Explainer: Understanding the Legislative Branch of the U.S. Government

Feb 16

What are the three branches of the government?

There are three branches of the U.S. Government: Executive, Judicial, and Legislative. The executive branch “carries out and enforces the law.” This branch includes the President, his cabinet members, and agencies within the federal government. The judicial branch “interprets the meaning of laws.” This includes the Supreme Court and other federal courts. The legislative branch of the United States government is the branch of the government that can create and pass laws. This branch includes the House of Representatives and the Senate.

What is the Legislative Branch?

Structure:

The Legislative Branch, also known as Congress, consists of the House of Representatives and the Senate. There are 435 House Representatives and 100 Senators. Six other house representatives represent the U.S. districts and territories; however, they have no voting power. Each state has two senators. The number of representatives for a state is based upon the population of that particular state; each state will have at least one representative, and then Congress conducts calculations to divide the remaining spots amongst the states based on the population reported by the census every ten years. Since 1941, Congress has “calculated [it] by dividing the population of each state by the geometric mean of its current and next seats.” The US Census Bureau conducted the most recent census in 2020.

Eligibility and Length of Term:

To run for the House of Representatives, a candidate must be at least 25 years old, have been a U.S. citizen for seven years, and live in the state they are seeking election at the time of election. House Representatives serve for two years, so every representative seeks re-election every electoral cycle. To run for Senate, the person must be at least 30 years old, have been a U.S. citizen for nine years, and live in the state they are seeking office at the time of election. Senators serve for six years.

Duties of Congress:

As the Constitution outlines, Congress can make and change laws through the legislative process. A Representative and Senator must introduce a bill in each chamber, and both chambers must pass it before it reaches the President’s desk for the final signature. If the President vetoes the bill, Congress can overturn it with a two-thirds vote.

Secondly, Congress sets the annual federal budget. The President provides Congress with recommendations for a budget, with projections for federal funding. Congress must then pass appropriations bills based on this budget and their priorities by October 1st of the same year.

Lastly, Congress can declare war. This was done to ensure that more than one person, such as the President, decides whether the country should go to war. Congress can also decide on the funding of the war, whereas the Commander-in-Chief, a.k.a. the U.S. President can command military force once war has been declared.

Speaker of the House and the Vice President:

The Speaker of the House oversees the proceedings of the House of Representatives and sets the voting agenda, making this a coveted role. They are also second in line to the presidency and the leader of the largest party in the House. The Vice President plays an important part in the legislative branch as well. They are tasked with breaking any ties that occur within the Senate. They also count ballots from the electoral college in a presidential election.

The Legislative Branch is a complex and important part of the U.S. government, and it is important to understand its functions and processes.

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