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A rule of conduct or procedure established by custom, agreement, or authority. The body of rules and principles governing the affairs of a community and enforced by a political authority; a legal system: international law. The condition of social order and justice created by adherence to such a system: a breakdown of law and civilized behavior. A set of rules or principles dealing with a specific area of a legal system: tax law; criminal law. A piece of enacted legislation. What is Law?

United States Congress

The United States Congress is the legislative branch of the United States
government. The structure and responsibilities of Congress are defined in
Article One of the United States Constitution. The United States Congress is
bicameral, that is, having two houses: the Senate and the House of
Representatives.

The first Congress started its term in New York City on March 4, 1789 and
their first action was to declare that the new Constitution of the United
States was in effect.

The powers of the Congress are set forth in Article 1 (particularly Article
1, Section 8) of the United States Constitution. Congress's powers were
later supplemented by the post-Civil War amendments to the Constitution
(Amendments 13, 14, and 15, each of which authorizes the Congress to enforce
its provisions by appropriate legislation), and by the 16th Amendment, which
authorizes an income tax.

Other parts of the Constitution--particularly Article 1, Section 9, and the
first ten amendments to the Constitution (the Bill of Rights)--impose
limitations on Congress's power.

The Senate has 100 seats, one-third are renewed every two years; two members
are elected from each state by popular vote to serve six-year terms. Each
state has equal representation in the Senate because the states are each
equal members of the federal union.

The House of Representatives has 435 seats. Members are directly elected by
popular vote to serve two-year terms from Congressional districts. The
states with the smallest population still have at least one seat. These
seats are apportioned according to the population of each state, but the
total number is fixed at 435.

Proceedings of the United States Congress were televised for the first time
on January 3, 1947. Proceedings of the Congress are regularly broadcast,
including newsworthy sessions of committees and subcommitees.

Powers of the House and Senate

Each house of Congress has the power to introduce legislation on any subject
except raising revenue, which must originate in the House of
Representatives. The large states may thus appear to have more influence
over the public purse than the small states. In practice, however, each
house can vote against legislation passed by the other house. The Senate may
disapprove a House revenue bill ? or any bill, for that matter ? or add
amendments that change its nature. In that event, a conference committee
made up of members from both houses must work out a compromise acceptable to
both sides before the bill becomes law.

The Senate also has certain powers especially reserved to that body,
including the authority to confirm presidential appointments of high
officials and ambassadors of the federal government, as well as authority to
ratify all treaties by a two-thirds vote. In either instance, a negative
vote in the Senate nullifies executive action.

In the case of impeachment of federal officials, the House has the sole
right to bring charges of misconduct that can lead to an impeachment trial.
The Senate has the sole power to try impeachment cases and to find officials
guilty or not guilty. A finding of guilt results in the removal of the
federal official from public office.

The broad powers of the whole Congress are spelled out in Article I of the
Constitution:

   * To levy and collect taxes;
   * To borrow money for the public treasury;
   * To make rules and regulations governing commerce among the states and
     with foreign countries;
   * To make uniform rules for the naturalization of foreign citizens;
   * To coin money, state its value, and provide for the punishment of
     counterfeiters;
   * To set the standards for weights and measures;
   * To establish bankruptcy laws for the country as a whole;
   * To establish post offices and post roads;
   * To issue patents and copyrights;
   * To set up a system of federal courts;
   * To punish piracy;
   * To declare war;
   * To raise and support armies;
   * To provide for a navy;
   * To call out the militia to enforce federal laws, suppress lawlessness,
     or repel invasions;
   * To make all laws for the seat of government (Washington, D.C.);
   * To make all laws necessary to enforce the Constitution.

A few of these powers are now outdated, but they remain in effect. The Tenth
Amendment sets definite limits on congressional authority, by providing that
powers not delegated to the national government are reserved to the states
or to the people. In addition, the Constitution specifically forbids certain
acts by Congress. It may not:

   * Suspend the writ of habeas corpus ? a requirement that those accused of
     crimes be brought before a judge or court before being imprisoned ?
     unless necessary in time of rebellion or invasion;
   * Pass laws that condemn persons for crimes or unlawful acts without a
     trial;
   * Pass any law that retroactively makes a specific act a crime;
   * Levy direct taxes on citizens, except on the basis of a census already
     taken (This was overriden by the Sixteenth Amendment);
   * Tax exports from any one state;
   * Give specially favorable treatment in commerce or taxation to the
     seaports of any state or to the vessels using them;
   * Authorize any titles of nobility.

Officers of the Congress

The Constitution provides that the vice president shall be president of the
Senate. The vice president has no vote, except in the case of a tie. The
Senate chooses a president pro tempore to preside when the vice president is
absent. The House of Representatives chooses its own presiding officer ? the
Speaker of the House. The speaker and the president pro tempore are always
members of the political party with the largest representation in each
house.

At the beginning of each new Congress, members of the political parties
select floor leaders and other officials to manage the flow of proposed
legislation. These officials, along with the presiding officers and
committee chairpersons, exercise strong influence over the making of laws.

The Committee Process

One of the major characteristics of the Congress is the dominant role
committees play in its proceedings. Committees have assumed their
present-day importance by evolution, not by constitutional design, since the
Constitution makes no provision for their establishment.

At present the Senate has 17 standing (or permanent) committees; the House
of Representatives has 19 committees. Each specializes in specific areas of
legislation: foreign affairs, defense, banking, agriculture, commerce,
appropriations, and other fields. Almost every bill introduced in either
house is referred to a committee for study and recommendation. The committee
may approve, revise, kill, or ignore any measure referred to it. It is
nearly impossible for a bill to reach the House or Senate floor without
first winning committee approval. In the House, a petition to release a bill
from a committee to the floor requires the signatures of 218 members; in the
Senate, a majority of all members is required. In practice, such discharge
motions only rarely receive the required support.

The majority party in each house controls the committee process. Committee
chairpersons are selected by a caucus of party members or specially
designated groups of members. Minority parties are proportionally
represented on the committees according to their strength in each house.

Bills are introduced by a variety of methods. Some are drawn up by standing
committees; some by special committees created to deal with specific
legislative issues; and some may be suggested by the president or other
executive officers. Citizens and organizations outside the Congress may
suggest legislation to members, and individual members themselves may
initiate bills. After introduction, bills are sent to designated committees
that, in most cases, schedule a series of public hearings to permit
presentation of views by persons who support or oppose the legislation. The
hearing process, which can last several weeks or months, opens the
legislative process to public participation.

One virtue of the committee system is that it permits members of Congress
and their staffs to amass a considerable degree of expertise in various
legislative fields. In the early days of the republic, when the population
was small and the duties of the federal government were narrowly defined,
such expertise was not as important. Each representative was a generalist
and dealt knowledgeably with all fields of interest. The complexity of
national life today calls for special knowledge, which means that elected
representatives often acquire expertise in one or two areas of public policy.

When a committee has acted favorably on a bill, the proposed legislation is
then sent to the floor for open debate. In the Senate, the rules permit
virtually unlimited debate. In the House, because of the large number of
members, the Rules Committee usually sets limits. When debate is ended,
members vote either to approve the bill, defeat it, table it ? which means
setting it aside and is tantamount to defeat ? or return it to committee. A
bill passed by one house is sent to the other for action. If the bill is
amended by the second house, a conference committee composed of members of
both houses attempts to reconcile the differences.

Once passed by both houses, the bill is sent to the president, for
constitutionally the president must act on a bill for it to become law. The
president has the option of signing the bill ? by which it becomes law ? or
vetoing it. A bill vetoed by the president must be reapproved by a
two-thirds vote of both houses to become law.

The president may also refuse either to sign or veto a bill. In that case,
the bill becomes law without his signature 10 days after it reaches him (not
counting Sundays). The single exception to this rule is when Congress
adjourns after sending a bill to the president and before the 10-day period
has expired; his refusal to take any action then negates the bill ? a
process known as the "pocket veto."

Congressional Powers of Investigation

One of the most important nonlegislative functions of the Congress is the
power to investigate. This power is usually delegated to committees ? either
to the standing committees, to special committees set up for a specific
purpose, or to joint committees composed of members of both houses.
Investigations are conducted to gather information on the need for future
legislation, to test the effectiveness of laws already passed, to inquire
into the qualifications and performance of members and officials of the
other branches, and, on rare occasions, to lay the groundwork for
impeachment proceedings. Frequently, committees call on outside experts to
assist in conducting investigative hearings and to make detailed studies of issues.

There are important corollaries to the investigative power. One is the power
to publicize investigations and their results. Most committee hearings are
open to the public and are widely reported in the mass media. Congressional
investigations thus represent one important tool available to lawmakers to
inform the citizenry and arouse public interest in national issues.
Congressional committees also have the power to compel testimony from
unwilling witnesses and to cite for contempt of Congress witnesses who
refuse to testify and for perjury those who give false testimony.

Informal Practices of Congress

In contrast to European parliamentary systems, the selection and behavior of
U.S. legislators has little to do with central party discipline. Each of the
major American political parties is a coalition of local and state
organizations that join together as a national party ? Republican or
Democratic ? during the presidential elections at four-year intervals. Thus
the members of Congress owe their positions to their local or state
electorate, not to the national party leadership nor to their congressional
colleagues. As a result, the legislative behavior of representatives and
senators tends to be individualistic and idiosyncratic, reflecting the great
variety of electorates represented and the freedom that comes from having
built a loyal personal constituency.

Congress is thus a collegial and not a hierarchical body. Power does not
flow from the top down, as in a corporation, but in practically every
direction. There is only minimal centralized authority, since the power to
punish or reward is slight. Congressional policies are made by shifting
coalitions that may vary from issue to issue. Sometimes, where there are
conflicting pressures ? from the White House and from important economic or
ethnic groups ? legislators will use the rules of procedure to delay a
decision so as to avoid alienating an influential sector. A matter may be
postponed on the grounds that the relevant committee held insufficient
public hearings. Or Congress may direct an agency to prepare a detailed
report before an issue is considered. Or a measure may be put aside
("tabled") by either house, thus effectively defeating it without rendering
a judgment on its substance.

There are informal or unwritten norms of behavior that often determine the
assignments and influence of a particular member. "Insiders,"
representatives and senators who concentrate on their legislative duties,
may be more powerful within the halls of Congress than "outsiders," who gain
recognition by speaking out on national issues. Members are expected to show
courtesy toward their colleagues and to avoid personal attacks, no matter
how unpalatable their opponents' policies may be. Members are also expected
to specialize in a few policy areas rather than claim expertise in the whole
range of legislative concerns. Those who conform to these informal rules are
more likely to be appointed to prestigious committees or at least to
committees that affect the interests of a significant portion of their constituents.

Elections

   * Senate - last held November 5, 2002
   * House of Representatives - last held November 5, 2002

     Next election: November 2, 2004

Seats by party (108th Congress, 2003-2005)

   * Senate:
        o Republican Party: 51
        o Democratic Party: 48
        o Independent: 1 (James Jeffords (I-VT) caucuses with the
          Democrats.)
        o Note: A three-fifths majority is required to end debate. See
          filibuster.
   * House of Representatives:
        o Republican Party: 229
        o Democratic Party: 205
        o Independent: 1 (Bernie Sanders (I-VT) member of the Democratic
          Socialists of America.)

Members of Congress

Each state has two Senators. The number of Representatives is listed after
each state below. The sum of Senators and Representatives is that state's
vote in the Electoral College. Based on the 2000 Census apportionment, each
member of the U.S. House of Representatives represents an average population
of 646,952.

   * Alabama (7)         * Louisiana (7)          * Ohio (18)
   * Alaska (1)          * Maine (2)              * Oklahoma (5)
   * Arizona (8)         * Maryland (8)           * Oregon (5)
   * Arkansas (4)        * Massachusetts (10)     * Pennsylvania (19)
   * California (53)     * Michigan (15)          * Rhode Island (2)
   * Colorado (7)        * Minnesota (8)          * South Carolina (6)
   * Connecticut (5)     * Mississippi (4)        * South Dakota (1)
   * Delaware (1)        * Missouri (9)           * Tennessee (9)
   * Florida (25)        * Montana (1)            * Texas (32)
   * Georgia (13)        * Nebraska (3)           * Utah (3)
   * Hawaii (2)          * Nevada (3)             * Vermont (1)
   * Idaho (2)           * New Hampshire (2)      * Virginia (11)
   * Illinois (19)       * New Jersey (13)        * Washington (9)
   * Indiana (9)         * New Mexico (3)         * West Virginia (3)
   * Iowa (5)            * New York (29)          * Wisconsin (8)
   * Kansas (4)          * North Carolina (13)    * Wyoming (1)
   * Kentucky (6)        * North Dakota (1)

The following are the changes in apportionment following the 2000 Census:

   * Arizona (+2)         * Mississippi (-1)
   * California (+1)      * Nevada (+1)
   * Colorado (+1)        * New York (-2)
   * Connecticut (-1)     * North Carolina (+1)
   * Florida (+2)         * Ohio (-1)
   * Georgia (+2)         * Oklahoma (-1)
   * Illinois (-1)        * Pennsylvania (-2)
   * Indiana (-1)         * Texas (+2)
   * Michigan (-1)        * Wisconsin (-1)

Non-voting Territorial Members

The United States territories are not members of the federal union. They
have no Senators, but each has a single non-voting member of the House of
Representatives.

   * American Samoa
   * District of Columbia
   * Guam
   * Puerto Rico
   * U.S. Virgin Islands
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