The United States Congress is a central institution of government in the United States. It is also a central focus in many social studies classrooms. This ERIC Digest treats constitutional foundations of Congress, development of Congress, and World Wide Web resources for teaching about Congress.
CONSTITUTIONAL FOUNDATIONS
Disagreements about the structure, functions, and powers of Congress were prominent at the Constitutional Convention of 1787. Two proposals, the Virginia Plan and the New Jersey Plan, framed debates about Congress. In response to the impotence of Congress under the Articles of Confederation, both plans were designed to increase the power of the national government, including Congress.
The Virginia Plan called for a two-house legislature: one to be elected by the people and the other to be chosen by the first house. The plan also called for proportional representation based on the population of each state.
Delegates from states with small populations vehemently opposed the Virginia Plan because it diminished their power in Congress relative to the states with large populations. According to the New Jersey Plan, each state would continue to have equal representation in the unicameral Congress of the United States.
Settling the disagreement over representation in Congress was crucial to the success of the Convention. The Convention eventually made the "Great Compromise." It provided for a two-house legislature in which states were represented on the basis of population in the House of Representatives and represented equally in the Senate.
The structure of Congress set forth in the Constitution (see Article I, Sections 1-4) provides for a bicameral legislature consisting of two distinct houses. The House of Representatives is composed of members elected by the eligible voters of each state for a two-year term of office. It is led by a Speaker and has the exclusive power to raise revenue. The Senate is composed of fewer members, two from each state, selected by the state legislatures (this provision was amended in 1917 with passage of the 17th Amendment, which provides for election of Senators by popular vote). The Senator's term of office is six years. It is led by the Vice President of the United States and has the exclusive power of advice and consent with regard to Presidential appointments and treaties. The disparity between respective term lengths for the two Houses of Congress serves as a mutual check.
The Constitution also creates a government in which power is divided
between
the national and state governments, separated and shared among three
branches
of government, and limited by the supreme law of a written
Constitution.
Article I, Section 8 of the Constitution enumerates seventeen powers of
Congress
and an eighteenth power enabling Congress to do whatever is
"necessary and proper" to carry out its enumerated powers. The 10th
Amendment
reserves other powers, not in conflict with the Constitution, to the
states
or to the people.
Power is separated and shared among the Congress, President, and Supreme Court. Each branch has a distinct major function (legislative, executive, and judicial), but each branch also can "check," or limit, the power of the other two. The President, for example, may veto legislation passed by Congress, or the Supreme Court may rule legislation passed by Congress to be unconstitutional and therefore null and void. Several specific provisions of the Constitution limit the power of Congress, including the enumeration of powers in Article I, Section 8, the prohibitions on Congress's power in Article I, Section 9, and the enumeration of individual rights in the Bill of Rights. The framers of the Constitution attempted to give the new Congress enough power to govern effectively yet provide sufficient limitations to ensure the newly created institution would not abuse its authority.
DEVELOPMENT OF CONGRESS
During the First Congress, Representatives and Senators focused most of their attention on establishing procedures and precedents for the institution, many of which continue to this day. The legislative highlights of the First Congress included the authorization of a patent office, a census, and a provisional system of government of the western territories. In 1791, a total of 142 clerks assisted members of Congress (Davidson and Oleszek, 1998, 26). By today's standards, few bills were proposed or passed. Service in Congress was a part-time occupation as its first members finished their work in two brief sessions.
Today, being a member of Congress is a full-time job for 435 representatives and four delegates (from the District of Columbia, Guam, the Virgin Islands, and American Samoa) and 100 senators, most of whom split their time between Washington DC and their home district or state. More than 17,000 staff members serve individual members and committees. Members of Congress today must devote considerable time to committee meetings, staff meetings, party functions, floor votes, constituent services, and campaigning. By most measures (including hours in session, committee meetings, and floor votes) the congressional workload has almost doubled since the 1950s (Davidson and Oleszek, 1998, 28). Of 44,195 bills passed by Congress in over 200 years, only 3,163 were passed in its first 50 years and 41 percent were passed in the last 50 years. The legislation passed by Congress has also increased in scope and complexity.
The average bill in the Eightieth Congress (1947-48) was 2.5 pages long; during the One-hundred fourth Congress (1995-96), the average bill was 19.1 pages long. Today, the average senator or representative works an 11-hour workday when Congress is in session. During the One-hundred fourth Congress, the House of Representatives was in session 289 days and the Senate 343 days (Davidson and Oleszek, 1998, 28).
A variety of factors explain the expansion of Congress. The
population and complexity of life in the United States has grown
dramatically since 1789. The First Congress was responsible for making
laws
for roughly 3.5 million people. A majority of the people lived in rural
areas,
and the economy was based primarily upon agriculture. Today's Congress
is
responsible for making laws for more than 275 million people. The vast
majority
of people live in urban areas, and the economy is based largely upon
providing
information-based services and industrial goods.
Broad interpretations of Congress's constitutional authority and amendments to the Constitution expanded the role of Congress. In an early Supreme Court decision, McCulloch v. Maryland (1819), the Court broadly interpreted the powers of Congress implied by the necessary and proper (elastic) clause. Subsequently, Congress drew upon this ruling to increase federal power. The 16th Amendment, giving Congress the authority to enact income tax laws, also contributed to an expanded Congressional role. The federal funds derived from the income tax provide the necessary financial support for social welfare programs legislated by Congress.
The role of Congress has also increased through the expansive policies and active government philosophies of several presidents. The presidencies of Abraham Lincoln, Theodore Roosevelt, Woodrow Wilson, Franklin Roosevelt, Harry Truman, and Lyndon Johnson have helped to expand the role of Congress. During the Great Depression, for example, Congress passed many of Franklin Roosevelt's proposals to combat unemployment, poverty, and poor working conditions. This legislation not only helped to create a New Deal for the American people, it also meant that Congress became more active and involved in American life.
WORLD WIDE WEB RESOURCES FOR TEACHING ABOUT CONGRESS
The following Web sites are recommended to teachers and students:
CENTER ON CONGRESS AT INDIANA UNIVERSITY. This Web site, sponsored by the Center on Congress at Indiana University, provides information about the history of Congress and Congress today. The Center is directed by former U.S. Congressman Lee H. Hamilton, and the Web site features links to sites on House and Senate floor activity, speeches by Hamilton, and information on "how Congress works." <http://Congress.indiana.edu/>
THE DIRKSEN CONGRESSIONAL CENTER. The Dirksen Congressional Center's
Web
site seeks to enhance civic engagement by improving students'
understanding of Congress and its leaders. The site offers links to the
Dirksen Center's archival holdings, which include documents about the
achievements of the late
Senator Everett Dirksen and information about
educational opportunities for students and teachers. CongressLink,
Congress
in the Classroom, and Congressional Insight are examples of Web sites
promoted
by the Dirksen Center that facilitate student-centered, inquiry-based
learning.
<http://www.pekin.net/dirksen/>
HOUSE AND SENATE WEB SITES. These sites provide historical information about the House and Senate, display the Congressional calendar, and enable students to communicate directly with their Representatives and Senators. <http://www.house.gov/> and <http://www.senate.gov>
THOMAS. This site, sponsored by the Library of Congress, summarizes legislation, the Congressional Record, and current committee work. It also features links to Congressional documents and debates throughout history. <http://thomas.loc.gov/>
CAPWEB. This general information site features live video and audio
links
to CNN's coverage of House and Senate proceedings. It also enables
students
to track how their Representatives and Senators vote and provides daily
access
to "The Hill," the capitol newspaper.
<http://cw2k.capweb.net/voteweb/>