The Legislative Branch

Article I of the Constitution describes the role of the legislative branch of the United States government — the branch that most closely represents the will of the people through elected representatives. It is no accident that the first article of the Constitution was devoted to defining the function of this branch of government: the Congress of the United States. Congress is composed of two bodies of elected officials — the House of Representatives and the Senate.

Closest to the will of the people is the House of Representatives, whose members are elected every two years and apportioned among the states according to population. States with greater populations have more congressional representatives than states with smaller populations. The Constitution assigns to the House the critical role of raising revenue through taxation — a vital prerogative rooted in the revolutionary principle of “no taxation without representation.” Representation by population is therefore essential to national decisions regarding taxation and the allocation of public funds. The House’s two-year election cycle and its sole authority to initiate taxation policy are closely tied together in its constitutional design.

The Senate is composed of two representatives elected from each state, with senators serving six-year terms. These terms are staggered so that every two years, one-third of the Senate is up for reelection. The Senate’s legislative role parallels that of the House: both bodies propose laws that must pass by majority vote and then be approved by the other chamber. A bill must therefore be approved by both the House of Representatives and the Senate before it can be enacted into law. Once approved, it is forwarded to the executive branch, where it can be signed into law by the president or vetoed.

During the Constitutional Convention, the design of the Senate was a compromise demanded by the states with smaller populations, which feared losing influence through minimal representation in the House of Representatives. By granting each state two senators regardless of population, smaller states gained significant leverage over larger states through equal representation in the Senate. To this day, debate continues over whether that arrangement has strengthened or weakened the ideal of majority rule.

Checks and Balances

Because the legislative branch most closely represents the will of the people, the Constitution provides mechanisms through which the people — via the House of Representatives and the Senate — can place limits on the powers of the executive and judicial branches of government.

Limits on the Executive Branch

While the president can enter into treaties with foreign nations, such treaties must be approved by a two-thirds vote of the Senate.
Federal judges and high-ranking officials appointed by the president require majority approval by the Senate.
The president can veto an act of Congress, but Congress can override that veto with a two-thirds majority vote in each chamber. In other words, it is futile for a president to veto a law that has the overwhelming support of the people.
Only Congress can declare war, as specified in the Constitution.
Because Congress controls tax policy and the raising of revenue, it limits the actions of the executive branch through the power of the purse.
The president can be impeached for “high crimes and misdemeanors” by a majority vote of the House of Representatives and removed from office following a trial conducted by the Senate, where a two-thirds vote is required for conviction.

Limits on the Judicial Branch

Federal judges nominated by the president must be approved by the Senate.
Congress controls the size of the Supreme Court and determines the jurisdiction and existence of the federal courts.
Congress can propose constitutional amendments that, if ratified by the states, override Supreme Court decisions.
Congress has the authority to impeach and remove federal judges.
Congress can influence the operations of the court system through the power of the purse.