Understanding the Duties and Powers of the Legislative Branch

The Legislative Branch is made up of two parts, the US Senate and the US House of Representatives, which form Congress. Congress gathers at the US Capitol to discuss and decide legislation, and are also granted the sole authority to declare war. As a power check, members of the Senate are able to confirm or reject appointees proposed for the president’s Cabinet. This branch also includes organizations and institutions like the Congressional Budget Office (CBO), the National Archives, the Library of Congress, and the Government Accountability Office (GAO).

The US House of Representatives is one of the legislative bodies of the US government, made up of 435 members, all of whom are elected by the US citizens to serve a two-year term. Together with the Senate, the House of Representatives makes up Congress, which represents the electorate’s best interests—like drafting policies or registering electoral votes after a presidential election—in the Capitol.

The number of representatives designated to each of the 50 states is in proportion to their respective populations, and also includes the District of Columbia (Washington, D.C.), as well as other U.S. territories like Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Northern Mariana Islands. The Speaker of the House leads this chamber, and is third in the line of presidential succession behind the Vice President.

The US Senate is one of the legislative bodies of the US government, consisting of two representatives for every state (100 Senators total), with each member elected by the US citizens to serve a six-year term. Along with the House of Representatives, the Senate comprises the body of Congress, which represents the electorate’s best interest in the Capitol.

Members of the Senate can overturn a veto by the president with a two-thirds majority vote. Additionally, the vice president serves as President of the Senate, and can cast a tie breaking vote in the event of a split chamber. Senate majority leaders and minority leaders serve as spokespeople for their respective parties, though depending on which party has the Senate majority determines who the leader will be. The Senate also has the power to try impeachment cases and conduct investigations into other branches.

Some of the powers of Congress include:

• Drafting proposed laws: The legislative process starts in the House and the Senate. Either branch of Congress can originate a bill to be debated, researched, and voted upon in their chambers. If that bill passes in one body of Congress, the other body must approve the bill before it proceeds to the President, which is where it is signed into law.
• Confirming or rejecting official nominations: Congress has the ability to confirm or reject nominations for President, heads of federal agencies, federal judges, and the Supreme Court.
• Declaring war: Congress is the only body of government that can declare war on another country, as the Constitution states. This has only been done on 11 occasions in American history.

The three main branches of the US Government operate on a system of checks and balances, which are structurally intended to ensure a fair and democratic power balance. The three branches of government include:

• The Executive Branch: This branch carries out laws and enforces them. The Executive Branch consists of the President of the United States, the Vice President, Cabinet secretaries and their departments, commissions, and boards, and is mainly run by federal agencies and committees. The President can veto legislation proposed by the Legislative Branch, as part of the system of checks and balances.
• The Judicial Branch: This body consists of the Supreme Court and the federal courts. The Judicial Branch interprets the laws, ensuring that the laws drafted by Congress are constitutional, and do not exceed the limits of power granted to the federal government. If the Supreme Court deems a law unconstitutional, it can be overturned.

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