US Congress: Structure and Formal Powers of the House and Senate
Congress is the federal legislature established by Article I of the Constitution and is bicameral: the House of Representatives has 435 members elected for two-year terms, while the Senate has 100 members, two per state, elected for staggered six-year terms.
Before you start
Make sure you're comfortable with these topics first:
Method
- Learn the size, term length and basis of representation for each chamber precisely: House, 435 seats, population-based, two-year terms; Senate, 100 seats, two per state, six-year staggered terms.
- Split Congress's powers into shared formal powers (Article I Section 8, e.g. taxing, spending, declaring war, regulating commerce), House-exclusive powers (originate revenue bills, impeach by simple majority), and Senate-exclusive powers (ratify treaties by two-thirds, confirm nominations by simple majority, try impeachments and convict by two-thirds).
- Learn the difference between the formal, constitutionally granted powers of Congress and how those powers actually operate once combined with practices such as the committee system or the Senate filibuster, since exam questions often ask you to evaluate power in practice, not just on paper.
- For a 'how powerful is Congress' style question, weigh Congress's formal powers (e.g. power of the purse, override of a presidential veto by two-thirds of both chambers) against constraints on that power (e.g. presidential veto itself, the difficulty of achieving supermajorities, and divided government slowing legislation).
- Always specify which chamber a power belongs to; confusing House and Senate powers, e.g. saying the House ratifies treaties, is a common and costly error.
- Use precise numbers when describing thresholds: a simple majority for ordinary votes and impeachment in the House, two-thirds for treaty ratification, veto override and conviction on impeachment in the Senate.
Worked example
A student writes: 'The House of Representatives and the Senate have identical powers, so it does not matter which chamber a bill starts in.' Explain what is wrong with this statement and correct it using two specific examples.
- Identify the false claim: the two chambers share many powers but each also holds powers the other does not, so they are not identical.
- Give a House-exclusive power as a correction: only the House of Representatives can introduce revenue-raising (tax) bills, a power set out in Article I.
- Give a Senate-exclusive power as a second correction: only the Senate ratifies treaties negotiated by the president, and it needs a two-thirds vote to do so.
- Explain why the distinction matters in practice: a revenue bill must start in the House even if senators support it, and a treaty cannot take legal effect no matter how much support it has in the House if the Senate withholds ratification.
- Conclude by restating the corrected claim: the chambers are equal in most respects (a 'co-equal' bicameral system) but each retains specific exclusive powers, so which chamber a bill or nomination starts in, or is confined to, does matter.
Practice questions
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Q1How many members does the House of Representatives have, and how are seats distributed among the states?Show answer
Answer: 435 members, distributed among the states according to population and reapportioned after each census.
Q2How many members does the Senate have, and how many does each state get?Show answer
Answer: 100 members, two per state regardless of population.
Q3What is the length of a House term compared with a Senate term?Show answer
Answer: A House term is two years; a Senate term is six years, with about a third of Senate seats up for election every two years.
Q4Name one power that only the House of Representatives can exercise.Show answer
Answer: Originating revenue (tax) bills, or formally voting to impeach an official by simple majority.
Q5Name one power that only the Senate can exercise.Show answer
Answer: Ratifying treaties (by a two-thirds vote), confirming presidential nominations, or trying an impeachment and voting to convict (by a two-thirds vote).
Q6What vote threshold is needed for the Senate to convict and remove an official following impeachment?Show answer
Answer: Two-thirds of senators present.
Q7What clause in Article I Section 8 allows Congress to pass laws not explicitly listed in the Constitution if they help carry out its other powers?Show answer
Answer: The necessary and proper (elastic) clause.
Exam-style questions
Written in the style of a A Level Politics exam paper, with a full mark scheme.
Explain and analyse three formal powers that distinguish the Senate from the House of Representatives.
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'Congress's formal powers make it the most powerful branch of the federal government.' Evaluate this statement.
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See real A Level Politics past-paper questions, with official mark schemes →
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