United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress[b] has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members.[4]
For the current Congress, see 118th United States Congress. For the building, see United States Capitol.
United States Congress
March 4, 1789
January 3, 2023
- 535 voting members
- 100 senators
- 435 representatives
- 6 non-voting members
The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 established that there be 435 representatives, and the Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts. It is also required that the congressional districts be apportioned among states by population every ten years using the U.S. census results, provided that each state has at least one congressional representative. Each senator is elected at-large in their state for a six-year term, with terms staggered, so every two years approximately one-third of the Senate is up for election. Each state, regardless of population or size, has two senators, so currently, there are 100 senators for the 50 states.
Article One of the U.S. Constitution requires that members of Congress must be at least 25 years old (House) or at least 30 years old (Senate), have been a citizen of the U.S. for seven (House) or nine (Senate) years, and be an inhabitant of the state which they represent. Members in both chambers may stand for re-election an unlimited number of times.
The Congress was created by the U.S. Constitution and first met in 1789, replacing the Congress of the Confederation in its legislative function. Although not legally mandated, in practice since the 19th century, Congress members are typically affiliated with one of the two major parties, the Democratic Party or the Republican Party, and only rarely with a third party or independents affiliated with no party. In the case of the latter, the lack of affiliation with a political party does not mean that such members are unable to caucus with members of the political parties. Members can also switch parties at any time, although this is quite uncommon.
Women in Congress[edit]
Various social and structural barriers have prevented women from gaining seats in Congress. In the early 20th century, women's domestic roles and the inability to vote forestalled opportunities to run for and hold public office. The two party system and the lack of term limits favored incumbent white men, making the widow's succession – in which a woman temporarily took over a seat vacated by the death of her husband – the most common path to Congress for white women.[73]
Women candidates began making substantial inroads in the later 20th century, due in part to new political support mechanisms and public awareness of their underrepresentation in Congress. [74] Recruitment and financial support for women candidates were rare until the second-wave feminism movement, when activists moved into electoral politics. Beginning in the 1970s, donors and political-action-committees like EMILY's List began recruiting, training and funding women candidates. Watershed political moments like the confirmation of Clarence Thomas and the 2016 presidential election created momentum for women candidates, resulting in the Year of the Woman and the election of members of The Squad, respectively.
Women of color faced additional challenges that made their ascension to Congress even more difficult. Jim Crow laws, voter suppression and other forms of structural racism made it virtually impossible for women of color to reach Congress prior to 1965. The passage of the Voting Rights Act that year, and the elimination of race-based immigration laws in the 1960s opened the possibility for Black, Asian American, Latina and other non-white women candidates to run for Congress.[75]
Racially polarized voting, racial stereotypes and lack of institutional support still prevent women of color from reaching Congress as easily as white people. Senate elections, which require victories in statewide electorates, have been particularly difficult for women of color.[76] Carol Moseley Braun became the first woman of color to reach the Senate in 1993. The second, Mazie Hirono, won in 2013.
In 2021, Kamala Harris became the first female President of the Senate, which came with her role as the first female Vice President of the United States.
Privileges[edit]
Protection[edit]
Members of Congress enjoy parliamentary privilege, including freedom from arrest in all cases except for treason, felony, and breach of the peace, and freedom of speech in debate. This constitutionally derived immunity applies to members during sessions and when traveling to and from sessions.[182] The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons and subpoenas. The rules of the House strictly guard this privilege; a member may not waive the privilege on their own but must seek the permission of the whole house to do so. Senate rules are less strict and permit individual senators to waive the privilege as they choose.[183]
The Constitution guarantees absolute freedom of debate in both houses, providing in the Speech or Debate Clause of the Constitution that "for any Speech or Debate in either House, they shall not be questioned in any other Place." Accordingly, a member of Congress may not be sued in court for slander because of remarks made in either house, although each house has its own rules restricting offensive speeches, and may punish members who transgress.[184]
Obstructing the work of Congress is a crime under federal law and is known as contempt of Congress. Each member has the power to cite people for contempt but can only issue a contempt citation – the judicial system pursues the matter like a normal criminal case. If convicted in court of contempt of Congress, a person may be imprisoned for up to one year.[185]
Postage[edit]
The franking privilege allows members of Congress to send official mail to constituents at government expense. Though they are not permitted to send election materials, borderline material is often sent, especially in the run-up to an election by those in close races.[186][187] Some academics consider free mailings as giving incumbents a big advantage over challengers.[10][188]
