= May 5, 2020 |archive-url= https://web.archive.org/web/20200505213625/https://www.congress.gov/resources/display/content/How+Our+Laws+Are+Made+-+Learn+About+the+Legislative+Process |url-status= live }}</ref> A two-thirds vote of the Senate is required before an impeached person can be removed from office.<ref name=tws2010Sep11bb/>

The term ''[[Congress]]'' can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the [[118th United States Congress|118th Congress]], began on January 3, 2023, and will end on January 3, 2025. Since the adoption of the [[Twentieth Amendment to the United States Constitution]], the Congress has started and ended at noon on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators; members of the House of Representatives are referred to as representatives, congressmen, or congresswomen.

Scholar and representative [[Lee H. Hamilton]] asserted that the "historic mission of Congress has been to maintain freedom" and insisted it was a "driving force in American government"<ref name=tws2010Sep11t14aa/> and a "remarkably resilient institution".<ref name=tws2010Sep11rtww>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |page=23 |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214644/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref> Congress is the "heart and soul of our democracy", according to this view, even though legislators rarely achieve the prestige or name recognition of presidents or [[Supreme court justices|Supreme Court justices]]; one wrote that "legislators remain ghosts in America's historical imagination." One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and is extraordinarily sensitive to public pressure.<ref name=tws2010Sep11t14dd4>{{cite news |editor1= Julian E. Zelizer |editor2= Joanne Barrie Freeman |editor3= Jack N. Rakove |editor4= Alan Taylor |title= The American Congress: The Building of Democracy |publisher= Houghton Mifflin Company |pages= xiii–xiv |year= 2004 |isbn= 0-618-17906-2 |url= https://books.google.com/books?id=_MGEIIwT5pUC&q=Zelizer+Julian+2004+American+Congress+The+Building+of+Democracy |access-date= September 11, 2010 |display-authors= etal |archive-date= October 19, 2017 |archive-url= https://web.archive.org/web/20171019131704/https://books.google.com/books?id=_MGEIIwT5pUC |url-status= live }}</ref> Several academics described Congress:

{{blockquote|Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body{{spaces}}... Congress is essentially charged with reconciling our many points of view on the great public policy issues of the day.<ref name=tws2010Sep11t14aa/>}}

Congress is constantly changing and is constantly in flux.<ref name=tws2010Sep11t14cc>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214329/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref> In recent times, the [[Southern United States|American South]] and [[American west|West]] have [[United States congressional apportionment|gained]] House seats according to [[demographic]] changes recorded by the census and includes more women and [[minorities]].<ref name=tws2010Sep11t14cc/> While power balances among the different parts of [[government]] continue to change, the internal structure of Congress is important to understand along with its interactions with so-called ''intermediary institutions'' such as [[Political party|political parties]], [[civic associations]], [[Lobbying|interest groups]], and the [[mass media]].<ref name=tws2010Sep11t14dd4/>

The Congress of the United States serves two distinct purposes that overlap: local representation to the federal government of a congressional district by representatives and a state's at-large representation to the federal government by senators.

Most [[Incumbent|incumbents]] seek re-election, and their historical [[Incumbent#Incumbency advantage|likelihood of winning]] subsequent elections exceeds 90 percent.<ref name=incumbent>{{cite news|author = Perry Bacon Jr.|title = Post Politics Hour: Weekend Review and a Look Ahead|newspaper = The Washington Post|date = August 31, 2009|url = https://www.washingtonpost.com/wp-dyn/content/discussion/2009/08/27/DI2009082703265.html|access-date = September 20, 2009|archive-date = January 14, 2021|archive-url = https://web.archive.org/web/20210114215514/https://www.washingtonpost.com/wp-dyn/content/discussion/2009/08/27/DI2009082703265.html|url-status = live}}</ref>

The [[Congressional archives|historical records of the House of Representatives and the Senate]] are maintained by the Center for Legislative Archives, which is a part of the [[National Archives and Records Administration]].<ref>{{cite web|url = https://www.senate.gov/artandhistory/history/common/generic/Information_about_Senate_Archives.htm|title = Information about the Archives of the United States Senate|access-date = January 6, 2014|publisher = U.S. Senate|archive-date = January 6, 2014|archive-url = https://web.archive.org/web/20140106181652/http://www.senate.gov/artandhistory/history/common/generic/Information_about_Senate_Archives.htm|url-status = live}}</ref>

Congress is directly responsible for the governing of the [[Washington, D.C.|District of Columbia]], the current seat of the federal government.

==History==
{{Main|History of the United States Congress}}

===18th century===
[[File:Scene at the Signing of the Constitution of the United States.jpg|thumb|The 1940 portrait ''[[Scene at the Signing of the Constitution of the United States]]'', depicting [[George Washington]] presiding over the signing of the [[Constitution of the United States]]]]
The [[First Continental Congress]] was a gathering of representatives from twelve of the [[Thirteen Colonies]].<ref name="kramnick">{{cite book |editor=Kramnick, Isaac|author= Thomas Paine |title=Common Sense |publisher=Penguin Classics |year=1982 |page=21}}</ref> On July 4, 1776, the [[Second Continental Congress]] adopted the [[Declaration of Independence of the United States|Declaration of Independence]], referring to the new nation as the "United States of America". The [[Articles of Confederation]] in 1781 created the [[Congress of the Confederation]], a [[Unicameralism|unicameral]] body with equal representation among the states in which each state had a [[veto]] over most decisions. Congress had executive but not legislative authority, and the federal judiciary was confined to admiralty<ref name=WeaknessArticlesConfederation>{{cite news | title = References about weaknesses of the Articles of Confederation}}*{{cite news|author=Pauline Maier (book reviewer)|title=History – The Framers' Real Motives (book review) Unruly Americans and the Origins of the Constitution book by Woody Holton|newspaper=The Washington Post|date=November 18, 2007|url=https://www.washingtonpost.com/wp-dyn/content/article/2007/11/15/AR2007111502145.html|access-date=October 10, 2009|archive-date=January 14, 2021|archive-url=https://web.archive.org/web/20210114214438/https://www.washingtonpost.com/wp-dyn/content/article/2007/11/15/AR2007111502145.html|url-status=live}}*{{cite web|title = The Constitution and the Idea of Compromise|publisher = PBS|date = October 10, 2009|url = https://www.pbs.org/georgewashington/classroom/index2.html|access-date = October 10, 2009|archive-date = January 14, 2021|archive-url = https://web.archive.org/web/20210114214452/https://www.pbs.org/retired-site/|url-status = live}}*{{cite news|author = Alexander Hamilton|title = Federalist No. 15 – The Insufficiency of the Present Confederation to Preserve the Union|publisher = FoundingFathers.info|year = 1788|url = http://www.foundingfathers.info/federalistpapers/fed15.htm|access-date = October 10, 2009|archive-date = January 14, 2021|archive-url = https://web.archive.org/web/20210114214331/http://www.foundingfathers.info/federalistpapers/fed15.htm|url-status = live}}</ref> and lacked authority to collect taxes, regulate commerce, or enforce laws.<ref name="english-p5-6">English (2003), pp. 5–6</ref><ref>Collier (1986), p. 5</ref>

Government powerlessness led to the [[Philadelphia Convention|Convention of 1787]] which proposed a revised constitution with a two-chamber or ''bicameral'' Congress.<ref name=tws10octA04>{{cite news |author = James Madison |title = James Madison and the Federal Constitutional Convention of 1787 – Engendering a National Government |publisher = The Library of Congress – American memory |year = 1787 |url = http://memory.loc.gov/ammem/collections/madison_papers/mjmconst.html |access-date = October 10, 2009 |archive-date = May 4, 2015 |archive-url = https://web.archive.org/web/20150504005311/http://memory.loc.gov/ammem/collections/madison_papers/mjmconst.html |url-status = live }}</ref> Smaller states argued for equal representation for each state.<ref name=tws10octA03>{{cite news|title = The Founding Fathers: New Jersey|publisher = The Charters of Freedom|date = October 10, 2009|url = https://www.archives.gov/exhibits/charters/constitution_founding_fathers_new_jersey.html|access-date = October 10, 2009|archive-date = October 9, 2016|archive-url = https://web.archive.org/web/20161009200825/http://www.archives.gov/exhibits/charters/constitution_founding_fathers_new_jersey.html|url-status = live}}</ref> The two-chamber structure had functioned well in state governments.<ref name=Presidency-Time-1931-03-09>{{cite news |title=The Presidency: Vetoes |newspaper=Time |date=March 9, 1931 |url=http://www.time.com/time/magazine/article/0,9171,741166,00.html |access-date=September 11, 2010 |archive-date=August 12, 2013 |archive-url=https://web.archive.org/web/20130812024010/http://www.time.com/time/magazine/article/0,9171,741166,00.html |url-status=dead }}</ref> A compromise plan, the [[Connecticut Compromise]], was adopted with representatives chosen [[Rep by pop|by population]] (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states).<ref name=tws2010Sep11t14cc/><ref name=tws2010Sep11t14dd5/> The ratified constitution created a [[federalism|federal structure]] with two overlapping power centers so that each citizen ''as an individual'' is subject to the powers of state government and national government.<ref name=tws10octA01>{{cite news |author1=David B. Rivkin Jr. |author2=Lee A. Casey |name-list-style=amp |title=Illegal Health Reform |newspaper=The Washington Post |date=August 22, 2009 |url=https://www.washingtonpost.com/wp-dyn/content/article/2009/08/21/AR2009082103033.html |access-date=October 10, 2009 |archive-date=October 29, 2020 |archive-url=https://web.archive.org/web/20201029095959/https://www.washingtonpost.com/wp-dyn/content/article/2009/08/21/AR2009082103033.html |url-status=live }}</ref><ref name=tws10octA>{{cite web|author=Founding Fathers via FindLaw|title=U.S. Constitution: Article I (section 8 paragraph 3) – Article Text – Annotations|work=FindLaw|year=1787|url=http://caselaw.lp.findlaw.com/data/constitution/article01/|access-date=October 10, 2009|archive-date=February 12, 2010|archive-url=https://web.archive.org/web/20100212115712/http://caselaw.lp.findlaw.com/data/Constitution/article01/|url-status=live}}</ref><ref>English (2003), p. 7</ref> To protect against abuse of power, each branch of government{{snd}}executive, legislative, and judicial{{snd}}had a separate sphere of authority and could check other branches according to the principle of the [[separation of powers]].<ref name=tws2010Sep11bb/> Furthermore, there were checks and balances ''within'' the legislature since there were two separate chambers.<ref>English (2003), p. 8</ref> The new government became active in 1789.<ref name=tws2010Sep11bb/><ref name=tws10octA02>{{cite web |title = The Convention Timeline |publisher = U.S. Constitution Online |date = October 10, 2009 |url = http://www.usconstitution.net/consttime2.html |access-date = October 10, 2009 |archive-date = January 14, 2021 |archive-url = https://web.archive.org/web/20210114214352/https://www.usconstitution.net/consttime2.html |url-status = live }}</ref>

Political scientist [[Julian E. Zelizer]] suggested there were four main congressional eras, with considerable overlap, and included the ''formative era'' (1780s–1820s), the ''partisan era'' (1830s–1900s), the ''committee era'' (1910s–1960s), and the ''contemporary era'' (1970–present).<ref>{{cite news |author= Eric Patashnik |editor= Julian E. Zelizer |title= The American Congress: The Building of Democracy |publisher= Houghton Mifflin Company |year= 2004 |isbn= 0-618-17906-2 |url= https://books.google.com/books?id=_MGEIIwT5pUC&q=Zelizer+Julian+2004+American+Congress+The+Building+of+Democracy |access-date= September 11, 2010 |archive-date= October 19, 2017 |archive-url= https://web.archive.org/web/20171019131704/https://books.google.com/books?id=_MGEIIwT5pUC |url-status= live }}</ref>

[[Federalist Party|Federalists]] and [[Anti-Federalism|anti-federalists]] jostled for power in the early years as political parties became pronounced. With the passage of the Constitution and the [[United States Bill of Rights|Bill of Rights]], the anti-federalist movement was exhausted. Some activists joined the [[Anti-Administration Party]] that [[James Madison]] and [[Thomas Jefferson]] were forming about 1790–1791 to oppose policies of Treasury Secretary [[Alexander Hamilton]]; it soon became the [[Democratic-Republican Party]] or the Jeffersonian Republican Party<ref>[http://memory.loc.gov/cgi-bin/ampage?collId=mjm&fileName=05/mjm05.db&recNum=591 James Madison to Thomas Jefferson, March 2, 1794] {{Webarchive|url=https://web.archive.org/web/20171114125555/http://memory.loc.gov/cgi-bin/ampage?collId=mjm&fileName=05%2Fmjm05.db&recNum=591 |date=November 14, 2017 }} "I see by a paper of last evening that even in New York a meeting of the people has taken place, at the instance of the Republican Party, and that a committee is appointed for the like purpose."<br/>[http://memory.loc.gov/cgi-bin/query/r?ammem/mtj:@field%28DOCID+@lit%28tj060237%29%29 Thomas Jefferson to President Washington, May 23, 1792] {{Webarchive|url=https://web.archive.org/web/20210114214351/http://memory.loc.gov/cgi-bin/query/r?ammem%2Fmtj%3A%40field%28DOCID+%40lit%28tj060237%29%29 |date=January 14, 2021 }} "The republican party, who wish to preserve the government in its present form, are fewer in number. They are fewer even when joined by the two, three, or half dozen anti-federalists.{{spaces}}..."</ref> and began the era of the [[First Party System]].

===19th century===
In 1800, [[Thomas Jefferson]]'s election to the presidency marked a [[peaceful transition of power]] between the parties. [[John Marshall]], 4th chief justice of the [[Supreme Court of the United States|Supreme Court]], empowered the courts by establishing the principle of [[Judicial review in the United States|judicial review in law]] in the landmark case ''[[Marbury v. Madison]]'' in 1803, effectively giving the Supreme Court a power to nullify congressional legislation.<ref>{{cite book | first=Erwin | last=Chemerinsky | author-link=Erwin Chemerinsky | title=Constitutional Law: Principles and Policies | edition= 5th | location=New York | publisher=Wolters Kluwer | year=2015 | page=37| isbn=978-1-4548-4947-6 }}</ref><ref>{{cite journal | last=Van Alstyne | first=William | title=A Critical Guide to ''Marbury v. Madison'' | journal=Duke Law Journal | volume=18 | issue=1 | page=1 | year=1969 | url=https://scholarship.law.duke.edu/faculty_scholarship/544/ | access-date=November 24, 2018 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214505/https://scholarship.law.duke.edu/faculty_scholarship/544/ | url-status=live }}</ref>

The Civil War, which lasted from 1861 to 1865, which resolved the slavery issue and unified the nation under federal authority but weakened the power of [[states rights|states' rights]]. The [[Gilded Age]] (1877–1901) was marked by [[History of the United States Republican Party|Republican]] dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President [[Ulysses S. Grant]] in which influential lobbies advocated for railroad subsidies and tariffs on wool.<ref>Margaret S. Thompson, ''The "Spider Web": Congress and Lobbying in the Age of Grant'' (1985)</ref> Immigration and high birth rates swelled the ranks of citizens and the nation grew at a rapid pace. The [[Progressive Era]] was characterized by strong party leadership in both houses of Congress and calls for reform; sometimes reformers said lobbyists corrupted politics.<ref>Elisabeth S. Clemens, ''The People's Lobby: Organizational Innovation and the Rise of Interest-Group Politics in the United States, 1890–1925'' (1997)</ref> The position of [[Speaker of the United States House of Representatives|Speaker of the House]] became extremely powerful under leaders such as [[Thomas Brackett Reed|Thomas Reed]] in 1890 and [[Joseph Gurney Cannon]].

===20th century===
[[File:United States Congress circa 1915.jpeg|thumb|The United States Congress, {{Circa|1915}}]]
[[File:Combined--Control of the U.S. House of Representatives - Control of the U.S. Senate.png|thumb|A historical graph of [[Party divisions of United States Congresses|party control]] of the Senate, House, and Presidency.<ref name="uspolitics.about">{{cite web |url=http://uspolitics.about.com/od/usgovernment/l/bl_party_division_2.htm |title=Party in Power – Congress and Presidency – A Visual Guide to the Balance of Power in Congress, 1945–2008 |publisher=Uspolitics.about.com |access-date=September 17, 2012 |url-status = dead|archive-url=https://web.archive.org/web/20121101145605/http://uspolitics.about.com/od/usgovernment/l/bl_party_division_2.htm |archive-date=November 1, 2012 }}</ref>]]
[[File:1989 Congress Bicentennial-Dollar.jpg|thumb|The 200th anniversary of Congress anniversary in 1989, which was honored by [[United States Congress Bicentennial commemorative coins]]]]
By the beginning of the 20th century, party structures and leadership emerged as key organizers of Senate proceedings.<ref>{{Cite book |last1=Davidson |first1=Roger H. |title=Congress and Its Members |last2=Oleszek |first2=Walter J. |last3=Lee |first3=Frances E. |last4=Schickler |first4=Eric |last5=Curry |first5=James M. |publisher=Sage CQ Press |year=2022 |isbn=9781071836859 |edition=18th |location=Thousand Oaks, CA |pages=161–162 |language=English}}</ref>

A system of seniority, in which long-time members of Congress gained more and more power, encouraged politicians of both parties to seek long terms. [[United States congressional committees|Committee]] chairmen remained influential in both houses until the reforms of the 1970s.<ref>{{Cite web |last=Fromkin |first=Lauren |date=February 15, 2024 |title=Cleaning Up House: Reforms to Empower U.S. House Committees |url=https://bipartisanpolicy.org/blog/reforms-to-empower-house-committees/ |access-date=May 17, 2024 |website=Bipartisan Policy}}</ref>

Important structural changes included the [[direct popular election]] of senators according to the [[Seventeenth Amendment to the United States Constitution|Seventeenth Amendment]],<ref name="tws2010Sep11t14dd5">{{cite news |author= David E. Kyvig |editor= Julian E. Zelizer |title= The American Congress: The Building of Democracy |publisher= Houghton Mifflin Company |page= 362 |year= 2004 |isbn= 0-618-17906-2 |url= https://books.google.com/books?id=_MGEIIwT5pUC&q=Zelizer+Julian+2004+American+Congress+The+Building+of+Democracy |access-date= September 11, 2010 |archive-date= October 19, 2017 |archive-url= https://web.archive.org/web/20171019131704/https://books.google.com/books?id=_MGEIIwT5pUC |url-status= live }}</ref> ratified on April 8, 1913. [[Supreme Court of the United States|Supreme Court]] decisions based on the Constitution's [[commerce clause]] expanded congressional power to regulate the economy.<ref name="tws28sep12">{{cite news |author1 = David B. Rivkin Jr. |author2 = Lee A. Casey |name-list-style = amp |title = Illegal Health Reform |newspaper = The Washington Post |date = August 22, 2009 |url = https://www.washingtonpost.com/wp-dyn/content/article/2009/08/21/AR2009082103033.html |access-date = September 28, 2009 |archive-date = October 29, 2020 |archive-url = https://web.archive.org/web/20201029095959/https://www.washingtonpost.com/wp-dyn/content/article/2009/08/21/AR2009082103033.html |url-status = live }}</ref> One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to the electorate.<ref name="tws2010Sep11u887">{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |page=38 |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214332/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref> [[Lame duck (politics)|Lame duck]] reforms according to the [[Twentieth amendment to the United States Constitution|Twentieth Amendment]] reduced the power of defeated and retiring members of Congress to wield influence despite their lack of accountability.<ref name="tws2010Sep11t14dd6">{{cite news |author= David E. Kyvig |editor= Julian E. Zelizer |title= The American Congress: The Building of Democracy |publisher= Houghton Mifflin Company |year= 2004 |isbn= 0-618-17906-2 |url= https://books.google.com/books?id=_MGEIIwT5pUC&q=Zelizer+Julian+2004+American+Congress+The+Building+of+Democracy |access-date= September 11, 2010 |archive-date= October 19, 2017 |archive-url= https://web.archive.org/web/20171019131704/https://books.google.com/books?id=_MGEIIwT5pUC |url-status= live }}</ref>

The [[Great Depression]] ushered in President [[Franklin Roosevelt]] and strong control by Democrats<ref>{{cite news|title=The Congress: 72nd Made|url=http://www.time.com/time/magazine/article/0,9171,740692,00.html|archive-url=https://web.archive.org/web/20080930090738/http://www.time.com/time/magazine/article/0,9171,740692,00.html|url-status=dead|archive-date=September 30, 2008|access-date=October 5, 2010|newspaper=[[Time (magazine)|Time]]|date=November 17, 1930}}</ref> and historic [[New Deal]] policies. [[Franklin D. Roosevelt|Roosevelt]]'s election in 1932 marked a shift in government power towards the executive branch. Numerous New Deal initiatives came from the [[White House]] rather initiated by Congress.<ref name="English14">English (2003), p. 14</ref> President Roosevelt pushed his agenda in Congress by detailing Executive Branch staff to friendly Senate committees (a practice that ended with the Legislative Reorganization Act of 1946).<ref>{{Cite journal|last=Farley|first=Bill|date=25 January 2021|title=Blending Powers: Hamilton, FDR, and the Backlash That Shaped Modern Congress|url=https://www.cambridge.org/core/journals/journal-of-policy-history/article/abs/blending-powers-hamilton-fdr-and-the-backlash-that-shaped-modern-congress/AE5E0D3D42A502AFE752F27FEADB176A|journal=Journal of Policy History|language=en|volume=33|issue=1|pages=60–92|doi=10.1017/S089803062000024X|s2cid=231694131|issn=0898-0306|access-date=March 2, 2021|archive-date=November 4, 2021|archive-url=https://web.archive.org/web/20211104163011/https://www.cambridge.org/core/journals/journal-of-policy-history/article/abs/blending-powers-hamilton-fdr-and-the-backlash-that-shaped-modern-congress/AE5E0D3D42A502AFE752F27FEADB176A|url-status=live|url-access=subscription}}</ref> The [[Democratic Party (United States)|Democratic Party]] controlled both houses of Congress for many years.<ref name="Dem9834">{{cite news|title=The Congress: Democratic Senate|url=http://www.time.com/time/magazine/article/0,9171,847065,00.html|archive-url=https://web.archive.org/web/20101027073231/http://www.time.com/time/magazine/article/0,9171,847065,00.html|url-status=dead|archive-date=October 27, 2010|access-date=October 10, 2010|newspaper=Time|date=November 14, 1932}}</ref><ref>{{cite news|title=Political Notes: Democratic Drift|url=http://www.time.com/time/magazine/article/0,9171,756879,00.html|archive-url=https://web.archive.org/web/20081215094513/http://www.time.com/time/magazine/article/0,9171,756879,00.html|url-status=dead|archive-date=December 15, 2008|access-date=October 10, 2010|newspaper=Time|date=November 16, 1936}}</ref><ref name=1930lop>{{cite news|title=The Congress: The 76th|url=http://www.time.com/time/magazine/article/0,9171,760301,00.html|archive-url=https://web.archive.org/web/20100826092956/http://www.time.com/time/magazine/article/0,9171,760301,00.html|url-status=dead|archive-date=August 26, 2010|access-date=October 10, 2010|newspaper=Time|date=November 21, 1938}}</ref> During this time, Republicans and conservative southern Democrats<ref>{{cite news|title=The Vice Presidency: Undeclared War|url=http://www.time.com/time/magazine/article/0,9171,789486-2,00.html|archive-url=https://web.archive.org/web/20110429014527/http://www.time.com/time/magazine/article/0,9171,789486-2,00.html|url-status=dead|archive-date=April 29, 2011|access-date=October 10, 2010|newspaper=Time|date=March 20, 1939}}</ref> formed the [[Conservative Coalition]].<ref name=1930lop/><ref>{{cite news|title=Congress: New Houses|url=http://www.time.com/time/magazine/article/0,9171,849318,00.html|archive-url=https://web.archive.org/web/20101014092712/http://www.time.com/time/magazine/article/0,9171,849318,00.html|url-status=dead|archive-date=October 14, 2010|access-date=October 10, 2010|newspaper=Time|date=November 11, 1940}}</ref> Democrats maintained control of Congress during [[World War II]].<ref name=Coner>{{cite news|title=Before the G.O.P. Lay a Forked Road|url=http://www.time.com/time/magazine/article/0,9171,932828,00.html|archive-url=https://web.archive.org/web/20101014141814/http://www.time.com/time/magazine/article/0,9171,932828,00.html|url-status=dead|archive-date=October 14, 2010|access-date=October 10, 2010|newspaper=Time|date=November 16, 1942}}</ref><ref>{{cite news|title=Business & Finance: Turn of the Tide|url=http://www.time.com/time/magazine/article/0,9171,932900,00.html|archive-url=https://web.archive.org/web/20101014142602/http://www.time.com/time/magazine/article/0,9171,932900,00.html|url-status=dead|archive-date=October 14, 2010|access-date=October 10, 2010|newspaper=Time|date=November 16, 1942}}</ref> Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees.<ref name=tws2010Sep11pp>{{cite news |title=The Congress: Effort toward Efficiency |newspaper=Time |date=May 21, 1965 |url= http://www.time.com/time/magazine/article/0,9171,901685,00.html |archive-url= https://web.archive.org/web/20080220083842/http://www.time.com/time/magazine/article/0,9171,901685,00.html |url-status= dead |archive-date= February 20, 2008 |access-date=September 11, 2010}}</ref> Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy.<ref name=tws2010Sep11pp/> Senator [[Joseph McCarthy]] exploited the fear of communism during the [[McCarthyism|Second Red Scare]] and conducted televised hearings.<ref>{{cite news|title=National Affairs: Judgments & Prophecies |url=http://www.time.com/time/magazine/article/0,9171,820388-2,00.html|archive-url=https://web.archive.org/web/20110501130122/http://www.time.com/time/magazine/article/0,9171,820388-2,00.html|url-status=dead|archive-date=May 1, 2011|access-date=October 10, 2010|newspaper=Time|date=November 15, 1954}}</ref><ref name=589win>{{cite news|title=The Congress: Ahead of the Wind|url=http://www.time.com/time/magazine/article/0,9171,810635,00.html|archive-url=https://web.archive.org/web/20110131165211/http://www.time.com/time/magazine/article/0,9171,810635,00.html|url-status=dead|archive-date=January 31, 2011|access-date=October 10, 2010|newspaper=Time|date=November 17, 1958}}</ref> In 1960, Democratic candidate [[John F. Kennedy]] narrowly won the presidency and power shifted again to the Democrats who dominated both chambers of Congress from 1961 to 1980, and retained a consistent majority in the House from 1955 to 1994.<ref>{{Cite web |last=Brownstein |first=Ronald |date=2023-06-20 |title=Why power in Congress is now so precarious {{!}} CNN Politics |url=https://www.cnn.com/2023/06/20/politics/congress-butterfly-effect-fault-lines/index.html |access-date=2024-05-17 |website=CNN |language=en |quote=...two decades of unbroken Democratic Senate control from 1961 to 1980 ... Neither side lately has consistently reached the heights that Democrats did while they held unbroken control of the lower chamber from 1955 through 1994 when the party routinely won 250 seats or more.}}</ref>

Congress enacted Johnson's [[Great Society]] program to fight poverty and hunger. The [[Watergate Scandal]] had a powerful effect of waking up a somewhat dormant Congress which investigated presidential wrongdoing and coverups; the scandal "substantially reshaped" relations between the branches of government, suggested political scientist [[Bruce J. Schulman]].<ref name=tws2010Sep11t14dd7>{{cite news |author= Bruce J. Schulman |editor= Julian E. Zelizer |title= The American Congress: The Building of Democracy |publisher= Houghton Mifflin Company |page= 638 |year= 2004 |isbn= 0-618-17906-2 |url= https://books.google.com/books?id=_MGEIIwT5pUC&q=Zelizer+Julian+2004+American+Congress+The+Building+of+Democracy |access-date= September 11, 2010 |archive-date= October 19, 2017 |archive-url= https://web.archive.org/web/20171019131704/https://books.google.com/books?id=_MGEIIwT5pUC |url-status= live }}</ref> Partisanship returned, particularly after 1994; one analyst attributes partisan infighting to slim congressional majorities which discouraged friendly social gatherings in meeting rooms such as the ''Board of Education''.<ref name=tws2010Sep11t14dd4/> Congress began reasserting its authority.<ref name="English14"/><ref>{{cite news|title=The House: New Faces and New Strains |url=http://www.time.com/time/magazine/article/0,9171,945101,00.html |archive-url=https://web.archive.org/web/20081222061724/http://www.time.com/time/magazine/article/0,9171,945101,00.html |url-status=dead |archive-date=December 22, 2008 |newspaper=Time |date=November 18, 1974}}</ref> [[Lobbying in the United States|Lobbying]] became a big factor despite the 1971 [[Federal Election Campaign Act]]. [[Political action committee]]s or PACs could make substantive donations to congressional candidates via such means as ''[[Soft Money|soft money]]'' contributions.<ref name=tws2010Sep11jggha>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |page=58 |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214339/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref> While soft money funds were not given to specific campaigns for candidates, the money often benefited candidates substantially in an indirect way and helped reelect candidates.<ref name=tws2010Sep11jggha/> Reforms such as the 2002 [[Bipartisan Campaign Reform Act]] limited campaign donations but did not limit ''soft money'' contributions.<ref name=tws30sep05>{{cite news |author= Nick Anderson |title= Political Attack Ads Already Popping Up on the Web |newspaper= Los Angeles Times |date= March 30, 2004 |url= https://www.latimes.com/archives/la-xpm-2004-mar-30-na-online30-story.html |access-date= September 30, 2009 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214342/https://www.latimes.com/archives/la-xpm-2004-mar-30-na-online30-story.html |url-status= live }}</ref> One source suggests post-Watergate laws amended in 1974 meant to reduce the "influence of wealthy contributors and end payoffs" instead "legitimized PACs" since they "enabled individuals to band together in support of candidates".<ref name=tws02oct201>{{cite news |author1=Susan Tifft |author2=Richard Homik |author3=Hays Corey |title = Taking an Ax to the PACs|newspaper = Time|date = August 20, 1984|url = http://www.time.com/time/magazine/article/0,9171,954335,00.html|archive-url = https://web.archive.org/web/20101029151705/http://www.time.com/time/magazine/article/0,9171,954335,00.html|url-status = dead|archive-date = October 29, 2010|access-date =October 2, 2009}}</ref>

From 1974 to 1984, PACs grew from 608 to 3,803 and donations leaped from $12.5{{spaces}}million to $120{{spaces}}million<ref name="tws02oct201"/><ref name=tws02oct223>{{cite news|last = clymer|first = Adam|title = Campaign spending in congress races soars to new high|newspaper = The New York Times|date = October 29, 1992|url = https://www.nytimes.com/1992/10/29/us/campaign-spending-in-congress-races-soars-to-new-high.html|access-date = October 2, 2009|archive-date = January 14, 2021|archive-url = https://web.archive.org/web/20210114214343/https://www.nytimes.com/1992/10/29/us/campaign-spending-in-congress-races-soars-to-new-high.html|url-status = live}}</ref><ref name=tws01oct22>{{cite news|author = Jeffrey H. Birnbaum|title = Cost of Congressional Campaigns Skyrockets|newspaper = The Washington Post|date = October 3, 2004|url = https://www.washingtonpost.com/wp-dyn/articles/A2935-2004Oct2.html|access-date = October 1, 2009|archive-date = January 14, 2021|archive-url = https://web.archive.org/web/20210114214408/https://www.washingtonpost.com/wp-dyn/articles/A2935-2004Oct2.html|url-status = live}}</ref> along with concern over PAC influence in Congress.<ref name=tws02oct205>{{cite news|author = Richard E. Cohen|title = PAC Paranoia: Congress Faces Campaign Spending – Politics: Hysteria was the operative word when legislators realized they could not return home without tougher campaign finance laws.|newspaper = Los Angeles Times|date = August 12, 1990|url = https://www.latimes.com/archives/la-xpm-1990-08-12-op-739-story.html|access-date = October 2, 2009|archive-date = January 14, 2021|archive-url = https://web.archive.org/web/20210114214344/https://www.latimes.com/archives/la-xpm-1990-08-12-op-739-story.html|url-status = live}}</ref><ref name=tws02oct212>{{cite news|author1 = Walter Isaacson|author2= Evan Thomas |author3=other bureaus|title = Running with the PACs|newspaper = Time| date = October 25, 1982| url = http://www.time.com/time/magazine/article/0,9171,953584-2,00.html| archive-url = https://web.archive.org/web/20110429013742/http://www.time.com/time/magazine/article/0,9171,953584-2,00.html| url-status = dead| archive-date = April 29, 2011| access-date =October 2, 2009}}</ref> In 2009, there were 4,600 business, labor and special-interest PACs<ref name=tws02oct209>{{cite news| author = John Fritze| title = PACs spent record $416M on federal election| newspaper = USA Today| date = March 2, 2009| url = https://www.usatoday.com/news/washington/2009-03-01-pacmoney_N.htm| access-date = October 2, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214343/https://usatoday30.usatoday.com/news/washington/2009-03-01-pacmoney_N.htm| url-status = live}}</ref> including ones for [[Association of Trial Lawyers of America|lawyers]], [[International Brotherhood of Electrical Workers|electricians]], and [[National Association of Realtors|real estate brokers]].<ref name=tws02oct204>{{cite news| author = Thomas Frank| title = Beer PAC aims to put Congress under influence| newspaper = USA TODAY| date = October 29, 2006| url = https://www.usatoday.com/news/washington/2006-10-29-beer-lobby_x.htm| access-date = October 2, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214429/https://usatoday30.usatoday.com/news/washington/2006-10-29-beer-lobby_x.htm| url-status = live}}</ref> From 2007 to 2008, 175 members of Congress received "half or more of their campaign cash" from PACs.<ref name="tws02oct209"/><ref name=tws02oct211>{{cite news| author1 = Michael Isikoff| author2 = Dina Fine Maron| name-list-style = amp| title = Congress – Follow the Bailout Cash| newspaper = Newsweek| date = March 21, 2009| url = http://www.newsweek.com/id/190363| access-date = October 2, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214528/https://www.newsweek.com/tarp-funds-get-recycled-political-contributions-75963| url-status = live}}</ref><ref name=tws02oct219>{{cite news| author = Richard L. Berke| title = Campaign Finance; Problems in the PAC's: Study Finds Frustration| newspaper = The New York Times| date = February 14, 1988| url = https://www.nytimes.com/1988/02/14/us/campaign-finance-problems-in-the-pac-s-study-finds-frustration.html| access-date = October 2, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214346/https://www.nytimes.com/1988/02/14/us/campaign-finance-problems-in-the-pac-s-study-finds-frustration.html| url-status = live}}</ref>

From 1970 to 2009, the House expanded delegates, along with their powers and privileges representing U.S. citizens in non-state areas, beginning with representation on committees for [[Resident Commissioner of Puerto Rico|Puerto Rico's resident commissioner]] in 1970. In 1971, a delegate for the District of Columbia was authorized, and in 1972 new delegate positions were established for [[United States Virgin Islands's at-large congressional district|U.S. Virgin Islands]] and [[Guam's at-large congressional district|Guam]]. In 1978, an additional delegate for [[American Samoa's at-large congressional district|American Samoa]] were added.

In the late 20th century, the media became more important in Congress's work.<ref name=tws2010Sep11t14dd1>{{cite news |editor= Julian E. Zelizer |author= Michael Schudson |title= The American Congress: The Building of Democracy |publisher= Houghton Mifflin Company |year= 2004 |isbn= 0-618-17906-2 |url= https://books.google.com/books?id=_MGEIIwT5pUC&q=Zelizer+Julian+2004+American+Congress+The+Building+of+Democracy |access-date= September 11, 2010 |archive-date= October 19, 2017 |archive-url= https://web.archive.org/web/20171019131704/https://books.google.com/books?id=_MGEIIwT5pUC |url-status= live }}</ref> Analyst [[Michael Schudson]] suggested that greater publicity undermined the power of political parties and caused "more roads to open up in Congress for individual representatives to influence decisions".<ref name=tws2010Sep11t14dd1 /> [[Norman Ornstein]] suggested that media prominence led to a greater emphasis on the negative and sensational side of Congress, and referred to this as the ''[[tabloidization]]'' of media coverage.<ref name=tws2010Sep11t14cc/> Others saw pressure to squeeze a political position into a thirty-second soundbite.<ref name=tws2010Sep11t14cc54>{{cite news |author1= Steven S. Smith |author2= Jason M. Roberts |author3= Ryan J. Vander Wielen |title= The American Congress (Fourth Edition) |publisher= Cambridge University Press |page= 12 |year= 2006 |isbn= 9781139446990 |url= https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214429/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status= live }}</ref> A report characterized Congress in 2013 as unproductive, gridlocked, and "setting records for futility".<ref>Mark Murray, NBC News, June 30, 2013, [http://firstread.nbcnews.com/_news/2013/06/30/19206400-unproductive-congress-how-stalemates-became-the-norm-in-washington-dc?lite Unproductive Congress: How stalemates became the norm in Washington DC] {{Webarchive|url=https://web.archive.org/web/20210114214346/https://www.nbcnews.com/meet-the-press?lite |date=January 14, 2021 }}. Retrieved June 30, 2013</ref> In October 2013, with Congress unable to compromise, the government was shut down for several weeks and risked a serious default on debt payments, causing 60% of the public to say they would "fire every member of Congress" including their own representative.<ref name=NBCNews1>Domenico Montanaro, NBC News, October 10, 2013, [http://firstread.nbcnews.com/_news/2013/10/10/20903531-nbcwsj-poll-60-percent-say-fire-every-member-of-congress?lite NBC/WSJ poll: 60 percent say fire every member of Congress] {{Webarchive|url=https://web.archive.org/web/20210114214447/https://www.nbcnews.com/meet-the-press?lite |date=January 14, 2021 }}. Retrieved October 10, 2013, "...{{spaces}}60 percent of Americans{{spaces}}... if they had the chance to vote to defeat and replace every single member of Congress{{spaces}}... they would{{spaces}}..."</ref> One report suggested Congress posed the "biggest risk to the U.S. economy" because of its [[Brinkmanship|brinksmanship]], "down-to-the-wire budget and debt crises" and "indiscriminate spending cuts", resulting in slowed economic activity and keeping up to two million people unemployed.<ref>Andy Sullivan of Reuters, NBC News, October 17, 2013, [https://commons.wikimedia.org/w/index.php?title=Special:ListFiles/Tomwsulcer&ilshowall=1 Washington: the biggest risk to U.S. economy] {{Webarchive|url=https://web.archive.org/web/20210114214352/https://commons.wikimedia.org/w/index.php?title=Special%3AListFiles%2FTomwsulcer&ilshowall=1 |date=January 14, 2021 }}. Retrieved October 18, 2013, "...{{spaces}}the biggest risk to the world's largest economy may be its own elected representatives{{spaces}}... Down-to-the-wire budget and debt crises, indiscriminate spending cuts and a 16-day government shutdown{{spaces}}..."</ref> There has been increasing public dissatisfaction with Congress,<ref>Domenico Montanaro, NBC News, October 10, 2013, [http://firstread.nbcnews.com/_news/2013/10/10/20903531-nbcwsj-poll-60-percent-say-fire-every-member-of-congress?lite NBC/WSJ poll: 60 percent say fire every member of Congress] {{Webarchive|url=https://web.archive.org/web/20210114214353/https://www.nbcnews.com/meet-the-press?lite |date=January 14, 2021 }}. Retrieved October 10, 2013, "...{{spaces}}60 percent of Americans{{spaces}}... saying if they had the chance to vote to defeat and replace every single member of Congress, including their own representative, they would{{spaces}}..."</ref> with extremely low approval ratings<ref name="blogs.wsj.com">Wall Street Journal, [https://blogs.wsj.com/washwire/2012/08/21/approval-of-congress-matches-all-time-low/ Approval of Congress Matches All-Time Low] {{Webarchive|url=https://web.archive.org/web/20210114214433/https://blogs.wsj.com/washwire/2012/08/21/approval-of-congress-matches-all-time-low/ |date=January 14, 2021 }}. Retrieved June 13, 2013</ref><ref name="firstread.nbcnews.com">Carrie Dann, NBC News, [http://firstread.nbcnews.com/_news/2013/06/13/18940080-poll-americans-faith-in-congress-lower-than-all-major-institutions-ever?litePoll: Americans' faith in Congress lower than all major institutions{{snd}}ever] {{Webarchive|url=https://web.archive.org/web/20210114214356/https://www.nbcnews.com/meet-the-press?litePoll: |date=January 14, 2021 }}. Retrieved June 13, 2013</ref> which dropped to 5% in October 2013.<ref name=voa5congress/>

===21st century===
In 2009, Congress authorized another delegate for the [[United States congressional delegations from the Northern Mariana Islands|Northern Mariana Islands]]. These six members of Congress enjoy [[Floor privileges of the united states senate|floor privileges]] to introduce bills and resolutions, and in recent Congresses they vote in permanent and select committees, in party caucuses and in joint conferences with the Senate. They have Capitol Hill offices, staff and two annual appointments to each of the four military academies. While their votes are constitutional when Congress authorizes their House [[Committee of the Whole (United States House of Representatives)|Committee of the Whole]] votes, recent Congresses have not allowed for that, and they cannot vote when the House is meeting as the House of Representatives.<ref>Palmer, Betsy. [https://fpc.state.gov/documents/organization/155017.pdf Delegates to the U.S. Congress: history and current status] {{Webarchive|url=https://web.archive.org/web/20210114214319/https://fpc.state.gov/bureaus-offices/under-secretary-for-public-diplomacy-and-public-affairs/bureau-of-global-public-affairs/foreign-press-centers/ |date=January 14, 2021 }}, Congressional Research Service; U.S. House of Representatives, "[http://www.house.gov/content/learn/ The House Explained] {{Webarchive|url=https://web.archive.org/web/20171111025616/https://www.house.gov/content/learn/ |date=November 11, 2017 }}", viewed January 9, 2015.</ref>

On January 6, 2021, the Congress gathered to confirm the election of Joe Biden, when supporters of the outgoing president Donald Trump [[January 6 United States Capitol attack|attacked the building]]. The session of Congress ended prematurely, and Congress representatives evacuated. [[Donald Trump|Trump]] supporters occupied Congress until D.C police evacuated the area. The event was the first time since the [[Burning of Washington]] by the British during the [[War of 1812]] that the United States Congress was forcefully occupied.<ref>{{cite web|title=The US Capitol has been stormed before – when British troops burned Washington in 1814|url=https://theconversation.com/the-us-capitol-has-been-stormed-before-when-british-troops-burned-washington-in-1814-152843|last=Ward|first=Matthew|publisher=The Conversation|date=January 8, 2021|access-date=March 15, 2021|archive-date=April 7, 2021|archive-url=https://web.archive.org/web/20210407130742/https://theconversation.com/the-us-capitol-has-been-stormed-before-when-british-troops-burned-washington-in-1814-152843|url-status=live}}</ref>

==Women in Congress==
Various social and structural barriers have prevented women from gaining seats in Congress. In the early 20th century, [[cult of domesticity|women's domestic roles]] and the [[Disfranchisement|inability to vote]] forestalled opportunities to run for and hold public office. The two party system and the lack of term limits favored incumbent white men, making the [[widow's succession]] – in which a woman temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women.{{sfn|Sanbonmatsu|2020|p=42-43}}

Women candidates began making substantial inroads in the later 20th century, due in part to new political support mechanisms and public awareness of their underrepresentation in Congress. {{sfn|Sanbonmatsu|2020|p=45}} Recruitment and [[Campaign finance|financial support]] for women candidates were rare until the [[second-wave feminism|second-wave feminism movement]], when [[Activism|activists]] moved into electoral politics. Beginning in the 1970s, donors and [[Political action committee|political action committees]] like [[Emily’s List|EMILY's List]] began recruiting, training and funding women candidates. Watershed political moments like the [[Clarence Thomas Supreme Court nomination|confirmation of Clarence Thomas]] and the [[2016 United States presidential election|2016 presidential election]] created momentum for women candidates, resulting in the [[Year of the Woman]] and the election of members of [[The Squad (United States Congress)|The Squad]], respectively.<ref>{{Cite web |first1=Rachel |last1=Vogelstein |first2=Alexandra |last2=Bro |date=2018-11-09 |title=The 'Year of the Woman' goes global |url=https://www.cnn.com/2018/11/09/opinions/year-of-woman-goes-global-bro-vogelstein/index.html |access-date=2024-05-17 |website=CNN |language=en}}</ref><ref>{{Cite web |last=Sullivan |first=Kate |date=2019-07-16 |title=Here are the 4 congresswomen known as 'The Squad' targeted by Trump's racist tweets |url=https://www.cnn.com/2019/07/15/politics/who-are-the-squad/index.html |access-date=2024-05-17 |website=CNN Politics |language=en}}</ref>

Women of color faced additional challenges that made their ascension to Congress even more difficult. [[Jim Crow laws]], [[voter suppression in the United States|voter suppression]] and other forms of structural racism made it virtually impossible for women of color to reach Congress prior to 1965. The passage of the [[Voting Rights Act of 1965|Voting Rights Act that year]], and the elimination of race-based immigration laws in the 1960s opened the possibility for Black, Asian American, Latina and other non-white women candidates to run for Congress.{{sfn|Sanbonmatsu|2020|p=44-45}}

Racially polarized voting, racial stereotypes and lack of institutional support still prevent women of color from reaching Congress as easily as [[white people]]. Senate elections, which require victories in statewide electorates, have been particularly difficult for women of color.{{sfn|Sanbonmatsu|2020|p=42}} [[Carol Moseley Braun]] became the first woman of color to reach the Senate in 1993. The second, [[Mazie Hirono]], won in 2013.

In 2021, [[Kamala Harris]] became the first female [[President of the Senate]], which came with her role as the first female [[Vice President of the United States]].

==Role==
===Powers===
{{Main|Powers of the United States Congress}}

====Overview====
[[File:USCurrency Federal Reserve.jpg|thumb|alt=$100,000-dollar bill.|Congress's [[power of the purse]], which authorizes it to tax citizens, spend money, and print currency]]
[[File:USS Bon Homme Richard (CVA-31) underway in the Gulf of Tonkin on 2 November 1964.jpg|thumb| alt=Aircraft carrier at sea.|Congress authorizes defense spending, such as the purchase of the [[USS Bon Homme Richard (CV-31)|USS ''Bon Homme Richard'' (CV-31)]]]]
[[File:ThompsonWatergate.jpg|thumb|alt=Seated suits behind a microphone.|The [[Senate Watergate Committee]], investigating President [[Richard Nixon|Nixon]] and the [[Watergate scandal]] from 1973 to 1974]]
[[Article One of the United States Constitution|Article One of the Constitution]] creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress.<ref>{{cite book|last1=Epps|first1=Garrett|title=American Epic: Reading the U.S. Constitution |url=https://books.google.com/books?id=af8TDAAAQBAJ&pg=PA9 |date=2013|publisher=Oxford|location=New York|isbn=978-0-19-938971-1|page=9}}</ref> [[Constitutional amendment]]s have granted Congress additional powers. Congress also has [[implied powers]] derived from the Constitution's [[Necessary and Proper Clause]].

Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress's power to manage the budget has been lost when the welfare state expanded since "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm."<ref name=tws2010Sep11t14dd2>{{cite news | author= Eric Patashnik | title= The American Congress: The Building of Democracy | publisher= Houghton Mifflin Company | pages= 671–2 | year= 2004 | isbn= 0-618-17906-2 | url= https://books.google.com/books?id=_MGEIIwT5pUC&q=Zelizer+Julian+2004+American+Congress+The+Building+of+Democracy | access-date= September 11, 2010 | archive-date= October 19, 2017 | archive-url= https://web.archive.org/web/20171019131704/https://books.google.com/books?id=_MGEIIwT5pUC | url-status= live }}</ref> Another factor leading to less control over the budget was a [[Keynesian economics|Keynesian]] belief that balanced budgets were unnecessary.<ref name=tws2010Sep11t14dd2/>

The [[Sixteenth Amendment to the United States Constitution|Sixteenth Amendment]] in 1913 extended congressional power of taxation to include [[income tax]]es without apportionment among the several States, and without regard to any census or enumeration.<ref name="davidson-p18">Davidson (2006), p. 18</ref> The Constitution also grants Congress the exclusive power to appropriate funds, and this ''[[power of the purse]]'' is one of Congress's primary [[Separation of powers under the United States Constitution#Checks and balances|checks]] on the executive branch.<ref name="davidson-p18"/> Congress can borrow money on the credit of the United States, [[Commerce Clause|regulate commerce]] with foreign nations and among the states, and coin money.<ref name=tws2010Sep11t9>{{cite news | title= Congress and the Dollar | newspaper= New York Sun | date= May 30, 2008 | url= http://www.nysun.com/editorials/congress-and-the-dollar/78978/ | access-date= September 11, 2010 | archive-date= August 1, 2020 | archive-url= https://web.archive.org/web/20200801071404/https://www.nysun.com/editorials/congress-and-the-dollar/78978/ | url-status= live }}</ref> Generally, the Senate and the House of Representatives have equal legislative authority, although only the House may originate revenue and [[Appropriations bill (United States)|appropriation bills]].<ref name=tws2010Sep11bb/>

Congress has an important role in [[defense (military)|national defense]], including the exclusive power to declare war, to raise and maintain the [[Military of the United States|armed forces]], and to make rules for the military.<ref name=tws2010Sep11t10>{{cite news | author= Kate Zernike | title= Senate Passes Detainee Bill Sought by Bush | newspaper= The New York Times | date= September 28, 2006 | url= https://www.nytimes.com/2006/09/28/washington/29detaincnd.html | access-date= September 11, 2010 | archive-date= January 3, 2020 | archive-url= https://web.archive.org/web/20200103000202/https://www.nytimes.com/2006/09/28/washington/29detaincnd.html | url-status= live }}</ref> Some critics charge that the [[executive branch]] has usurped Congress's constitutionally defined task of declaring war.<ref name=DCMacnutsSuperCoolTool02>{{cite news | title=References about congressional war declaring power}}
*{{cite news| author=Dana D. Nelson| title=The 'unitary executive' question| newspaper=Los Angeles Times| date=October 11, 2008| url=https://latimes.com/news/opinion/la-oe-nelson11-2008oct11,0,224216.story| access-date=October 4, 2009| archive-date=January 14, 2021| archive-url=https://web.archive.org/web/20210114214433/https://www.latimes.com/opinion/la-oe-nelson11-2008oct11-story.html| url-status=live}}
*{{cite news| author=Steve Holland| title=Obama revelling in U.S. power unseen in decades| agency=Reuters UK| date=May 1, 2009| url=http://uk.reuters.com/article/idUKTRE5406CF20090501| access-date=September 28, 2009| archive-date=January 3, 2011| archive-url=https://web.archive.org/web/20110103100212/http://uk.reuters.com/article/idUKTRE5406CF20090501| url-status=dead}}
*{{cite news| title=The Law: The President's War Powers| newspaper=Time| date=June 1, 1970| url=http://www.time.com/time/magazine/article/0,9171,878290,00.html| access-date=September 28, 2009| archive-date=August 22, 2013| archive-url=https://web.archive.org/web/20130822171512/http://www.time.com/time/magazine/article/0,9171,878290,00.html| url-status=dead}}</ref> While historically presidents initiated the process for going to war, they asked for and received formal war declarations from Congress for the [[War of 1812]], the [[Mexican–American War]], the [[Spanish–American War]], World War I, and [[World War II]],<ref name=tws28sep07>{{cite news| title=The Law: The President's War Powers| newspaper=Time| date=June 1, 1970| url=http://www.time.com/time/magazine/article/0,9171,878290,00.html| access-date=September 28, 2009| archive-date=August 22, 2013| archive-url=https://web.archive.org/web/20130822171512/http://www.time.com/time/magazine/article/0,9171,878290,00.html| url-status=dead}}</ref> although President Theodore Roosevelt's military move into Panama in 1903 did not get congressional approval.<ref name="tws28sep07"/> In the early days after the [[Korean War|North Korean invasion of 1950]], President [[Harry S. Truman|Truman]] described the American response as a "police action".<ref>{{cite web | url=http://teachingamericanhistory.org/library/index.asp?document=594 | title=The President's News Conference of June 29, 1950 | publisher=Teachingamericanhistory.org | date=June 29, 1950 | access-date=December 20, 2010 | archive-date=December 26, 2010 | archive-url=https://web.archive.org/web/20101226063925/http://teachingamericanhistory.org/library/index.asp?document=594 | url-status=dead }}</ref> According to ''[[Time (magazine)|Time]]'' magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times."<ref name="tws28sep07"/> In 1993, [[Michael Kinsley]] wrote that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," and that the "real erosion [of Congress's war power] began after World War{{spaces}}II."<ref name=tws28sep14>{{cite news| author=Michael Kinsley| title=The Case for a Big Power Swap| newspaper=Time| date=March 15, 1993| url=http://www.time.com/time/magazine/article/0,9171,977990,00.html| access-date=September 28, 2009| archive-date=August 13, 2013| archive-url=https://web.archive.org/web/20130813070158/http://www.time.com/time/magazine/article/0,9171,977990,00.html| url-status=dead}}</ref><ref name=tws28sep09>{{cite news| title=Time Essay: Where's Congress?| newspaper=Time| date=May 22, 1972| url=http://www.time.com/time/magazine/article/0,9171,879072-1,00.html| access-date=September 28, 2009| archive-date=May 21, 2013| archive-url=https://web.archive.org/web/20130521074302/http://www.time.com/time/magazine/article/0,9171,879072-1,00.html| url-status=dead}}</ref><ref name=tws2010Sep11uu>{{cite news | title= The Law: The President's War Powers | newspaper= Time | date= June 1, 1970 | url= http://www.time.com/time/magazine/article/0,9171,878290,00.html | access-date= September 11, 2010 | archive-date= August 22, 2013 | archive-url= https://web.archive.org/web/20130822171512/http://www.time.com/time/magazine/article/0,9171,878290,00.html | url-status= dead }}</ref> Disagreement about the extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history.<ref name=tws2010Sep11t5>{{cite news | title= The proceedings of congress.; senate. | newspaper= The New York Times | date= June 28, 1862 | url= https://query.nytimes.com/gst/abstract.html?res=FA0C12FC345B1B7493CAAB178DD85F468684F9 | archive-url= https://wayback.archive-it.org/all/20171010131908/http://www.nytimes.com/1862/06/28/news/the-proceedings-of-congress-senate.html |url-status = dead| archive-date= October 10, 2017 | access-date= September 11, 2010 }}</ref>

Congress can establish post offices and post roads, issue patents and [[copyright]]s, fix standards of weights and measures, establish [[Inferior courts of the United States|Courts inferior to the Supreme Court]], and "make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof". [[Article Four of the United States Constitution|Article Four]] gives Congress the power to admit new states into the Union.

One of Congress's foremost non-legislative functions is the power to [[Congressional investigation|investigate]] and oversee the executive branch.<ref name=tws2010Sep11t11>{{cite news | author= David S. Broder | title= Congress's Oversight Offensive | newspaper= The Washington Post | date= March 18, 2007 | url= https://www.washingtonpost.com/wp-dyn/content/article/2007/03/16/AR2007031601989.html | access-date= September 11, 2010 | archive-date= May 1, 2011 | archive-url= https://web.archive.org/web/20110501115602/http://www.washingtonpost.com/wp-dyn/content/article/2007/03/16/AR2007031601989.html | url-status= live }}</ref> [[Congressional oversight]] is usually delegated to [[United States congressional committee|committees]] and is facilitated by Congress's subpoena power.<ref name=tws2010Sep11t13>{{cite news | author= Thomas Ferraro | title= House committee subpoenas Rice on Iraq | work= Reuters | date= April 25, 2007 | url= https://www.reuters.com/article/idUSN2518728220070425 | access-date= September 11, 2010 | archive-date= January 14, 2021 | archive-url= https://web.archive.org/web/20210114214442/https://www.reuters.com/article/idUSN2518728220070425 | url-status= live }}</ref> Some critics have charged that Congress has in some instances failed to do an adequate job of [[Congressional oversight|overseeing]] the other branches of government. In the [[Plame affair]], critics including Representative [[Henry A. Waxman]] charged that Congress was not doing an adequate job of oversight in this case.<ref name=tws04oct10>{{cite news|author=James Gerstenzang |title=Bush claims executive privilege in Valerie Plame Wilson case |newspaper=Los Angeles Times |date=July 16, 2008 |url=http://latimesblogs.latimes.com/presidentbush/2008/07/cheney-plame-ag.html |access-date=October 4, 2009 |url-status = dead|archive-url=https://web.archive.org/web/20080801095524/http://latimesblogs.latimes.com/presidentbush/2008/07/cheney-plame-ag.html |archive-date=August 1, 2008 }}</ref> There have been concerns about congressional oversight of executive actions such as [[warrantless wiretapping]], although others respond that Congress did investigate the legality of presidential decisions.<ref name=tws28sep10>{{cite news | author=Elizabeth B. Bazan and Jennifer K. Elsea, legislative attorneys | title=Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence Information | publisher=Congressional Research Service | date=January 5, 2006 | url=https://www.washingtonpost.com/wp-srv/nation/specials/angler/crsreview-2006.pdf | access-date=September 28, 2009 | archive-date=February 5, 2012 | archive-url=https://web.archive.org/web/20120205042154/http://www.washingtonpost.com/wp-srv/nation/specials/angler/crsreview-2006.pdf | url-status=live }}</ref> Political scientists Ornstein and Mann suggested that oversight functions do not help members of Congress win reelection. Congress also has the exclusive [[Federal impeachment in the United States|power of removal]], allowing impeachment and removal of the president, federal judges and other federal officers.<ref name=tws2010Sep11t12>{{cite news | author1= Linda P. Campbell | author2= Glen Elsasser | name-list-style= amp | title= Supreme Court Slugfests A Tradition | newspaper= Chicago Tribune | date= October 20, 1991 | url= https://www.chicagotribune.com/1991/10/20/supreme-court-slugfests-a-tradition/ | access-date= September 11, 2010 | archive-date= April 29, 2011 | archive-url= https://web.archive.org/web/20110429192843/http://articles.chicagotribune.com/1991-10-20/news/9104040635_1_senate-judiciary-committee-first-high-court-nominee-confirmation/2 | url-status= live }}</ref> There have been charges that presidents acting under the doctrine of the [[unitary executive]] have assumed important legislative and budgetary powers that should belong to Congress.<ref name=tws28sep08>{{cite news | author=Eric Cantor | title=Obama's 32 Czars | newspaper=The Washington Post | date=July 30, 2009 | url=https://www.washingtonpost.com/wp-dyn/content/article/2009/07/29/AR2009072902624.html | access-date=September 28, 2009 | archive-date=August 31, 2010 | archive-url=https://web.archive.org/web/20100831202255/http://www.washingtonpost.com/wp-dyn/content/article/2009/07/29/AR2009072902624.html | url-status=live }}</ref> So-called [[signing statements]] are one way in which a president can "tip the balance of power between Congress and the White House a little more in favor of the executive branch", according to one account.<ref name=tws04oct01>{{cite news | author=Christopher Lee | title=Alito Once Made Case For Presidential Power | newspaper=The Washington Post | date=January 2, 2006 | url=https://www.washingtonpost.com/wp-dyn/content/article/2006/01/01/AR2006010100788.html | access-date=October 4, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214425/https://www.washingtonpost.com/wp-dyn/content/article/2006/01/01/AR2006010100788.html | url-status=live }}</ref> Past presidents, including [[Ronald Reagan]], [[George H. W. Bush]], [[Bill Clinton]], and [[George W. Bush]],<ref name=tws04oct02>{{cite news | author=Dan Froomkin | title=Playing by the Rules | newspaper=The Washington Post | date=March 10, 2009 | url=http://voices.washingtonpost.com/white-house-watch/bush-rollback/playing-by-the-rules.html | access-date=October 4, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214428/http://voices.washingtonpost.com/white-house-watch/bush-rollback/playing-by-the-rules.html | url-status=dead }}</ref> have made public statements when signing congressional legislation about how they understand a bill or plan to execute it, and commentators, including the [[American Bar Association]], have described this practice as against the spirit of the Constitution.<ref name=tws04oct08>{{cite news | author=Dana D. Nelson | title=The 'unitary executive' question | newspaper=Los Angeles Times | date=October 11, 2008 | url=https://latimes.com/news/opinion/la-oe-nelson11-2008oct11,0,224216.story | access-date=October 4, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214451/https://www.latimes.com/opinion/la-oe-nelson11-2008oct11-story.html | url-status=live }}</ref><ref name=tws04oct05>{{cite news | author=Charlie Savage | title=Obama Undercuts Whistle-Blowers, Senator Says | newspaper=The New York Times | date=March 16, 2009 | url=https://www.nytimes.com/2009/03/17/us/politics/17signing.html | access-date=October 4, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214415/https://www.nytimes.com/2009/03/17/us/politics/17signing.html | url-status=live }}</ref> There have been concerns that presidential authority to cope with financial crises is eclipsing the power of Congress.<ref name=tws28sep13>{{cite news | author1=Binyamin Appelbaum | author2=David Cho | name-list-style=amp | title=U.S. Seeks Expanded Power to Seize Firms Goal Is to Limit Risk to Broader Economy | newspaper=The Washington Post | date=March 24, 2009 | url=https://www.washingtonpost.com/wp-dyn/content/article/2009/03/23/AR2009032302830.html | access-date=September 28, 2009 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214525/https://www.washingtonpost.com/wp-dyn/content/article/2009/03/23/AR2009032302830.html | url-status=live }}</ref> In 2008, [[George F. Will]] called the Capitol building a "tomb for the antiquated idea that the legislative branch matters".<ref name=tws28sep>{{cite news | author=George F. Will – op-ed columnist | title=Making Congress Moot | newspaper=The Washington Post | date=December 21, 2008 | url=https://www.washingtonpost.com/wp-dyn/content/article/2008/12/19/AR2008121902929.html | access-date=September 28, 2009 | archive-date=May 1, 2011 | archive-url=https://web.archive.org/web/20110501115643/http://www.washingtonpost.com/wp-dyn/content/article/2008/12/19/AR2008121902929.html | url-status=live }}</ref>

====Enumeration====
The Constitution enumerates the powers of Congress in detail. In addition, other congressional powers have been granted, or confirmed, by constitutional amendments. The [[Thirteenth Amendment to the United States Constitution|Thirteenth]] (1865), [[Fourteenth Amendment to the United States Constitution|Fourteenth]] (1868), and [[Fifteenth Amendment to the United States Constitution|Fifteenth Amendments]] (1870) gave Congress authority to enact legislation to enforce rights of African Americans, including [[voting rights]], [[due process]], and [[equal protection]] under the law.<ref name="davidson-p19">Davidson (2006), p. 19</ref> Generally militia forces are controlled by state governments, not Congress.<ref name="tws2010Sep11ww">{{cite news|author=Kincaid|first=J. Leslie|author-link=J. Leslie Kincaid|date=January 17, 1916|title=To Make the Militia a National Force: The Power of Congress Under the Constitution "for Organizing, Arming, and Disciplining" the State Troops.|newspaper=The New York Times|url=https://query.nytimes.com/gst/abstract.html?res=F40C14FB355C13738DDDAE0994D9405B868DF1D3|url-status=live|access-date=September 11, 2010|archive-url=https://web.archive.org/web/20110430043641/http://query.nytimes.com/gst/abstract.html?res=F40C14FB355C13738DDDAE0994D9405B868DF1D3|archive-date=April 30, 2011}}</ref>

====Implicit, commerce clause====
Congress also has [[implied powers]] deriving from the Constitution's [[Necessary and Proper Clause]] which permit Congress to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof".<ref name=tws2010Sep11t14xx>{{cite news |author= Stephen Herrington |title= Red State Anxiety and The Constitution |newspaper= The Huffington Post |date= February 25, 2010 |url= https://huffingtonpost.com/stephen-herrington/red-state-anxiety-and-the_b_476050.html |access-date= September 11, 2010 |archive-date= July 2, 2010 |archive-url= https://web.archive.org/web/20100702193559/http://www.huffingtonpost.com/stephen-herrington/red-state-anxiety-and-the_b_476050.html |url-status= live }}</ref> Broad interpretations of this clause and of the [[Commerce Clause]], the enumerated power to regulate commerce, in rulings such as [[McCulloch v Maryland|''McCulloch v. Maryland'']], have effectively widened the scope of Congress's legislative authority far beyond that prescribed in Section Eight.<ref name=tws2010Sep11t14yy>{{cite news |title= Timeline |publisher= CBS News |year= 2010 |url= http://www.cbsnews.com/htdocs/supreme_court_interactive/framesource_timeline.html |access-date= September 11, 2010 |archive-date= May 1, 2011 |archive-url= https://web.archive.org/web/20110501060936/http://www.cbsnews.com/htdocs/supreme_court_interactive/framesource_timeline.html |url-status= live }}</ref><ref name=tws2010Sep11vv>{{cite news |author= Randy E. Barnett |title= The Case for a Federalism Amendment |newspaper= The Wall Street Journal |date= April 23, 2009 |url= https://www.wsj.com/articles/SB124044199838345461 |access-date= September 11, 2010 |archive-date= July 2, 2015 |archive-url= https://web.archive.org/web/20150702085854/http://www.wsj.com/articles/SB124044199838345461 |url-status= live }}</ref>

====Territorial government====
{{main|Territories of the United States|Non-voting members of the United States House of Representatives}}

Constitutional responsibility for the oversight of [[Washington, D.C.]], the federal district and national capital, and the U.S. territories of [[Guam]], [[American Samoa]], [[Puerto Rico]], the [[U.S. Virgin Islands]], and the [[Northern Mariana Islands]] rests with Congress.<ref>[https://web.archive.org/web/20120113132945/http://www.state.gov/documents/organization/155653.pdf Executive Order 13423] Sec. 9. (l). "The 'United States' when used in a geographical sense, means the fifty states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands, and associated territorial waters and airspace."</ref> The republican form of government in territories is devolved by congressional statute to the respective territories including direct election of governors, the D.C. mayor and locally elective territorial legislatures.<ref>U.S. State Department, [https://2009-2017.state.gov/s/inr/rls/10543.htm Dependencies and Areas of Special Sovereignty] {{Webarchive|url=https://web.archive.org/web/20220621161149/https://2009-2017.state.gov/s/inr/rls/10543.htm |date=June 21, 2022 }}</ref>

Each territory and Washington, D.C., elects a non-voting delegate to the U.S. House of Representatives as they have throughout congressional history. They "possess the same powers as other members of the House, except that they may not vote when the House is meeting as the House of Representatives". They are assigned offices and allowances for staff, participate in debate, and appoint constituents to the four military service academies for the Army, Navy, Air Force and Coast Guard.<ref name="House Learn">[http://www.house.gov/content/learn/ House Learn] {{Webarchive|url=https://web.archive.org/web/20171111025616/https://www.house.gov/content/learn/ |date=November 11, 2017 }} webpage. Viewed January 26, 2013.</ref>

Washington, D.C., citizens alone among U.S. territories have the right to directly vote for the President of the United States, although the Democratic and Republican political parties nominate their presidential candidates at national conventions which include delegates from the five major territories.<ref>The Green Papers, [http://www.thegreenpapers.com/P16/events.phtml?s=c&f=m 2016 Presidential primaries, caucuses and conventions] {{Webarchive|url=https://web.archive.org/web/20210114214401/http://www.thegreenpapers.com/P16/events.phtml?s=c&f=m |date=January 14, 2021 }}, viewed September 3, 2015.</ref>

===Checks and balances===
{{Main|U.S. Congress in relation to the president and Supreme Court}}
[[File:United States Capitol seen from the United States Supreme Court, Washington, DC - 20080326.jpg|thumb|The [[United States Capitol]] seen from the [[United States Supreme Court building]]]]
[[File:Senate in session.jpg|thumb|The [[Impeachment trial of Bill Clinton|impeachment trial of President Clinton]] in 1999, presided over by [[William H. Rehnquist|Chief Justice William Rehnquist]]]]
Representative [[Lee H. Hamilton]] explained how Congress functions within the federal government:

<blockquote>To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each other{{snd}}balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights{{spaces}}... No one part of government dominates the other.<ref name=tws2010Sep11t14aa/>{{rp|6}}</blockquote>

The Constitution provides [[Separation of powers under the United States Constitution|checks and balances]] among the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.<ref name=tws2010Sep11t14aa>{{cite book |author= Lee H. Hamilton |title= How Congress works and why you should care |publisher= Indiana University Press |year= 2004 |isbn= 0-253-34425-5 |url= https://books.google.com/books?id=bmFSp3b8J_oC&q=How+Congress+Works+and+Why+You+Should+Care |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214417/https://books.google.com/books?id=bmFSp3b8J_oC&q=How+Congress+Works+and+Why+You+Should+Care |url-status= live }}</ref><ref>"The very structure of the Constitution gives us profound insights about what the founders thought was important{{spaces}}... the Founders thought that the Legislative Branch was going to be the great branch of government." —Hon. [[John Charles Thomas (jurist)|John Charles Thomas]] [http://www.opm.gov/constitution_initiative/speech.asp] {{Webarchive|url=https://web.archive.org/web/20071014122957/http://opm.gov/constitution_initiative/speech.asp|date=October 14, 2007}}</ref>

The influence of Congress on the presidency has varied from period to period depending on factors such as congressional leadership, presidential political influence, historical circumstances such as war, and individual initiative by members of Congress. [[Impeachment of Andrew Johnson|The impeachment]] of [[Andrew Johnson]] made the presidency less powerful than Congress for a considerable period afterwards.<ref name="Sachs-NYT-1999-01-07">{{cite news |author= Susan Sachs |title= Impeachment: The Past; Johnson's Trial: 2 Bitter Months for a Still-Torn Nation |newspaper= The New York Times |date= January 7, 1999 |url= https://www.nytimes.com/1999/01/07/us/impeachment-the-past-johnson-s-trial-2-bitter-months-for-a-still-torn-nation.html |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214435/https://www.nytimes.com/1999/01/07/us/impeachment-the-past-johnson-s-trial-2-bitter-months-for-a-still-torn-nation.html |url-status= live }}</ref> The 20th and 21st centuries have seen the rise of presidential power under politicians such as Theodore Roosevelt, [[Woodrow Wilson]], [[Franklin D. Roosevelt]], [[Richard Nixon]], [[Ronald Reagan]], and [[George W. Bush]].<ref name="kingwh">{{cite news | first=Richard | last=Greene | title=Kings in the White House | date=January 19, 2005 | work=BBC News | url=http://news.bbc.co.uk/2/hi/americas/4181799.stm | access-date=October 7, 2007 | archive-date=January 14, 2021 | archive-url=https://web.archive.org/web/20210114214403/http://news.bbc.co.uk/2/hi/americas/4181799.stm | url-status=live }}</ref> Congress restricted presidential power with laws such as the [[Congressional Budget and Impoundment Control Act of 1974]] and the [[War Powers Resolution]]. The presidency remains considerably more powerful today than during the 19th century.<ref name=tws2010Sep11t14aa/><ref name="kingwh"/> Executive branch officials are often loath to reveal sensitive information to members of Congress because of concern that information could not be kept secret; in return, knowing they may be in the dark about executive branch activity, congressional officials are more likely to distrust their counterparts in executive agencies.<ref name=tws2010Sep11922jm14>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |pages=18–19 |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214403/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref> Many government actions require fast coordinated effort by many agencies, and this is a task that Congress is ill-suited for. Congress is slow, open, divided, and not well matched to handle more rapid executive action or do a good job of overseeing such activity, according to one analysis.<ref name=tws2010Sep11jhgv>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |page=19 |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214427/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref>

The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to [[Federal impeachment in the United States|impeach]] executive or judicial officials for "Treason, Bribery, or other high Crimes and Misdemeanors". Impeachment is a formal accusation of unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the [[defendant]] be banned from holding office in the future. Impeachment proceedings may not inflict more than this. A convicted party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. Another resigned before the Senate could complete the trial. Only three presidents have ever been impeached: [[Andrew Johnson]] in 1868, [[Bill Clinton]] in 1999, [[Donald Trump]] in 2019 and 2021. The [[trial (law)|trials]] of Johnson, Clinton, and the 2019 trial of Trump all ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for [[conviction (law)|conviction]]. In 1974, [[Richard Nixon]] resigned from office after [[Impeachment process against Richard Nixon|impeachment proceedings]] in the [[House Judiciary Committee]] indicated his removal from office.

The Senate has an important check on the executive power by confirming [[Cabinet of the United States|Cabinet]] officials, judges, and other high officers "by and with the Advice and Consent of the Senate". It confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. As a result, presidential arm-twisting of senators can happen before a key vote; for example, President Obama's secretary of state, [[Hillary Clinton]], urged her former senate colleagues to approve a nuclear arms treaty with Russia in 2010.<ref name=tws2010Sep11rr>{{cite news |author= Charles Wolfson |title= Clinton Presses Senate to Ratify Nuclear Arms Treaty with Russia |publisher= CBS News |date= August 11, 2010 |url= https://www.cbsnews.com/news/clinton-presses-senate-to-ratify-nuclear-arms-treaty-with-russia/ |access-date= September 11, 2010 |archive-date= September 14, 2010 |archive-url= https://web.archive.org/web/20100914104143/http://www.cbsnews.com/8301-503544_162-20013329-503544.html |url-status= live }}</ref> The House of Representatives has no formal role in either the ratification of treaties or the appointment of federal officials, other than in [[Twenty-fifth Amendment to the United States Constitution#Section 2: Vice presidential vacancy|filling a vacancy]] in the office of the vice president; in such a case, a majority vote in each House is required to confirm a president's nomination of a vice president.<ref name=tws2010Sep11bb/>

In 1803, the Supreme Court established [[judicial review]] of federal legislation in ''[[Marbury v. Madison]]'', holding that Congress could not grant unconstitutional power to the Court itself. The Constitution did not explicitly state that the courts may exercise judicial review. The notion that courts could declare laws [[unconstitutional]] was envisioned by the [[Founding Fathers of the United States|founding fathers]]. [[Alexander Hamilton]], for example, mentioned and expounded upon the doctrine in [[Federalist No. 78]]. [[Originalism|Originalists]] on the Supreme Court have argued that if the constitution does not say something explicitly it is unconstitutional to infer what it should, might, or could have said.<ref>{{cite web |url=http://www.cfif.org/htdocs/legal_issues/legal_updates/us_supreme_court/scalia-constitutional-speech.htm |title=Constitutional Interpretation the Old Fashioned Way |publisher=Center For Individual Freedom |access-date=September 15, 2007 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214412/https://www.cfif.org/htdocs/legal_issues/legal_updates/us_supreme_court/scalia-constitutional-speech.htm |url-status=live }}</ref> Judicial review means that the Supreme Court can nullify a congressional law. It is a huge check by the courts on the legislative authority and limits congressional power substantially. In 1857, for example, the Supreme Court struck down provisions of a congressional act of 1820 in its [[Dred Scott]] decision.<ref name=tws2010Sep11ss>{{cite news |title= Decision of the Supreme Court in the Dred Scott Case |newspaper= The New York Times |date= March 6, 1851 |url= https://www.nytimes.com/learning/general/onthisday/big/0306.html |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214440/https://www.nytimes.com/section/learning |url-status= live }}</ref> At the same time, the Supreme Court can extend congressional power through its constitutional interpretations.

The congressional inquiry into [[St. Clair's Defeat]] of 1791 was the first congressional investigation of the executive branch.<ref>{{cite news |url=https://www.lawfaremedia.org/remembering-st-clairs-defeat |title=Remembering St. Clair's Defeat |first=Matthew |last=Waxman |publisher=[[Lawfare (website)|Lawfare]] |date=November 4, 2018 |access-date=May 22, 2019 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214425/https://www.lawfaremedia.org/remembering-st-clairs-defeat |url-status=live }}</ref> Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary, [[subpoena]] people to testify when investigating issues over which it has the power to legislate.<ref name=tws28sep05>{{cite news|author = Frank Askin|title = Congress's Power To Compel|newspaper = The Washington Post|date = July 21, 2007|url = https://www.washingtonpost.com/wp-dyn/content/article/2007/07/20/AR2007072001802.html|access-date = September 28, 2009|archive-date = January 14, 2021|archive-url = https://web.archive.org/web/20210114214425/https://www.washingtonpost.com/wp-dyn/content/article/2007/07/20/AR2007072001802.html|url-status = live}}</ref><ref name=tws2010Sep11dd>{{cite news |title=Congressional Hearings: About |publisher=GPO Access |date=        September 28, 2005 |url=http://www.gpoaccess.gov/chearings/about.html |access-date=September 11, 2010 |url-status = dead|archive-url=https://web.archive.org/web/20100809032123/http://www.gpoaccess.gov//chearings/about.html |archive-date=August 9, 2010 }}</ref> Witnesses who refuse to testify may be cited for [[contempt of Congress]], and those who testify falsely may be charged with [[perjury]]. Most committee hearings are open to the public (the [[United States House Permanent Select Committee on Intelligence|House]] and [[United States Senate Select Committee on Intelligence|Senate intelligence committees]] are the exception); important hearings are widely reported in the mass media and transcripts published a few months afterwards.<ref name=tws2010Sep11dd/> Congress, in the course of studying possible laws and investigating matters, generates an incredible amount of information in various forms, and can be described as a publisher.<ref name=tws2010Sep11ff>{{cite news
|date=        May 25, 2010
 |title=Congressional Reports: Main Page 
 |publisher=U.S. Government Printing Office Access
 |url=http://www.gpoaccess.gov/serialset/creports/index.html 
 |access-date=September 11, 2010 
 |url-status = dead|archive-url=https://web.archive.org/web/20100807204440/http://www.gpoaccess.gov//serialset/creports/index.html 
 |archive-date=August 7, 2010 
}}</ref> Indeed, it publishes House and Senate reports<ref name=tws2010Sep11ff/> and maintains databases which are updated irregularly with publications in a variety of electronic formats.<ref name=tws2010Sep11ff/>

Congress also plays a role in presidential elections. Both Houses meet in joint session on the sixth day of January following a presidential election to count the electoral votes, and there are procedures to follow if no candidate wins a majority.<ref name=tws2010Sep11bb/>

The main result of congressional activity is the creation of laws,<ref name=tws2010Sep11cc>{{cite news |title= Tying It All Together: Learn about the Legislative Process |publisher= United States House of Representatives |url= http://www.house.gov/house/Tying_it_all.shtml
|archive-url= https://web.archive.org/web/20110420234437/http://www.house.gov/house/Tying_it_all.shtml |archive-date= April 20, 2011 |access-date=April 20, 2011}}</ref> most of which are contained in the United States Code, arranged by subject matter alphabetically under fifty title headings to present the laws "in a concise and usable form".<ref name=tws2010Sep11bb/>

==Structure==
{{Main|Structure of the United States Congress}}
Congress is split into two chambers{{snd}}House and Senate{{snd}}and manages the task of writing national legislation by dividing work into separate committees which specialize in different areas. Some members of Congress are elected by their peers to be officers of these committees. Further, Congress has ancillary organizations such as the [[Government Accountability Office]] and the [[Library of Congress]] to help provide it with information, and members of Congress have staff and offices to assist them as well. In addition, a vast industry of lobbyists helps members write legislation on behalf of diverse corporate and labor interests.

===Committees===
{{Main|United States congressional committee}}
[[File:Congress Hall committee room 2.jpg|thumb|alt=Photo of a table with chairs.|The second committee room at [[Congress Hall]] in Philadelphia]]
[[File:The United States Legislative Process - Committee Consideration (3) - Library of Congress.webm|thumb|A [[Library of Congress]] video explaining the committees of the United States Congress]]

====Specializations====
The committee structure permits members of Congress to study a particular subject intensely. It is neither expected nor possible that a member be an expert on all subject areas before Congress.<ref name="english-46">English (2003), pp. 46–47</ref> As time goes by, members develop expertise in particular subjects and their legal aspects. [[United States congressional committee|Committees]] investigate specialized subjects and advise the entire Congress about choices and trade-offs. The choice of specialty may be influenced by the member's constituency, important regional issues, prior background and experience.<ref>English, p. 46</ref> Senators often choose a different specialty from that of the other senator from their state to prevent overlap.<ref>{{cite book |author=Schiller, Wendy J. |title=Partners and Rivals: Representation in U.S. Senate Delegations |publisher=Princeton University Press |year=2000 |isbn=0-691-04887-8}}</ref> Some committees specialize in running the business of other committees and exert a powerful influence over all legislation; for example, the [[House Ways and Means Committee]] has considerable influence over House affairs.<ref name=tws2010Sep11ff511234>{{cite news |title= Committees |publisher= U.S. Senate |year= 2010 |url= https://www.senate.gov/pagelayout/committees/d_three_sections_with_teasers/committees_home.htm |access-date= September 12, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214410/https://www.senate.gov/committees/index.htm |url-status= live }}</ref>

====Power====
Committees write legislation. While procedures, such as the House [[discharge petition]] process, can introduce bills to the House floor and effectively bypass committee input, they are exceedingly difficult to implement without committee action. Committees have power and have been called ''independent fiefdoms''. Legislative, oversight, and internal administrative tasks are divided among about two hundred committees and [[United States congressional subcommittee|subcommittees]] which gather information, evaluate alternatives, and identify problems.<ref name="House_Rules"/> They propose solutions for consideration by the full chamber.<ref name="House_Rules"/> In addition, they perform the function of ''oversight'' by monitoring the executive branch and investigating wrongdoing.<ref name="House_Rules">[https://web.archive.org/web/20100423162313/http://www.rules.house.gov/archives/98-241.pdf Committee Types and Roles], [[Congressional Research Service]], April 1, 2003</ref>

====Officer====
At the start of each two-year session, the House elects a [[Speaker of the United States House of Representatives|speaker]] who does not normally preside over debates but serves as the majority party's leader. In the Senate, the vice president is the ''[[ex officio]]'' president of the Senate. In addition, the Senate elects an officer called the [[President pro tempore of the United States Senate|president pro tempore]]. ''Pro tempore'' means ''for the time being'' and this office is usually held by the most senior member of the Senate's majority party and customarily keeps this position until there is a change in party control. Accordingly, the Senate does not necessarily elect a new president pro tempore at the beginning of a new Congress. In the House and Senate, the actual presiding officer is generally a junior member of the majority party who is appointed so that new members become acquainted with the rules of the chamber.

===Support services===
====Library of Congress====
{{Main|Library of Congress}}
[[File:Thomas Jefferson Building Aerial by Carol M. Highsmith.jpg|thumb|Library of Congress Jefferson Building]]
The Library of Congress was established by an act of Congress in 1800. It is primarily housed in three buildings on [[Capitol Hill]], but also includes several other sites: the [[National Library Service for the Blind and Physically Handicapped]] in Washington, D.C.; the [[National Audio-Visual Conservation Center]] in [[Culpeper, Virginia]]; a large [[book storage]] facility located in [[Fort Meade, Maryland]]; and multiple overseas offices. The Library had mostly law books when it [[Burning of Washington|was burnt]] by [[British Empire|British]] forces in 1814 during the [[War of 1812]], but the library's collections were restored and expanded when Congress authorized the purchase of [[Thomas Jefferson]]'s private library. One of the library's missions is to serve Congress and its staff as well as the American public. It is the largest library in the world with nearly 150 million items including books, films, maps, photographs, music, manuscripts, graphics, and materials in 470 languages.<ref name=aboutLOC>{{cite web|url=https://www.loc.gov/about/generalinfo.html|title=General Information – Library of Congress|website=[[Library of Congress]]|access-date=December 30, 2017|archive-date=February 24, 2014|archive-url=https://web.archive.org/web/20140224004300/http://www.loc.gov/about/generalinfo.html|url-status=live}}</ref>

====Congressional Research Service====
{{Main|Congressional Research Service}}
[[File:Congressional Research Service.svg|alt=|thumb|The [[Congressional Research Service]]]]
The Congressional Research Service, part of the Library of Congress, provides detailed, up-to-date and non-partisan research for senators, representatives, and their staff to help them carry out their official duties. It provides ideas for legislation, helps members analyze a bill, facilitates public hearings, makes reports, consults on matters such as parliamentary procedure, and helps the two chambers resolve disagreements. It has been called the "House's think tank" and has a staff of about 900 employees.<ref name="CRS Report about CRS">{{cite web|url=https://fas.org/sgp/crs/misc/RL33471.pdf|title=The Congressional Research Service and the American Legislative Process|year=2008|publisher=Congressional Research Service|access-date=July 25, 2009|archive-date=July 18, 2009|archive-url=https://web.archive.org/web/20090718113918/http://fas.org/sgp/crs/misc/RL33471.pdf|url-status=live}}</ref>

====Congressional Budget Office====
{{Main|Congressional Budget Office}}
The [[Congressional Budget Office]] (CBO) is a [[List of United States federal agencies|federal agency]] which provides [[economics|economic data]] to Congress.<ref>{{cite book |last1 = O'Sullivan |first1 = Arthur |author-link = Arthur O'Sullivan (economist) |first2 = Steven M. |last2 = Sheffrin |title = Economics: Principles in Action |url = https://archive.org/details/economicsprincip00osul |url-access = limited |publisher = Pearson Prentice Hall | year = 2003 |location = Upper Saddle River, New Jersey |page = [https://archive.org/details/economicsprincip00osul/page/n404 388] |isbn = 0-13-063085-3}}</ref>

It was created as an independent non-partisan agency by the [[Congressional Budget and Impoundment Control Act of 1974]]. It helps Congress estimate revenue inflows from taxes and helps the budgeting process. It makes projections about such matters as the [[national debt]]<ref>{{cite web|url=http://www.cbo.gov/aboutcbo/ |title=Congressional Budget Office – About CBO |publisher=Cbo.gov |access-date=December 20, 2010 |url-status = dead|archive-url=https://web.archive.org/web/20101205015731/http://www.cbo.gov/aboutcbo/ |archive-date=December 5, 2010 }}</ref> as well as likely costs of legislation. It prepares an annual ''Economic and Budget Outlook'' with a mid-year update and writes ''An Analysis of the President's Budgetary Proposals'' for the [[Senate Committee on Appropriations|Senate's Appropriations Committee]]. The speaker of the House and the Senate's president pro tempore jointly appoint the CBO director for a four-year term.

====Lobbying====
{{Main|Lobbying in the United States}}
Lobbyists represent diverse interests and often seek to influence congressional decisions to reflect their clients' needs. [[Advocacy group|Lobby groups]] and their members sometimes write legislation and [[Whip (politics)|whip]] bills. In 2007, there were approximately 17,000 federal lobbyists in Washington, D.C.<ref>{{cite book |title=Washington Representatives|edition=32|date=November 2007|publisher=Columbia Books|location=Bethesda, MD|isbn=978-1-880873-55-7|page=949}}</ref> They explain to legislators the goals of their organizations. Some lobbyists represent non-profit organizations and work [[pro bono]] for issues in which they are personally interested.

====Police====
{{Main|United States Capitol Police}}

===Partisanship versus bipartisanship===
Congress has alternated between periods of constructive cooperation and compromise between parties, known as [[bipartisanship]], and periods of deep political [[Polarization (politics)|polarization]] and fierce infighting, known as [[partisanship]]. The period after the Civil War was marked by partisanship, as is the case today. It is generally easier for committees to reach accord on issues when compromise is possible. Some [[Political science|political scientists]] speculate that a prolonged period marked by narrow majorities in both chambers of Congress has intensified partisanship in the last few decades, but that an alternation of control of Congress between Democrats and Republicans may lead to greater flexibility in policies, as well as pragmatism and civility within the institution.<ref name=tws2010Sep11t14cc577>{{cite book |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress |publisher=Cambridge University Press |pages=17–18 |year=2006 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |isbn=9781139446990 |edition=Fourth |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214414/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref>

==Procedures==
{{Main|Procedures of the United States Congress}}

===Sessions===
A term of Congress is divided into two "[[legislative session|sessions]]", one for each year; Congress has occasionally been called into an extra or ''[[special session]]''. A new session commences on January{{spaces}}3 each year unless Congress decides differently. The Constitution requires Congress to meet at least once each year and forbids either house from meeting outside the Capitol without the consent of the other house.

===Joint sessions===
{{Main|Joint session of the United States Congress}}
Joint sessions of the United States Congress occur on special occasions that require a concurrent resolution from House and Senate. These sessions include counting [[electoral votes]] after a presidential election and the president's [[State of the Union]] address. The [[State of the Union|constitutionally mandated report]], normally given as an annual speech, is modeled on Britain's [[Speech from the Throne]], was written by most presidents after [[Thomas Jefferson|Jefferson]] but personally delivered as a spoken oration beginning with [[Woodrow Wilson|Wilson]] in 1913. Joint Sessions and Joint Meetings are traditionally presided over by the speaker of the House, except when counting presidential electoral votes when the vice president (acting as the president of the Senate) presides.

===Bills and resolutions===
{{See also|Act of Congress|List of United States federal legislation}}
[[File:Private Law 86-407.jpg|thumb|An [[Act of Congress]] from 1960]]
[[File:US House Committee.jpg|thumb|The [[United States House Committee on Financial Services|U.S. Committee on Financial Services]] with committee members sitting in the tiers of raised chairs and those testifying and audience members sitting below]]
Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. Anyone can write a bill, but only members of Congress may introduce bills. Most bills are not written by Congress members, but originate from the Executive branch; interest groups often draft bills as well. The usual next step is for the proposal to be passed to a committee for review.<ref name=tws2010Sep11bb/> A proposal is usually in one of these forms:

*Bills are laws in the making. A House-originated bill begins with the letters "H.R." for "House of Representatives", followed by a number kept as it progresses.<ref name=tws2010Sep11cc/>
*Joint resolutions. There is little difference between a bill and a joint resolution since both are treated similarly; a joint resolution originating from the House, for example, begins "H.J.Res." followed by its number.<ref name=tws2010Sep11cc/>
*Concurrent Resolutions affect only the House and Senate and accordingly are not presented to the president. In the House, they begin with "H.Con.Res."<ref name=tws2010Sep11cc/>
*Simple resolutions concern only the House or only the Senate and begin with "H.Res." or "S.Res."<ref name=tws2010Sep11cc/>

Representatives introduce a bill while the House is in session by placing it in the ''hopper'' on the Clerk's desk.<ref name=tws2010Sep11cc/> It is assigned a number and referred to a committee which studies each bill intensely at this stage.<ref name=tws2010Sep11cc/> Drafting statutes requires "great skill, knowledge, and experience" and sometimes take a year or more.<ref name=tws2010Sep11bb/> Sometimes lobbyists write legislation and submit it to a member for introduction. Joint resolutions are the normal way to propose a constitutional amendment or declare war. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law but express the opinion of Congress or regulate [[Parliamentary procedure|procedure]]. Bills may be introduced by any member of either house. The Constitution states: "All Bills for raising Revenue shall originate in the House of Representatives." While the Senate cannot originate [[revenue]] and [[Appropriations bill (United States)|appropriation bills]], it has the power to amend or reject them. Congress has sought ways to establish appropriate spending levels.<ref name=tws2010Sep11bb/>

Each chamber determines its own internal rules of operation unless specified in the Constitution or prescribed by law. In the House, a [[U.S. House Committee on Rules|Rules Committee]] guides legislation; in the Senate, a [[Standing Rules of the Senate|Standing Rules]] committee is in charge. Each branch has its own traditions; for example, the Senate relies heavily on the practice of getting "unanimous consent" for noncontroversial matters.<ref name=tws2010Sep11bb/> House and Senate rules can be complex, sometimes requiring a hundred specific steps before a bill can become a law.<ref name=tws2010Sep11t14aa/> Members sometimes turn to outside experts to learn about proper congressional procedures.<ref name=tws2010Sep11nn>{{cite news |author= Partnership for Public Service |title= Walter Oleszek: A Hill Staffer's Guide to Congressional History and Habit |newspaper= The Washington Post |date= March 29, 2009 |url= https://www.washingtonpost.com/wp-dyn/content/article/2009/03/27/AR2009032701563.html |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214454/https://www.washingtonpost.com/wp-dyn/content/article/2009/03/27/AR2009032701563.html |url-status= live }}</ref>

Each bill goes through several stages in each house including consideration by a committee and advice from the [[Government Accountability Office]].<ref name=tws2010Sep11bb/> Most legislation is considered by [[standing committee]]s which have jurisdiction over a particular subject such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. Standing committees meet at least once each month.<ref name=tws2010Sep11bb/> Almost all standing committee meetings for transacting business must be open to the public unless the committee votes, publicly, to close the meeting.<ref name=tws2010Sep11bb/> A committee might call for public hearings on important bills.<ref name=tws2010Sep11bb/> Each committee is led by a [[chairperson|chair]] who belongs to the majority party and a [[ranking minority member|ranking member]] of the minority party. Witnesses and experts can present their case for or against a bill.<ref name=tws2010Sep11cc/> Then, a bill may go to what is called a ''mark-up'' session, where committee members debate the bill's merits and may offer amendments or revisions.<ref name=tws2010Sep11cc/> Committees may also amend the bill, but the full house holds the power to accept or reject committee amendments. After debate, the committee votes whether it wishes to report the measure to the full house. If a bill is ''tabled'' then it is rejected. If amendments are extensive, sometimes a new bill with amendments built in will be submitted as a so-called ''clean bill'' with a new number.<ref name=tws2010Sep11cc/> Both houses have procedures under which committees can be bypassed or overruled but they are rarely used. Generally, members who have been in Congress longer have greater seniority and therefore greater power.<ref name="tws2010Sep11qq">{{cite news |date=April 5, 1971 |title=Blacks: Confronting the President |url=http://www.time.com/time/magazine/article/0,9171,876892,00.html |url-status=dead |archive-url=https://web.archive.org/web/20081221212755/http://www.time.com/time/magazine/article/0,9171,876892,00.html |archive-date=December 21, 2008 |access-date=September 11, 2010 |newspaper=Time}}</ref>

A bill which reaches the floor of the full house can be simple or complex<ref name=tws2010Sep11cc/> and begins with an [[enacting formula]] such as "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled{{spaces}}..." Consideration of a bill requires, itself, a ''rule'' which is a simple resolution specifying the particulars of debate{{snd}}time limits, possibility of further amendments, and such.<ref name=tws2010Sep11cc/> Each side has equal time and members can yield to other members who wish to speak.<ref name=tws2010Sep11cc/> Sometimes opponents seek to ''recommit'' a bill which means to change part of it.<ref name=tws2010Sep11cc/> Generally, discussion requires a ''quorum'', usually half of the total number of representatives, before discussion can begin, although there are exceptions.<ref name=tws2010Sep11mm>{{cite news |title= News from Washington |newspaper= The New York Times |date= December 3, 1861 |url= https://query.nytimes.com/gst/abstract.html?res=F30611FA38541A7493C1A91789D95F458684F9 |archive-url= https://wayback.archive-it.org/all/20171010131909/http://www.nytimes.com/1861/12/03/news/washington-meeting-thirty-seventh-congress-quorum-present-both-houses-business.html |url-status = dead|archive-date= October 10, 2017 |access-date= September 11, 2010 }}</ref> The house may debate and amend the bill; the precise procedures used by the House and Senate differ. A final vote on the bill follows.

Once a bill is approved by one house, it is sent to the other which may pass, reject, or amend it. For the bill to become law, both houses must agree to identical versions of the bill.<ref name=tws2010Sep11cc/> If the second house amends the bill, then the differences between the two versions must be reconciled in a [[United States congressional conference committee|conference committee]], an ''ad hoc'' committee that includes senators and representatives<ref name=tws2010Sep11cc/> sometimes by using a ''reconciliation process'' to limit budget bills.<ref name=tws2010Sep11bb/> Both houses use a budget enforcement mechanism informally known as ''pay-as-you-go'' or ''paygo'' which discourages members from considering acts that increase budget deficits.<ref name=tws2010Sep11bb/> If both houses agree to the version reported by the conference committee, the bill passes, otherwise it fails.

The Constitution specifies that a majority of members (a [[quorum]]) be present before doing business in each house. The rules of each house assume that a quorum is present unless a [[quorum call]] demonstrates the contrary and debate often continues despite the lack of a majority.

Voting within Congress can take many forms, including systems using lights and bells and electronic voting.<ref name=tws2010Sep11bb/> Both houses use voice voting to decide most matters in which members shout "aye" or "no" and the presiding officer announces the result. The Constitution requires a [[Voting methods in deliberative assemblies|recorded vote]] if demanded by one-fifth of the members present or when voting to override a presidential veto. If the voice vote is unclear or if the matter is controversial, a recorded vote usually happens. The Senate uses [[Voting methods in deliberative assemblies|roll-call voting]], in which a clerk calls out the names of all the senators, each senator stating "aye" or "no" when their name is announced. In the Senate, the Vice President may cast the tie-breaking vote if present when the senators are equally divided.

The House reserves roll-call votes for the most formal matters, as a roll call of all 435 representatives takes quite some time; normally, members vote by using an electronic device. In the case of a tie, the motion in question fails. Most votes in the House are done electronically, allowing members to vote ''yea'' or ''nay'' or ''present'' or ''open''.<ref name=tws2010Sep11bb/> Members insert a voting ''ID card'' and can change their votes during the last five minutes if they choose; in addition, paper ballots are used occasionally (''yea'' indicated by green and ''nay'' by red).<ref name=tws2010Sep11bb/> One member cannot cast a [[proxy vote]] for another.<ref name=tws2010Sep11bb/> Congressional votes are recorded on an online database.<ref name=tws2010Sep11gg>{{cite news |author= United States government |title= Recent Votes |publisher= United States Senate |year= 2010 |url= https://www.senate.gov/pagelayout/legislative/a_three_sections_with_teasers/votes.htm |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214426/https://www.senate.gov/legislative/votes_new.htm |url-status= live }}</ref><ref name=tws2010Sep11t7>{{cite news|title=The U.S. Congress – Votes Database – Members of Congress / Robert Byrd |newspaper=The Washington Post |date=June 17, 2010 |url=http://projects.washingtonpost.com/congress/members/k000105/ |access-date=September 11, 2010 |url-status = dead|archive-url=https://web.archive.org/web/20101110035120/http://projects.washingtonpost.com/congress/members/k000105/ |archive-date=November 10, 2010 }}</ref>

After passage by both houses, a bill is [[Enrolled bill|enrolled]] and sent to the president for approval.<ref name=tws2010Sep11cc/> The president may sign it making it law or veto it, perhaps returning it to Congress with the president's objections. A vetoed bill can still become law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the president may do nothing{{spaces}}neither signing nor vetoing the bill{{spaces}}and then the bill becomes law automatically after ten days (not counting Sundays) according to the Constitution. But if Congress is adjourned during this period, presidents may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as a [[pocket veto]], and cannot be overridden by the adjourned Congress.

==Public interaction==
{{Main|U.S. Congress and citizens}}

===Advantage of incumbency===
====Citizens and representatives====
[[File:Ĝerimandrado.svg|thumb|alt=two boxes with red dots and blue dots.|In this example, the more even distribution is on the left and the gerrymandering is presented on the right.]]
Senators face reelection every six years, and representatives every two. Reelections encourage candidates to focus their publicity efforts at their home states or districts.<ref name=tws2010Sep11t14dd1/> Running for reelection can be a grueling process of distant travel and fund-raising which distracts senators and representatives from paying attention to governing, according to some critics.<ref name=twsSEPnn876>{{cite news| author = Larry J. Sabato| title = An amendment is needed to fix the primary mess| newspaper = USA Today| date = September 26, 2007| url = https://www.usatoday.com/printedition/news/20070926/opcomwednesday.art.htm| access-date = September 20, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214410/https://usatoday30.usatoday.com/printedition/news/20070926/opcomwednesday.art.htm| url-status = live}}</ref> Although others respond that the process is necessary to keep members of Congress in touch with voters.

[[incumbency|Incumbent]] members of Congress running for reelection have strong advantages over challengers.<ref name=tws2010Sep11jggha/> They raise more money<ref name="tws02oct205"/> because donors fund incumbents over challengers, perceiving the former as more likely to win,<ref name="tws02oct223"/><ref name="tws02oct216"/> and donations are vital for winning elections.<ref name=tws01oct23>{{cite news| author = Brian Kalish| title = GOP exits to cost party millions| newspaper = USA TODAY| date = May 19, 2008| url = https://www.usatoday.com/news/politics/election2008/2008-05-18-PAC_N.htm| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214647/https://usatoday30.usatoday.com/news/politics/election2008/2008-05-18-PAC_N.htm| url-status = live}}</ref> One critic compared election to Congress to receiving [[life tenure]] at a university.<ref name="tws02oct216"/> Another advantage for representatives is the practice of [[gerrymandering]].<ref name=tws2010Sep11ii/><ref name=twsSEPnnppoi>{{cite journal | last = Macedo | first = Stephen | title = Toward a more democratic Congress? Our imperfect democratic constitution: the critics examined | journal = Boston University Law Review | volume = 89 | pages = 609–628 | date = August 11, 2008 | url = https://docs.google.com/gview?a=v&q=cache%3AQ33mcnJC4pkJ%3Awww.bu.edu%2Flaw%2Fcentral%2Fjd%2Forganizations%2Fjournals%2Fbulr%2Fvolume89n2%2Fdocuments%2FMACEDO.pdf+%22our+undemocratic+constitution%22+critic%3F+review%3F&hl=en&gl=us&pli=1 | access-date = September 20, 2009 | archive-date = May 1, 2011 | archive-url = https://web.archive.org/web/20110501080149/http://docs.google.com/gview?a=v&q=cache%3AQ33mcnJC4pkJ%3Awww.bu.edu%2Flaw%2Fcentral%2Fjd%2Forganizations%2Fjournals%2Fbulr%2Fvolume89n2%2Fdocuments%2FMACEDO.pdf+%22our+undemocratic+constitution%22+critic%3F+review%3F&hl=en&gl=us&pli=1 | url-status = live }}</ref> After each ten-year census, states are allocated representatives based on population, and officials in power can choose how to draw the congressional district boundaries to support candidates from their party. As a result, reelection rates of members of Congress hover around 90 percent,<ref name=incumbent/> causing some critics to call them a privileged class.<ref name=tws2010Sep11t14cc/> Academics such as Princeton's [[Stephen Macedo]] have proposed solutions to fix [[Gerrymandering in the United States|gerrymandering in the U.S.]] Senators and representatives enjoy free mailing privileges, called [[franking privilege]]s; while these are not intended for electioneering, this rule is often skirted by borderline election-related mailings during campaigns.
{{clear}}

====Expensive campaigns====
In 1971, the cost of running for Congress in [[Utah]] was $70,000<ref name="tws01oct40">{{cite news |date=May 17, 1971 |title=Time Essay: Campaign Costs: Floor, Not Ceiling |url=http://www.time.com/time/magazine/article/0,9171,944351,00.html |url-status=dead |archive-url=https://web.archive.org/web/20081221201441/http://www.time.com/time/magazine/article/0,9171,944351,00.html |archive-date=December 21, 2008 |access-date=October 1, 2009 |newspaper=Time}}</ref> but costs have climbed.<ref name=tws01oct38>{{cite news| author = Barbara Borst, Associated Press| title = Campaign spending up in U.S. congressional elections| newspaper = USA Today| date = October 29, 2006| url = https://www.usatoday.com/news/washington/2006-10-29-campaign-spending_x.htm| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214533/https://usatoday30.usatoday.com/news/washington/2006-10-29-campaign-spending_x.htm| url-status = live}}</ref> The biggest expense is television advertisements.<ref name=tws01oct22/><ref name=tws02oct216>{{cite news| author = Joseph A. Califano Jr.| title = PAC's Remain a Pox| newspaper = The New York Times| date = May 27, 1988| url = https://www.nytimes.com/1988/05/27/opinion/pac-s-remain-a-pox.html| access-date = October 2, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214433/https://www.nytimes.com/1988/05/27/opinion/pac-s-remain-a-pox.html| url-status = live}}</ref><ref name="tws01oct40"/><ref name=tws01oct33>{{cite news| author = Dan Froomkin| title = Campaign Finance – Introduction| newspaper = The Washington Post| date = September 15, 1997| url = https://www.washingtonpost.com/wp-srv/national/longterm/campfin/intro.htm| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214427/https://www.washingtonpost.com/wp-srv/national/longterm/campfin/intro.htm| url-status = live}}</ref><ref name="tws01oct32">{{cite news |last=Thomas |first=Evan |date=April 4, 2008 |title=At What Cost? – Sen. John Warner and Congress's money culture. |url=http://www.newsweek.com/id/130441 |url-status=live |archive-url=https://web.archive.org/web/20210114214440/https://www.newsweek.com/congresss-money-culture-85717 |archive-date=January 14, 2021 |access-date=October 1, 2009 |newspaper=Newsweek}}</ref> Today's races cost more than a million dollars for a House seat, and six million or more for a Senate seat.<ref name=tws2010Sep11t14cc/><ref name="tws01oct22"/><ref name="tws01oct33"/><ref name=DCMacnutsSuperCoolTool04>{{cite news | title = References about diffname}}
*{{cite news| author = Jean Merl| title = Gloves Come Off in Attack Ads by Harman, Kuykendall| newspaper = Los Angeles Times| date = October 18, 2000| url = https://www.latimes.com/archives/la-xpm-2000-oct-18-me-38161-story.html| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214445/https://www.latimes.com/archives/la-xpm-2000-oct-18-me-38161-story.html| url-status = live}}
*{{cite news
| author = Shanto Iyengar
| title = Election 2008: The Advertising
| newspaper = The Washington Post
| date = August 12, 2008
| url = https://www.washingtonpost.com/wp-dyn/content/discussion/2008/08/10/DI2008081001615.html
| access-date = September 30, 2009
| archive-date = January 14, 2021
| archive-url = https://web.archive.org/web/20210114214508/https://www.washingtonpost.com/wp-dyn/content/discussion/2008/08/10/DI2008081001615.html
| url-status = live
}}
*{{cite news| author = Dave Lesher| title = Column One – TV Blitz Fueled by a Fortune – Once obscure, Huffington now is pressing Feinstein. His well-financed rapid-response team has mounted an unprecedented ad attack.| newspaper = Los Angeles Times| date = September 12, 1994| url = https://www.latimes.com/archives/la-xpm-1994-09-12-mn-37700-story.html| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214535/https://www.latimes.com/archives/la-xpm-1994-09-12-mn-37700-story.html| url-status = live}}
*{{cite news| author = Howard Kurtz| title = Democrats Chase Votes With a Safety Net| newspaper = The Washington Post| date = October 28, 1998| url = https://www.washingtonpost.com/wp-srv/politics/campaigns/keyraces98/stories/ads102898.htm| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214434/https://www.washingtonpost.com/wp-srv/politics/campaigns/keyraces98/stories/ads102898.htm| url-status = live}}</ref><ref name=tws01oct43>{{cite news| author = James Oliphant| title = '08 Campaign costs nearing $2 Billion. Is it worth it?| newspaper = Los Angeles Times| date = April 9, 2008| url = http://latimesblogs.latimes.com/washington/2008/04/campaignexpense.html| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214446/https://latimesblogs.latimes.com/washington/2008/04/campaignexpense.html| url-status = live}}</ref> Since fundraising is vital, "members of Congress are forced to spend ever-increasing hours raising money for their re-election."{{attribution needed|date=January 2019}}<ref name=tws01oct35>{{cite news
 |title=Campaign Finance Groups Praise Rep. Welch for Cosponsoring Fair Elections Now Act 
 |work=Reuters 
 |date=May 19, 2009 
 |url=https://www.reuters.com/article/pressRelease/idUS184834+19-May-2009+PRN20090519 
 |archive-url=https://web.archive.org/web/20100122065024/https://www.reuters.com/article/idUS184834%2B19-May-2009%2BPRN20090519 
 |archive-date=January 22, 2010 
 |access-date=October 1, 2009 
 |url-status = dead
}}</ref>

The Supreme Court has treated campaign contributions as a [[free speech]] issue.<ref name="tws01oct38"/> Some see money as a good influence in politics since it "enables candidates to communicate with voters".<ref name="tws01oct38"/> Few members retire from Congress without complaining about how much it costs to campaign for reelection.<ref name=tws2010Sep11t14cc/> Critics contend that members of Congress are more likely to attend to the needs of heavy campaign contributors than to ordinary citizens.<ref name=tws2010Sep11t14cc/>

Elections are influenced by many variables. Some political scientists speculate there is a ''[[coattail effect]]'' (when a popular president or party position has the effect of reelecting incumbents who win by "riding on the president's coattails"), although there is some evidence that the coattail effect is irregular and possibly declining since the 1950s.<ref name=tws2010Sep11jggha/> Some districts are so heavily Democratic or Republican that they are called a [[safe seat]]; any candidate winning the primary will almost always be elected, and these candidates do not need to spend money on advertising.<ref name=tws30sep13>{{cite news| author = John Balzar| title = Democrats Battle Over a Safe Seat in Congress| newspaper = Los Angeles Times| date = May 24, 2006| url = https://www.latimes.com/archives/la-xpm-2006-may-24-me-harman24-story.html| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214422/https://www.latimes.com/archives/la-xpm-2006-may-24-me-harman24-story.html| url-status = live}}</ref><ref name=tws30sep14>{{cite news| title = The Congress: An Idea on the March| newspaper = Time| date = January 11, 1963| url = http://www.time.com/time/magazine/article/0,9171,873000-5,00.html| archive-url = https://web.archive.org/web/20110501130131/http://www.time.com/time/magazine/article/0,9171,873000-5,00.html| url-status = dead| archive-date = May 1, 2011| access-date =September 30, 2009}}</ref> But some races can be competitive when there is no incumbent. If a seat becomes vacant in an open district, then both parties may spend heavily on advertising in these races; in California in 1992, only four of twenty races for House seats were considered highly competitive.<ref name=tws30sep18>{{cite news| author = <!--staff writer-->| title = Decision '92 – Special Voters' Guide to State and Local Elections – The Congressional Races| newspaper = Los Angeles Times| date = October 25, 1992| url = https://www.latimes.com/archives/la-xpm-1992-10-25-ss-1279-story.html| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214423/https://www.latimes.com/archives/la-xpm-1992-10-25-ss-1279-story.html| url-status = live}}</ref>

====Television and negative advertising====
Since members of Congress must advertise heavily on television, this usually involves [[negative advertising]], which smears an opponent's character without focusing on the issues.<ref name=DCMacnutsSuperCoolTool03>{{cite news | title = References about prevalence of attack ads}}
*{{cite news| author1 = Brooks Jackson| author2 = Justin Bank| name-list-style = amp| title = Radio, Radio – New Democratic ads attacking House Republicans in the lead-up to the 2010 midterm elections don't tell the whole story.| newspaper = Newsweek| date = February 5, 2009| url = http://www.newsweek.com/id/183328| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214449/https://www.newsweek.com/factcheckorg-dems-mislead-new-radio-attack-ads-82409| url-status = live}}
*{{cite news| author = Fredreka Schouten| title = Union helps non-profit groups pay for attack ads| newspaper = USA Today| date = September 19, 2008| url = https://www.usatoday.com/news/politics/election2008/2008-09-18-union-money_N.htm| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214516/https://usatoday30.usatoday.com/news/politics/election2008/2008-09-18-union-money_N.htm| url-status = live}}
*{{cite news| author = Ruth Marcus| title = Attack Ads You'll Be Seeing| newspaper = The Washington Post| date = August 8, 2007| url = https://www.washingtonpost.com/wp-dyn/content/article/2007/08/07/AR2007080701287.html| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214459/https://www.washingtonpost.com/wp-dyn/content/article/2007/08/07/AR2007080701287.html| url-status = live}}
*{{cite news| author = Chris Cillizza| title = Ads, Ads Everywhere!| newspaper = The Washington Post| date = September 20, 2006| url = http://voices.washingtonpost.com/thefix/ohio-river-ramble/ads-ads-everywhere.html| access-date = September 30, 2009| author-link = Chris Cillizza| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214515/http://voices.washingtonpost.com/thefix/ohio-river-ramble/ads-ads-everywhere.html| url-status = dead}}
*{{cite news| author = Samantha Gross| title = Coming Soon: Personalized Campaign Ads| newspaper = The Washington Post| date = September 7, 2007| url = https://www.washingtonpost.com/wp-dyn/content/article/2007/09/07/AR2007090701573_pf.html| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214442/https://www.washingtonpost.com/wp-dyn/content/article/2007/09/07/AR2007090701573_pf.html| url-status = live}}</ref> Negative advertising is seen as effective because "the messages tend to stick."<ref name=tws30sep04>{{cite news| author = Howard Kurtz| title = Campaign on Television People May Dislike Attack Ads, but the Messages Tend to Stick| newspaper = The Washington Post| date = January 6, 2008| url = https://www.washingtonpost.com/wp-dyn/content/article/2008/01/05/AR2008010502196.html| access-date = September 30, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214437/https://www.washingtonpost.com/wp-dyn/content/article/2008/01/05/AR2008010502196.html| url-status = live}}</ref> These advertisements sour the public on the political process in general as most members of Congress seek to avoid blame.<ref name=tws2010Sep11piiu>{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |title=The American Congress (Fourth Edition) |publisher=Cambridge University Press |page=21 |year=2006 |isbn=9781139446990 |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |access-date=September 11, 2010 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214442/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live }}</ref> One wrong decision or one damaging television image can mean defeat at the next election, which leads to a culture of risk avoidance, a need to make policy decisions behind closed doors,<ref name=tws2010Sep11piiu/><ref>{{Cite book|url=http://www.oecd.org/cleangovbiz/toolkit/50101671.pdf|title=Lobbying: influencing decision making with transparency and integrity|publisher=[[Organisation for Economic Co-operation and Development]] (OECD)|year=2012|access-date=March 30, 2019|archive-date=April 11, 2019|archive-url=https://web.archive.org/web/20190411233431/http://www.oecd.org/cleangovbiz/toolkit/50101671.pdf|url-status=live}}</ref> and concentrating publicity efforts in the members' home districts.<ref name=tws2010Sep11t14dd1/>

====Perceptions====
[[File:An Advertisement of The Federalist - Project Gutenberg eText 16960.jpg|thumb|alt=Ad for the Federalist.|''[[The Federalist Papers]]'', which argued in favor of a strong connection between citizens and their representatives]]
Prominent [[Founding Fathers of the United States|Founding Fathers]], writing in ''[[The Federalist Papers]]'', felt that elections were essential to liberty, that a bond between the people and the representatives was particularly essential,<ref name=tws01oct>{{cite news| author = Alexander Hamilton or James Madison| title = The Federalist Paper No. 52| date = February 8, 1788| url = http://en.wikisource.org/wiki/The_Federalist_(Dawson)/52| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214447/https://en.wikisource.org/wiki/The_Federalist_%28Dawson%29/52| url-status = live}}</ref> and that "frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectually secured."<ref name="tws01oct"/> In 2009, few Americans were familiar with leaders of Congress.<ref name=tws01oct01>{{cite news| title = Congress' Approval Rating at Lowest Point for Year| work = Reuters| date = September 2, 2009| url = https://www.reuters.com/article/pressRelease/idUS95973+02-Sep-2009+BW20090902| access-date = October 1, 2009|url-status = dead| archive-url = https://web.archive.org/web/20090905170136/http://www.reuters.com/article/pressRelease/idUS95973+02-Sep-2009+BW20090902| archive-date = September 5, 2009| df = mdy-all}}</ref><ref name=tws01oct06>{{cite news| title = The Congress: Makings of the 72nd (Cont.)| newspaper = Time| date = September 22, 1930| url = http://www.time.com/time/magazine/article/0,9171,740313,00.html| access-date = October 1, 2009| archive-date = August 27, 2013| archive-url = https://web.archive.org/web/20130827230254/http://www.time.com/time/magazine/article/0,9171,740313,00.html| url-status = dead}}</ref><ref name=tws01oct18>{{cite news| author = Jonathan Peterson| title = Confident Clinton Lends Hand to Congress Candidates| newspaper = Los Angeles Times| date = October 21, 1996| url = https://www.latimes.com/archives/la-xpm-1996-10-21-mn-56229-story.html| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214433/https://www.latimes.com/archives/la-xpm-1996-10-21-mn-56229-story.html| url-status = live}}</ref> The percentage of Americans eligible to vote who did, in fact, vote was 63% in 1960, but has been falling since, although there was a slight upward trend in the 2008 election.<ref name=DCMacnutsSuperCoolTool05>{{cite news | title = References about diffname}}
*{{cite news| title = The Congress: Makings of the 72nd (Cont.)| newspaper = Time| date = September 22, 1930| url = http://www.time.com/time/magazine/article/0,9171,740313,00.html| access-date = October 1, 2009| archive-date = August 27, 2013| archive-url = https://web.archive.org/web/20130827230254/http://www.time.com/time/magazine/article/0,9171,740313,00.html| url-status = dead}}
*{{cite news| author = Maki Becker| title = Informed Opinions on Today's Topics – Looking for Answers to Voter Apathy| newspaper = Los Angeles Times| date = June 17, 1994| url = https://www.latimes.com/archives/la-xpm-1994-06-17-me-5121-story.html| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214429/https://www.latimes.com/archives/la-xpm-1994-06-17-me-5121-story.html| url-status = live}}
*{{cite news| author = Daniel Brumberg| title = America's Re-emerging Democracy| newspaper = The Washington Post| date = October 30, 2008| url = http://newsweek.washingtonpost.com/postglobal/needtoknow/2008/10/america_our_re-emerging_democr.html| access-date = October 1, 2009| archive-date = October 10, 2017| archive-url = https://web.archive.org/web/20171010130104/http://newsweek.washingtonpost.com/postglobal/needtoknow/2008/10/america_our_re-emerging_democr.html| url-status = live}}
*{{cite news| author = Karen Tumulty| author-link = Karen Tumulty| title = Congress Must Now Make Own Painful Choices| newspaper = Los Angeles Times| date = July 8, 1986| url = https://www.latimes.com/archives/la-xpm-1986-07-08-mn-22496-story.html| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214440/https://www.latimes.com/archives/la-xpm-1986-07-08-mn-22496-story.html| url-status = live}}
*{{cite news| author = Janet Hook| title = As U.S. Economy Flows, Voter Vitriol Ebbs| newspaper = Los Angeles Times| date = December 22, 1997| url = https://www.latimes.com/archives/la-xpm-1997-dec-22-mn-1214-story.html| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214457/https://www.latimes.com/archives/la-xpm-1997-dec-22-mn-1214-story.html| url-status = live}}</ref> [[Public opinion polls]] asking people if they approve of the job Congress is doing have, in the last few decades, hovered around 25% with some variation.<ref name=tws2010Sep11t14cc/><ref name="tws28sep01">{{cite news |date=January 9, 2008 |title=Congress gets $4,100 pay raise |url=https://www.usatoday.com/news/washington/2008-01-09-Raise-me_N.htm |url-status=dead |archive-url=https://web.archive.org/web/20210114214514/https://usatoday30.usatoday.com/news/washington/2008-01-09-Raise-me_N.htm |archive-date=January 14, 2021 |access-date=September 28, 2009 |newspaper=USA Today |agency=Associated Press}}</ref><ref name=tws08oct01>{{cite news| author = Gallup Poll/Newsweek| title = Congress and the Public: Congressional Job Approval Ratings Trend (1974–present)| publisher = The Gallup Organization| date = October 8, 2009| url = http://www.gallup.com/poll/1600/Congress-Public.aspx| access-date = October 8, 2009| archive-date = August 7, 2013| archive-url = https://web.archive.org/web/20130807115601/http://www.gallup.com/poll/1600/Congress-Public.aspx| url-status = live}}</ref><ref name=DCMacnutsSuperCoolTool01>{{cite news | title = References about low approval ratings}}
*{{cite news| title = Congress' Approval Rating Jumps to 31%| publisher = Gallup| date = February 17, 2009| url = http://www.gallup.com/poll/114670/Congress-Approval-Rating-Jumps.aspx| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214658/https://news.gallup.com/poll/114670/Congress-Approval-Rating-Jumps.aspx| url-status = live}}
*{{cite news| title = Congress' Approval Rating at Lowest Point for Year| work = Reuters| date = September 2, 2009| url = https://www.reuters.com/article/pressRelease/idUS95973+02-Sep-2009+BW20090902| access-date = October 1, 2009| url-status = dead| archive-url = https://web.archive.org/web/20090905170136/http://www.reuters.com/article/pressRelease/idUS95973+02-Sep-2009+BW20090902| archive-date = September 5, 2009| df = mdy-all}}
*{{cite news| author = John Whitesides| title = Bush, Congress at record low ratings: Reuters poll| work = Reuters| date = September 19, 2007| url = https://www.reuters.com/article/politicsNews/idUSN1844140220070919| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214501/https://www.reuters.com/article/politicsNews/idUSN1844140220070919| url-status = live}}
*{{cite news| author = Seung Min Kim| title = Poll: Congress' job approval at 31%| newspaper = USA Today| date = February 18, 2009| url = https://www.usatoday.com/news/washington/2009-02-17-congress-poll_N.htm| access-date = October 1, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214526/https://usatoday30.usatoday.com/news/washington/2009-02-17-congress-poll_N.htm| url-status = live}}</ref><ref name=twsSEPnn5454>{{cite news| author = interview by David Schimke| title = Presidential Power to the People – Author Dana D. Nelson on why democracy demands that the next president be taken down a notch| newspaper = Utne Reader| date = September–October 2008| url = http://www.utne.com/2008-09-01/Politics/Presidential-Power-to-the-People.aspx| access-date = September 20, 2009| archive-date = January 15, 2013| archive-url = https://web.archive.org/web/20130115173810/http://www.utne.com/2008-09-01/Politics/Presidential-Power-to-the-People.aspx| url-status = live}}</ref><ref name=tws01oct10>{{cite news| author = Guy Gugliotta| title = Politics In, Voter Apathy Out Amid Heavy Turnout| newspaper = The Washington Post| date = November 3, 2004| url = https://www.washingtonpost.com/wp-dyn/articles/A20054-2004Nov2.html| access-date = October 1, 2009| archive-date = October 14, 2017| archive-url = https://web.archive.org/web/20171014054349/http://www.washingtonpost.com/wp-dyn/articles/A20054-2004Nov2.html| url-status = live}}</ref><ref name=tws01oct20>{{cite news| agency = Associated Press| title = Voter Turnout Rate Said to Be Highest Since 1968| newspaper = The Washington Post| date = December 15, 2008| url = https://www.washingtonpost.com/wp-dyn/content/article/2008/12/14/AR2008121402295.html| access-date = October 1, 2009| archive-date = October 14, 2017| archive-url = https://web.archive.org/web/20171014054354/http://www.washingtonpost.com/wp-dyn/content/article/2008/12/14/AR2008121402295.html| url-status = live}}</ref> Scholar Julian Zeliger suggested that the "size, messiness, virtues, and vices that make Congress so interesting also create enormous barriers to our understanding the institution{{spaces}}... Unlike the presidency, Congress is difficult to conceptualize."<ref name=tws2010Sep11t14dd3>{{cite news |editor= Julian E. Zelizer |title= The American Congress: The Building of Democracy |publisher= Houghton Mifflin Company |page= xiv–xv |year= 2004 |isbn= 0-618-17906-2 |url= https://books.google.com/books?id=_MGEIIwT5pUC&q=Zelizer+Julian+2004+American+Congress+The+Building+of+Democracy |access-date= September 11, 2010 |archive-date= October 19, 2017 |archive-url= https://web.archive.org/web/20171019131704/https://books.google.com/books?id=_MGEIIwT5pUC |url-status= live }}</ref> Other scholars suggest that despite the criticism, "Congress is a remarkably resilient institution{{spaces}}... its place in the political process is not threatened{{spaces}}... it is rich in resources" and that most members behave ethically.<ref name="tws2010Sep11rtww" /> They contend that "Congress is easy to dislike and often difficult to defend" and this perception is exacerbated because many challengers running for Congress run ''against'' Congress, which is an "old form of American politics" that further undermines Congress's reputation with the public:<ref name=tws2010Sep11t14cc/>

{{blockquote|The rough-and-tumble world of legislating is not orderly and civil, human frailties too often taint its membership, and legislative outcomes are often frustrating and ineffective{{spaces}}... Still, we are not exaggerating when we say that Congress is essential to American democracy. We would not have survived as a nation without a Congress that represented the diverse interests of our society, conducted a public debate on the major issues, found compromises to resolve conflicts peacefully, and limited the power of our executive, military, and judicial institutions{{spaces}}... The popularity of Congress ebbs and flows with the public's confidence in government generally{{spaces}}... the legislative process is easy to dislike{{snd}}it often generates political posturing and grandstanding, it necessarily involves compromise, and it often leaves broken promises in its trail. Also, members of Congress often appear self-serving as they pursue their political careers and represent interests and reflect values that are controversial. Scandals, even when they involve a single member, add to the public's frustration with Congress and have contributed to the institution's low ratings in opinion polls.|Smith, Roberts & Wielen<ref name=tws2010Sep11t14cc/>}}

An additional factor that confounds public perceptions of Congress is that congressional issues are becoming more technical and complex and require expertise in subjects such as science, engineering and economics.<ref name=tws2010Sep11t14cc/> As a result, Congress often cedes authority to experts at the executive branch.<ref name=tws2010Sep11t14cc/>

Since 2006, Congress has dropped ten points in the Gallup confidence poll with only nine percent having "a great deal" or "quite a lot" of confidence in their legislators.<ref>{{cite news |last=Norman |first=Jim |url=http://www.gallup.com/poll/192581/americans-confidence-institutions-stays-low.aspx |title=Americans' Confidence in Institutions Stays Low |publisher=Gallup |date=June 13, 2016 |access-date=June 14, 2016 |archive-date=January 14, 2021 |archive-url=https://web.archive.org/web/20210114214515/https://news.gallup.com/poll/192581/americans-confidence-institutions-stays-low.aspx |url-status=live }}</ref> Since 2011, [[Gallup poll]] has reported Congress's approval rating among Americans at 10% or below three times.<ref name="blogs.wsj.com"/><ref name="firstread.nbcnews.com"/> Public opinion of Congress plummeted further to 5% in October 2013 after parts of the U.S. government deemed 'nonessential government' shut down.<ref name=voa5congress>{{cite news|title=White House: Republicans Will 'Do the Right Thing'|url=http://www.voanews.com/content/poll-us-congressional-approval-at-5-percent/1765911.html|access-date=October 10, 2013|publisher=Voice of America|date=October 9, 2013|archive-date=March 5, 2016|archive-url=https://web.archive.org/web/20160305013339/http://www.voanews.com/content/poll-us-congressional-approval-at-5-percent/1765911.html|url-status=live}}</ref>

===Smaller states and bigger states===
When the Constitution was ratified in 1787, the ratio of the populations of large states to small states was roughly twelve to one. The [[Connecticut Compromise]] gave every state, large and small, an equal vote in the Senate.<ref name=tws10janx01>{{cite web|title= Roger Sherman and The Connecticut Compromise|publisher= Connecticut Judicial Branch: Law Libraries|date= January 10, 2010|url= http://www.jud.ct.gov/lawlib/History/Sherman.htm|access-date= January 10, 2010|archive-date= January 17, 2010|archive-url= https://web.archive.org/web/20100117094525/http://www.jud.ct.gov/lawlib/History/Sherman.htm|url-status= live}}</ref> Since each state has two senators, residents of smaller states have more clout in the Senate than residents of larger states. But since 1787, the population disparity between large and small states has grown; in 2006, for example, [[California]] had seventy times the population of [[Wyoming]].<ref name=tws10janx334>{{cite news|author=Cass R. Sunstein |title=It Could Be Worse |newspaper=The New Republic |date=October 26, 2006 |url=http://www.powells.com/review/2006_10_26.html |access-date=January 10, 2010 |url-status = dead|archive-url=https://web.archive.org/web/20100730041548/http://www.powells.com/review/2006_10_26.html |archive-date=July 30, 2010 }}</ref> Critics, such as constitutional scholar [[Sanford Levinson]], have suggested that the population disparity works against residents of large states and causes a steady redistribution of resources from "large states to small states".<ref name=twsSEPnn81>{{cite news|author=Robert Justin Lipkin |title=Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People can Correct It) |publisher=Widener University School of Law |date=January 2007 |url=http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/levinson0107.htm |access-date=September 20, 2009 |url-status = dead|archive-url=https://web.archive.org/web/20090925161026/http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/levinson0107.htm |archive-date=September 25, 2009 }}</ref><ref name=tws10janx09>{{cite news|author= Sanford Levinson|title= Our Undemocratic Constitution|page= 60|year= 2006|publisher= Oxford University Press|isbn= 9780195345612|url= https://books.google.com/books?id=ZHQ8z2MAZToC&q=small+states|access-date= January 10, 2010|archive-date= January 14, 2021|archive-url= https://web.archive.org/web/20210114214453/https://books.google.com/books?id=ZHQ8z2MAZToC&q=small+states|url-status= live}}</ref><ref name=twsSEPnn90>{{cite news| first1= Richard |last1=Labunski |first2=Dan |last2=Schwartz| title = Time for a Second Constitutional Convention?| publisher = Policy Today| date = October 18, 2007| url = http://www.policytoday.com/index.php?option=com_content&task=view&id=258&Itemid=148| access-date = September 20, 2009| archive-date = November 20, 2009| archive-url = https://web.archive.org/web/20091120072907/http://www.policytoday.com/index.php?option=com_content&task=view&id=258&Itemid=148| url-status = dead }}</ref> Others argue that the Connecticut Compromise was deliberately intended by the Founding Fathers to construct the Senate so that each state had equal footing not based on population,<ref name=tws10janx01/> and contend that the result works well on balance.

===Members and constituents===
A major role for members of Congress is providing services to [[constituency|constituents]].<ref>Charles L. Clapp, ''The Congressman, His Work as He Sees It'' (Washington, D.C.: The Brookings Institution, 1963), p. 55; cf. pp. 50–55, 64–66, 75–84.</ref> Constituents request assistance with problems.<ref>''Congressional Quarterly Weekly Report'' 35 (September 3, 1977): 1855. English, ''op. cit''., pp. 48–49, notes that members will also regularly appear at local events in their home district, and will maintain offices in the home [[congressional district]] or state.</ref> Providing services helps members of Congress win votes and elections<ref name=tws2010Sep11ii>{{cite news |author= Susan Page |title= 5 keys to who will control Congress: How immigration, gas, Medicare, Iraq and scandal could affect midterm races |newspaper= USA Today |date= May 9, 2006 |url= https://www.usatoday.com/educate/college/polisci/articles/20060514.htm |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214502/https://usatoday30.usatoday.com/educate/college/polisci/articles/20060514.htm |url-status= live }}</ref><ref name=tws2010Sep11hh>{{cite news |author= Robert Preer |title= Two Democrats in Senate race stress constituent services |newspaper= Boston Globe |date= August 15, 2010 |url= https://www.boston.com/news/local/massachusetts/articles/2010/08/15/quincy_democrats_keenan_and_tobin_stress_service_in_race_for_state_senate/?rss_id=Boston.com+--+Massachusetts+news |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214444/http://archive.boston.com/news/local/massachusetts/articles/2010/08/15/quincy_democrats_keenan_and_tobin_stress_service_in_race_for_state_senate/?rss_id=Boston.com+--+Massachusetts+news |url-status= live }}</ref><ref name=tws2010Sep11jj>{{cite news |author= Daniel Malloy |title= Incumbents battle association with stimulus, Obama |newspaper= Pittsburgh Post-Gazette |date= August 22, 2010 |url= http://www.post-gazette.com/pg/10234/1081868-176.stm |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214448/https://old.post-gazette.com/pg/10234/1081868-176.stm |url-status= live }}</ref> and can make a difference in close races.<ref name=tws2010Sep11kk>{{cite news |author= Amy Gardner |title= Wolf's Decisive Win Surprised Even the GOP |newspaper= The Washington Post |date= November 27, 2008 |url= https://www.washingtonpost.com/wp-dyn/content/article/2008/11/24/AR2008112403399.html |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214522/https://www.washingtonpost.com/wp-dyn/content/article/2008/11/24/AR2008112403399.html |url-status= live }}</ref> Congressional staff can help citizens navigate government bureaucracies.<ref name=tws2010Sep11t14aa/> One academic described the complex intertwined relation between lawmakers and constituents as ''home style''.<ref name=tws2010Sep11t14bb>{{cite news |editor= William T. Blanco |title= Congress on display, Congress at work |publisher= University of Michigan |year= 2000 |isbn= 0-472-08711-8 |url= https://books.google.com/books?id=ITudab2zD_cC&q=Congress+on+Display,+Congress+at+Work |access-date= September 11, 2010 |archive-date= January 14, 2021 |archive-url= https://web.archive.org/web/20210114214551/https://books.google.com/books?id=ITudab2zD_cC&q=Congress+on+Display%2C+Congress+at+Work |url-status= live }}</ref>{{rp|8}}

===Motivation===
One way to categorize lawmakers, according to former [[University of Rochester]] political science professor [[Richard Fenno]], is by their general motivation:

# Reelection: These are lawmakers who "never met a voter they didn't like" and provide excellent constituent services.
# Good public policy: Legislators who "burnish a reputation for policy expertise and leadership".
# Power in the chamber: Lawmakers who spend serious time along the "rail of the House floor or in the Senate cloakroom ministering to the needs of their colleagues". Famous legislator [[Henry Clay]] in the mid-19th century was described as an "issue entrepreneur" who looked for issues to serve his ambitions.<ref name=tws2010Sep11t14bb/>{{rp|34}}

==Privileges==
{{See also|United States House of Representatives#Salary and benefits|United States Senate#Salary and benefits}}

=== Outside income and gifts ===
{{See also|Revolving door (politics)|Supreme Court of the United States#Ethics|McDonnell v. United States}}

Representative [[Jim Cooper]] of [[Tennessee]] told Harvard professor [[Lawrence Lessig]] that a chief problem with Congress was that members focused on their future careers as lobbyists after serving{{snd}}that Congress was a "[[Farm team|Farm League]] for [[K Street (Washington, D.C.)|K{{spaces}}Street]]".<ref name="twsDecM9009">{{cite news |last=Lessig |first=Lawrence |date=February 8, 2010 |title=How to Get Our Democracy Back |url=https://www.cbsnews.com/news/how-to-get-our-democracy-back/ |url-status=live |archive-url=https://web.archive.org/web/20130120164507/http://www.cbsnews.com/2100-215_162-6186201.html?pageNum=2 |archive-date=January 20, 2013 |access-date=December 14, 2011 |publisher=CBS News}}</ref><ref name="twsDecMuyy">{{cite news |last=Lessig |first=Lawrence |date=November 16, 2011 |title=Republic, Lost: How Money Corrupts Congress – and a Plan to Stop It |url=https://www.youtube.com/watch?v=Ik1AK56FtVc |url-status=live |archive-url=https://web.archive.org/web/20131205212035/http://www.youtube.com/watch?v=Ik1AK56FtVc |archive-date=December 5, 2013 |access-date=December 13, 2011 |publisher=Google, YouTube, The Huffington Post |quote=(see 30:13 minutes into the video)}}</ref> Family members of active legislators have also been hired by lobbying firms, which while not allowed to lobby their family member, has drawn criticism as a conflict of interest.<ref>{{Cite web |last=Attkisson |first=Sharyl |date=2010-06-25 |title=Family Ties Bind Federal Lawmakers to Lobbyists - CBS News |url=https://www.cbsnews.com/news/family-ties-bind-federal-lawmakers-to-lobbyists/ |access-date=2024-05-15 |website=www.cbsnews.com |language=en-US}}</ref>

Members of congress have been accused of [[insider trading]], such as in the [[2020 congressional insider trading scandal]], where members of congress or their family members have traded on stocks related to work on their committees.<ref>{{Cite news |last1=Parlapiano |first1=Alicia |last2=Playford |first2=Adam |last3=Kelly |first3=Kate |last4=Uz |first4=Ege |date=2022-09-13 |title=These 97 Members of Congress Reported Trades in Companies Influenced by Their Committees |url=https://www.nytimes.com/interactive/2022/09/13/us/politics/congress-members-stock-trading-list.html |access-date=2024-05-15 |work=The New York Times |language=en-US |issn=0362-4331}}</ref> One 2011 study concluded that portfolios of members of congress outperformed both the market and hedge funds, which the authors suggested as evidence of insider trading.<ref>{{Cite news |last=Schwartz |first=John |date=2011-07-09 |title=Not-So-Representative Investors |url=https://www.nytimes.com/2011/07/10/business/mutfund/congressional-portfolios-outpacing-the-market-essay.html |access-date=2024-05-15 |work=The New York Times |language=en-US |issn=0362-4331}}</ref> Proposed solutions include putting stocks in blind trusts to prevent future insider trading.<ref>{{Cite web |last1=Vitali |first1=Ali |last2=Tsirkin |first2=Julie |last3=Talbot |first3=Haley |date=2022-02-08 |title=Stock ban proposed for Congress to stop insider trading among lawmakers |url=https://www.nbcnews.com/politics/congress/stock-ban-proposed-congress-stop-insider-trading-lawmakers-rcna14731 |access-date=2024-05-15 |website=NBC News |language=en}}</ref>

Some members of congress have gone on lavish trips paid for by outside groups, sometimes bringing family members, which are often legal even if in an ethical gray area.<ref>{{Cite web |last=Leonard |first=Kimberly |title=An $84,000 trip to Qatar and a $41,000 retreat in Miami: Members of Congress are going on expensive travels paid for by private groups where some bring their loved ones |url=https://www.businessinsider.com/members-of-congress-going-lavish-trips-paid-by-interest-groups-2021-7 |access-date=2024-05-15 |website=Business Insider |language=en-US}}</ref><ref>{{Cite news |last=House |first=Billy |date=March 18, 2023 |title=US Lawmakers Resume Globe Trotting Paid by Special Interests |url=https://www.bloomberg.com/news/articles/2023-03-18/us-lawmakers-resume-global-travel-paid-by-special-interest-groups |work=Bloomberg}}</ref>

===Pay===
{{See also|Salaries of members of the United States Congress||}}

Some critics complain congressional pay is high compared with a median American [[Household income in the United States|income]].<ref>{{Cite news |last=Lee |first=Timothy B. |date=September 19, 2013 |title=This chart shows why members of Congress really should earn more than $172,000 |url=https://www.washingtonpost.com/news/wonk/wp/2013/09/19/this-chart-shows-why-members-of-congress-really-should-earn-more-than-172000/ |access-date=May 17, 2024 |newspaper=The Washington Post}}</ref> Others have countered that congressional pay is consistent with other [[Federal government of the United States|branches of government]].<ref name="tws28sep01" /> Another criticism is that members of Congress are insulated from the [[Health insurance marketplace|health care market]] due to their coverage.<ref>{{cite news |last=Lui |first=Kevin |date=March 17, 2017 |title=A Petition to Remove Health Care Subsidies From Members of Congress Has Nearly 500000 Signatures |url=https://time.com/4704824/petition-remove-congress-health-care-subsidies/ |url-status=live |archive-url=https://web.archive.org/web/20210114214522/https://time.com/4704824/petition-remove-congress-health-care-subsidies/ |archive-date=January 14, 2021 |access-date=May 22, 2018 |magazine=Time Magazine |location=Washington D.C.}}</ref> Others have criticized the wealth of members of Congress.<ref name="tws01oct40" /><ref name="tws01oct32" /> In January 2014, it was reported that for the first time over half of the members of Congress were millionaires.<ref>{{cite news |last=Lipton |first=Eric |date=January 9, 2014 |title=Half of Congress Members Are Millionaires, Report Says |url=https://www.nytimes.com/2014/01/10/us/politics/more-than-half-the-members-of-congress-are-millionaires-analysis-finds.html?_r=0 |url-status=live |archive-url=https://web.archive.org/web/20210114214454/https://www.nytimes.com/2014/01/10/us/politics/more-than-half-the-members-of-congress-are-millionaires-analysis-finds.html?_r=0 |archive-date=January 14, 2021 |access-date=January 11, 2014 |newspaper=The New York Times}}</ref> Congress has been criticized for trying to conceal pay raises by slipping them into a large bill at the last minute.<ref name="tws28sep02">{{cite news |year=1998 |title=A Quiet Raise – Congressional Pay – special report |url=https://www.washingtonpost.com/wp-srv/politics/special/pay/pay.htm |url-status=live |archive-url=https://web.archive.org/web/20210114214507/https://www.washingtonpost.com/wp-srv/politics/special/pay/pay.htm |archive-date=January 14, 2021 |access-date=February 23, 2015 |newspaper=The Washington Post}}</ref>

Members elected since 1984 are covered by the [[Federal Employees Retirement System]] (FERS). Like other federal employees, congressional retirement is funded through taxes and participants' contributions. Members of Congress under FERS contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. And like federal employees, members contribute one-third of the cost of health insurance with the government covering the other two-thirds.<ref>{{Cite news |last=Scott |first=Walter |date=April 25, 2010 |title=Personality Parade column:Q. Does Congress pay for its own health care? |publisher=Parade |location=New York, NY |page=2}}</ref> The size of a congressional pension depends on the years of service and the average of the highest three years of their salary. By law, the starting amount of a member's retirement annuity may not exceed 80% of their final salary. In 2018, the average annual pension for retired senators and representatives under the [[Civil Service Retirement System]] (CSRS) was $75,528, while those who retired under FERS, or in combination with CSRS, was $41,208.<ref>[https://crsreports.congress.gov/product/pdf/RL/RL30631 Retirement Benefits for Members of Congress] {{Webarchive|url=https://web.archive.org/web/20221014010935/https://crsreports.congress.gov/product/pdf/RL/RL30631|date=October 14, 2022}}  (PDF). [[Congressional Research Service]], August 8, 2019.</ref>

Members of Congress make fact-finding missions to learn about other countries and stay informed, but these outings can cause controversy if the trip is deemed excessive or unconnected with the task of governing. For example, ''The Wall Street Journal'' reported in 2009 that lawmaker trips abroad at taxpayer expense had included spas, $300-per-night extra unused rooms, and shopping excursions.<ref name="tws17decaafds">{{cite news |author1=Brody Mullins |author2=T.W. Farnam |name-list-style=amp |date=December 17, 2009 |title=Congress Travels More, Public Pays: Lawmakers Ramp Up Taxpayer-Financed Journeys; Five Days in Scotland |url=https://www.wsj.com/articles/SB126092430041092995?mod=rss_com_mostcommentart |url-status=live |archive-url=https://web.archive.org/web/20210114214521/https://www.wsj.com/articles/SB126092430041092995?mod=rss_com_mostcommentart |archive-date=January 14, 2021 |access-date=December 17, 2009 |newspaper=The Wall Street Journal}}</ref> Some lawmakers responded that "traveling with spouses compensates for being away from them a lot in Washington" and justify the trips as a way to meet officials in other nations.<ref name="tws17decaafds" />

By the [[Twenty-seventh Amendment to the United States Constitution|Twenty-seventh Amendment]], changes to congressional pay may not take effect before the next election to the House of the Representatives.<ref name=":0">{{Cite web |title=Constitutional Amendments – Amendment 27 – "Financial Compensation for the Congress" |url=https://www.reaganlibrary.gov/constitutional-amendments-amendment-27-financial-compensation-congress |access-date=2024-05-17 |website=Ronald Reagan |language=en}}</ref> In ''Boehner v. Anderson'', the [[United States Court of Appeals for the District of Columbia Circuit]] ruled that the amendment does not affect [[Cost-of-living index|cost-of-living adjustments]].<ref>30 [[Federal Reporter|F.3d]] 156 (D.C. Cir. 1994)</ref><ref name=":0" />

===Postage===
The [[franking]] privilege allows members of Congress to send official mail to constituents at government expense. Though they are not permitted to send election materials, borderline material is often sent, especially in the run-up to an election by those in close races.<ref>English (2003), pp. 24–25</ref><ref>{{cite news |author=Simpson, G. R. |date=October 22, 1992 |title=Surprise! Top Frankers Also Have the Stiffest Challenges |publisher=Roll Call}}</ref> Some academics consider free mailings as giving incumbents a big advantage over challengers.<ref name="incumbent" />{{Failed verification|date=February 2019}}<ref name="tws2010Sep11qaazzx">{{cite news |author1=Steven S. Smith |author2=Jason M. Roberts |author3=Ryan J. Vander Wielen |year=2006 |title=The American Congress (Fourth Edition) |url=https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith,+Steven+S.,+Jason+M.+Roberts,+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |url-status=live |archive-url=https://web.archive.org/web/20210114214329/https://books.google.com/books?id=fWpE_HxuxVEC&q=Smith%2C+Steven+S.%2C+Jason+M.+Roberts%2C+and+Ryan+Vander+Wielen+%282007%29.+The+American+Congress |archive-date=January 14, 2021 |access-date=September 11, 2010 |publisher=Cambridge University Press |page=79 |isbn=9781139446990}}</ref>

===Protection===
Members of Congress enjoy [[parliamentary privilege]], including [[Parliamentary immunity|freedom from arrest]] in all cases except for [[treason]], [[felony]], and [[breach of the peace]], and [[freedom of speech]] in debate. This constitutionally derived [[Congressional immunity|immunity]] applies to members during sessions and when traveling to and from sessions.<ref>Davidson (2006), p. 17</ref> The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of [[Police|law enforcement]], including [[Summons|court summons]] and [[subpoena]]s. The rules of the House strictly guard this privilege; a member may not waive the privilege on their own but must seek the permission of the whole house to do so. Senate rules are less strict and permit individual senators to waive the privilege as they choose.<ref>{{cite web |title=Rules Of The Senate {{!}} U.S. Senate Committee on Rules & Administration |url=https://www.rules.senate.gov/rules-of-the-senate |website=www.rules.senate.gov |access-date=30 September 2022 |language=en |archive-date=December 30, 2017 |archive-url=https://archive.today/20171230230509/https://www.rules.senate.gov/rules-of-the-senate |url-status=live }}</ref>

The Constitution guarantees absolute freedom of debate in both houses, providing in the [[Speech or Debate Clause]] of the Constitution that "for any Speech or Debate in either House, they shall not be questioned in any other Place." Accordingly, a member of Congress may not be sued in court for [[slander]] because of remarks made in either house, although each house has its own rules restricting offensive speeches, and may punish members who transgress.<ref>{{cite journal |title=Congressional Immunity |url=https://library.cqpress.com/cqresearcher/document.php?id=cqresrre1952042500 |website=CQ Press | date=1952 | doi=10.4135/cqresrre1952042500 |access-date=16 January 2021 |archive-date=January 25, 2021 |archive-url=https://web.archive.org/web/20210125212828/https://library.cqpress.com/cqresearcher/document.php?id=cqresrre1952042500 |url-status=live | last1=Brewer | first1=F.M. }}</ref>

Obstructing the work of Congress is a crime under [[federal law]] and is known as [[contempt of Congress]]. Each member has the power to cite people for contempt but can only issue a contempt citation{{snd}}the judicial system pursues the matter like a normal criminal case. If convicted in court of contempt of Congress, a person may be imprisoned for up to one year.<ref>{{Cite web |url=https://www.proquest.com/docview/1296619169 |url-access=registration |title=Contempt of Congress |date=January 1, 1957 |website=[[HeinOnline]] |publisher=[[The Jurist (journal)|The Jurist]] |language=en |volume=17 |id={{ProQuest|1296619169}} |access-date=September 7, 2020 |url-status=live |archive-url=https://web.archive.org/web/20210114214434/https://search.proquest.com/docview/1296619169 |archive-date=January 14, 2021}}</ref>

==See also==
*[[Caucuses of the United States Congress]]
*[[Congressional Archives]]
*[[Current members of the United States House of Representatives]]
*[[Current members of the United States Senate]]
*{{section link|Elections in the United States|Congressional elections}}
*[[List of United States Congresses]]
*{{slink|Oath of office|United States}}
*[[Radio and Television Correspondents' Association]]
*[[United States Congress Joint Select Committee on Deficit Reduction]]
*[[United States Congressional Baseball Game]]
*[[United States congressional hearing]]
*[[United States presidents and control of Congress]]

==Notes==
{{Reflist|group=note}}
{{notelist}}

==Citations==
{{reflist}}

==References==
{{Refbegin|30em}}
*{{cite magazine| title = How To Clean Up The Mess From Inside The System, A Plea – And A Plan – To Reform Campaign Finance Before It's Too| magazine = Newsweek| date = October 28, 1996| url = http://www.newsweek.com/id/103143| access-date = September 20, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214440/https://www.newsweek.com/how-clean-mess-179116| url-status = live}}
*{{cite web| title = The Constitution and the Idea of Compromise| publisher = PBS| date = October 10, 2009| url = https://www.pbs.org/georgewashington/classroom/index2.html| access-date = October 10, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214539/https://www.pbs.org/retired-site/| url-status = live}}
*{{cite news| author = Alexander Hamilton| title = Federalist No. 15 – The Insufficiency of the Present Confederation to Preserve the Union| publisher = FoundingFathers.info| year = 1788| url = http://www.foundingfathers.info/federalistpapers/fed15.htm| access-date = October 10, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214331/http://www.foundingfathers.info/federalistpapers/fed15.htm| url-status = live}}
*{{cite book | editor1 =Bacon, Donald C.|editor2= Davidson, Roger H.|editor3= Keller, Morton|title=Encyclopedia of the United States Congress (4 vols.) |year=1995 |publisher=Simon & Schuster}}
*{{cite book |author1=Collier, Christopher |author2=Collier, James Lincoln |name-list-style=amp |title=Decision in Philadelphia: The Constitutional Convention of 1787 |year=1986 |publisher=Ballantine Books |isbn=0-394-52346-6}}
*{{cite book |author1=Davidson, Roger H. |author2=Walter J. Oleszek |name-list-style=amp |title=Congress and Its Members |url=https://archive.org/details/congressitsmembe0010davi |url-access=registration |year=2006 |edition=10th |publisher=Congressional Quarterly (CQ) Press |isbn=0-87187-325-7 }} (Legislative procedure, informal practices, and other information)
*{{cite book |title=The United States Congress |author=English, Ross M. |publisher=Manchester University Press |year=2003 |isbn=0-7190-6309-4}}
*{{cite news |author=Francis-Smith, Janice |title=Waging campaigns against incumbents in Oklahoma |publisher=The Oklahoma City Journal Record |date=October 22, 2008 |url=http://findarticles.com/p/articles/mi_qn4182/is_20081022/ai_n30925232/ |access-date=September 20, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20100510101334/http://findarticles.com/p/articles/mi_qn4182/is_20081022/ai_n30925232/ |archive-date=May 10, 2010 }}
*{{cite book |author=Herrnson, Paul S. |title=Congressional Elections: Campaigning at Home and in Washington |year=2004 |publisher=CQ Press |isbn=1-56802-826-1 |url-access=registration |url=https://archive.org/details/congressionalele0004herr }}
*{{cite book| last = Huckabee| first = David C.| title = Reelection Rates of Incumbents| publisher = Novinka Books, an imprint of Nova Science Publishers| year = 2003| location = Hauppauge, New York| page = 21| url = https://books.google.com/books?id=NSFntwPRYmUC&pg=PA21| isbn = 1-59033-509-0| access-date = September 27, 2020| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214543/https://books.google.com/books?id=NSFntwPRYmUC&pg=PA21| url-status = live}}
*{{Cite web|author=Huckabee, David C. – Analyst in American National Government – Government Division |date=March 8, 1995 |title=Reelection rate of House Incumbents 1790–1990 Summary (page 2) |url=http://www.policyarchive.org/handle/10207/bitstreams/265.pdf |archive-url=https://web.archive.org/web/20110429013826/http://www.policyarchive.org/handle/10207/bitstreams/265.pdf |url-status=dead |archive-date=April 29, 2011 |publisher=Congressional Research Service – The Library of Congress |access-date=September 20, 2009 }}
*{{cite news| author = Maier, Pauline (book reviewer)| title = HISTORY – The Framers' Real Motives (book review) Unruly Americans and the Origins of the Constitution book by Woody Holton| newspaper = The Washington Post| date = November 18, 2007| url = https://www.washingtonpost.com/wp-dyn/content/article/2007/11/15/AR2007111502145.html| access-date = October 10, 2009| archive-date = January 14, 2021| archive-url = https://web.archive.org/web/20210114214722/https://www.washingtonpost.com/wp-dyn/content/article/2007/11/15/AR2007111502145.html| url-status = live}}
*{{cite book |author=Oleszek, Walter J. |title=Congressional Procedures and the Policy Process |year=2004 |publisher=CQ Press |isbn=0-87187-477-6 |url=https://archive.org/details/congressionalpro00oles }}
*{{cite book |author=Polsby, Nelson W. |title=How Congress Evolves: Social Bases of Institutional Change |publisher=Oxford University Press |year=2004 |isbn=0-19-516195-5 |url=https://archive.org/details/howcongressevolv00pols_0 }}
*{{cite book |author=Price, David E. |title=The Congressional Experience |url=https://archive.org/details/congressionalexp00pric |url-access=registration |year=2000 |publisher=Westview Press |isbn=0-8133-1157-8 }}
* {{cite journal |last1=Sanbonmatsu |first1=Kira |date=2020 |title=Women's Underrepresentation in the U.S. Congress |url=https://www.amacad.org/publication/womens-underrepresentation-us-congress |journal=Daedalus |volume=149 |pages=40–55 |doi=10.1162/daed_a_01772 |s2cid=209487865 |access-date=6 April 2021 |doi-access=free |archive-date=April 24, 2021 |archive-url=https://web.archive.org/web/20210424132744/https://www.amacad.org/publication/womens-underrepresentation-us-congress |url-status=live | issn=0011-5266}}
*{{cite book |author=Struble, Robert Jr. |title=Chapter seven, Treatise on Twelve Lights |url=http://www.tell-usa.org/totl/07-%20Accountability,%20Efficiency%20&%20Cuts.htm#Committee_autonomy |year=2007 |publisher=TeLL |url-status=dead |archive-url=https://web.archive.org/web/20160414162246/http://www.tell-usa.org/totl/07-%20Accountability%2C%20Efficiency%20%26%20Cuts.htm |archive-date=April 14, 2016 }}
*{{cite book |author=Zelizer, Julian E. |title=The American Congress: The Building of Democracy |year=2004 |publisher=Houghton Mifflin |isbn=0-618-17906-2 |url=https://archive.org/details/americancongress00juli }}
{{Refend}}

==Further reading==
{{Div col|colwidth=30em}}
*Ritchie, Donald A. (2022). ''The U.S. Congress: A Very Short Introduction''. (History, representation, and legislative procedure)
*{{cite book |author1=Smith, Steven S. |author2=Roberts, Jason M. |author3=Vander Wielen, Ryan |title=The American Congress |url=https://archive.org/details/americancongress0000smit |url-access=registration |year=2007 |edition=5th |publisher=Cambridge University Press |isbn=978-0-521-19704-5}} (Legislative procedure, informal practices, and other information)
*Hamilton, Lee H. (2004) ''How Congress Works and Why You Should Care'', Indiana University Press.
*Lee, Frances and Bruce Oppenheimer. (1999). ''Sizing Up the Senate: The Unequal Consequences of Equal Representation''. University of Chicago Press: Chicago. (Equal representation in the Senate)
*''Some information in this article has been provided by the [https://www.senate.gov/history/senate-historical-office.htm Senate Historical Office]''.
{{Div col end}}

==External links==
{{Spoken Wikipedia|Congress.ogg|date=2006-08-04}}
*{{Official website}}
*[https://www.house.gov U.S. House of Representatives]
*[https://www.senate.gov U.S. Senate]

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