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PUBLIC BAR ASSOCIATION

Legislative Branch

Article I: The Power to Make Laws

Established by Article I of the Constitution, the Legislative Branch consists of the House of Representatives and the Senate, which together form the United States Congress. Congress has the sole authority to enact legislation, declare war, and confirm or reject many Presidential appointments.

Current Congressional Leadership (119th Congress)

House of Representatives

R
Speaker of the House Mike Johnson (R-LA)
R
Majority Leader Steve Scalise (R-LA)
D
Minority Leader Hakeem Jeffries (D-NY)
R
Majority Whip Tom Emmer (R-MN)
D
Minority Whip Katherine Clark (D-MA)

United States Senate

PR
President of the Senate J.D. Vance (Vice President)
R
Majority Leader John Thune (R-SD)
D
Minority Leader Chuck Schumer (D-NY)
R
Majority Whip John Barrasso (R-WY)
D
Minority Whip Dick Durbin (D-IL)
R
President Pro Tempore Chuck Grassley (R-IA)

Chamber Breakdown

House of Representatives

  • 435 voting members
  • Representation based on state population
  • Members serve 2-year terms
  • Sole power to initiate revenue bills
  • Sole power to impeach officials
  • Must be 25+ years old, 7+ years a citizen

The Senate

  • 100 Senators (2 per state)
  • Representation is equal for every state
  • Senators serve 6-year terms
  • Sole power to confirm appointments
  • Sole power to ratify treaties
  • Must be 30+ years old, 9+ years a citizen

Current Party Composition

House of Representatives

220 R
215 D
Republicans: 220 Democrats: 215

Majority: 218 seats needed

Senate

53 R
47 D
Republicans: 53 Democrats: 47

Majority: 51 seats needed | Supermajority: 60 seats

How a Bill Becomes a Law

1

Introduction

A bill is introduced in either the House or Senate by a member of Congress.

2

Committee Action

The bill is studied, debated, and voted on in committee.

3

Floor Vote

The full chamber debates and votes. If passed, it goes to the other chamber.

4

Presidential Action

The President signs it into law or vetoes it.

1. Drafting & Sponsorship

Any member can introduce a bill. In the House, bills are dropped in the "hopper." In the Senate, bills are presented from the floor. Bills can have multiple co-sponsors.

2. Committee Review

Bills are referred to relevant committees based on subject matter. Committees hold hearings, call witnesses, and may amend the bill. Many bills "die in committee" and never reach the floor.

3. Floor Debate

In the House, the Rules Committee sets debate terms. In the Senate, debate is unlimited unless cloture is invoked (60 votes). Amendments may be proposed and voted on.

4. Conference Committee

If the House and Senate pass different versions, a conference committee reconciles the differences. Both chambers must pass the identical final version.

5. Presidential Action

The President has 10 days to sign or veto. If vetoed, Congress can override with 2/3 majority in both chambers. A "pocket veto" occurs if Congress adjourns within 10 days.

Key Congressional Committees

House Committees

Ways and Means Chair: Rep. Jason Smith (R-MO)
Appropriations Chair: Rep. Tom Cole (R-OK)
Armed Services Chair: Rep. Mike Rogers (R-AL)
Judiciary Chair: Rep. Jim Jordan (R-OH)
Energy and Commerce Chair: Rep. Brett Guthrie (R-KY)
Financial Services Chair: Rep. French Hill (R-AR)

Senate Committees

Finance Chair: Sen. Mike Crapo (R-ID)
Appropriations Chair: Sen. Susan Collins (R-ME)
Armed Services Chair: Sen. Roger Wicker (R-MS)
Judiciary Chair: Sen. Chuck Grassley (R-IA)
Foreign Relations Chair: Sen. Jim Risch (R-ID)
Banking, Housing, and Urban Affairs Chair: Sen. Tim Scott (R-SC)

Constitutional Powers of Congress

Power of the Purse

Congress controls federal spending and must approve all government expenditures and taxation.

Declare War

Only Congress has the constitutional authority to declare war on foreign nations.

Make Laws

All legislative powers are vested in Congress. They write and pass federal laws.

Oversight

Congress investigates executive branch activities and holds hearings to ensure laws are properly executed.

Confirm Appointments

The Senate confirms presidential appointments including judges, cabinet members, and ambassadors.

Impeachment

The House can impeach federal officials; the Senate holds the trial and can remove from office.