United States Congress

Overview

Article One of the United States Constitution states, "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." The House and Senate are equal partners in the legislative process – legislation cannot be enacted without the consent of both chambers. The Constitution grants each chamber some unique powers. The Senate approves treaties and presidential appointments while the House initiates revenue-raising bills.

The House initiates and decides impeachment while the Senate votes on conviction and removal of office for impeachment cases. A two-thirds vote of the Senate is required before an impeached person can be removed from office.

The term Congress can also refer to a particular meeting of the legislature. A Congress covers two years; the current one, the 119th Congress, began on January 3, 2025, and will end on January 3, 2027. Since the adoption of the Twentieth Amendment to the United States Constitution, the Congress has started and ended at noon on the third day of January of every odd-numbered year. Members of the Senate are referred to as senators, while members of the House of Representatives are commonly referred to as representatives, congressmen, or congresswomen.

Congress provides both local representation of congressional districts by representatives and representation of states at-large by senators.

Scholar and representative Lee H. Hamilton asserted that the "historic mission of Congress has been to maintain freedom" and insisted it was a "driving force in American government" and a "remarkably resilient institution". Congress is the "heart and soul of our democracy", according to this view, even though legislators rarely achieve the prestige or name recognition of presidents or Supreme Court justices; one wrote that "legislators remain ghosts in America's historical imagination." One analyst argues that it is not a solely reactive institution but has played an active role in shaping government policy and is extraordinarily sensitive to public pressure. Several academics described Congress:

Congress reflects us in all our strengths and all our weaknesses. It reflects our regional idiosyncrasies, our ethnic, religious, and racial diversity, our multitude of professions, and our shadings of opinion on everything from the value of war to the war over values. Congress is the government's most representative body ... Congress is essentially charged with reconciling our many points of view on the great public policy issues of the day.

History

18th century

The First Continental Congress was a gathering of representatives from twelve of the Thirteen Colonies. On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence, referring to the new nation as the "United States of America". The Articles of Confederation in 1781 created the Congress of the Confederation, a unicameral body with equal representation among the states in which each state had a veto over most decisions. Congress had executive but not legislative authority, and the federal judiciary was confined to admiralty and lacked authority to collect taxes, regulate commerce, or enforce laws.

Government powerlessness led to the Convention of 1787 which proposed a revised constitution with a two-chamber or bicameral Congress. Smaller states argued for equal representation for each state. The two-chamber structure had functioned well in state governments. A compromise plan, the Connecticut Compromise, was adopted with representatives chosen by population (benefiting larger states) and exactly two senators chosen by state governments (benefiting smaller states).

The ratified constitution created a federal structure with two overlapping power centers so that each citizen as an individual is subject to the powers of state government and national government. To protect against abuse of power, each branch of government – executive, legislative, and judicial – had a separate sphere of authority and could check other branches according to the principle of the separation of powers. Furthermore, there were checks and balances within the legislature since there were two separate chambers. The new government became active in 1789.

Political scientist Julian E. Zelizer suggested there were four main congressional eras, with considerable overlap, and included the formative era (1780s–1820s), the partisan era (1830s–1900s), the committee era (1910s–1960s), and the contemporary era (1970–present).

Federalists and anti-federalists jostled for power in the early years as political parties became pronounced. With the passage of the Constitution and the Bill of Rights, the anti-federalist movement was exhausted. Some activists joined the Anti-Administration Party that James Madison and Thomas Jefferson were forming about 1790–1791 to oppose policies of Treasury Secretary Alexander Hamilton; it soon became the Democratic-Republican Party or the Jeffersonian Republican Party and thus began the era of the First Party System.

19th century

In 1800, Thomas Jefferson's election to the presidency marked a peaceful transition of power between the parties. John Marshall, 4th chief justice of the Supreme Court, empowered the courts by establishing the principle of judicial review in law in the landmark case Marbury v. Madison in 1803, effectively giving the Supreme Court a power to nullify congressional legislation.

The Civil War, which lasted from 1861 to 1865, resolved the slavery issue and unified the nation under federal authority but weakened the power of states' rights. The Gilded Age (1877–1901) was marked by Republican dominance of Congress. During this time, lobbying activity became more intense, particularly during the administration of President Ulysses S. Grant in which influential lobbies advocated for railroad subsidies and tariffs on wool. Immigration and high birth rates swelled the ranks of citizens and the nation grew at a rapid pace. The Progressive Era was characterized by strong party leadership in both houses of Congress and calls for reform; sometimes reformers said lobbyists corrupted politics. The position of Speaker of the House became extremely powerful under leaders such as Thomas Reed in 1890 and Joseph Gurney Cannon.

20th century

By the beginning of the 20th century, party structures and leadership emerged as key organizers of Senate proceedings.

A system of seniority, in which long-time members of Congress gained more and more power, encouraged politicians of both parties to seek long terms. Committee chairmen remained influential in both houses until the reforms of the 1970s.

Important structural changes included the direct popular election of senators according to the Seventeenth Amendment, ratified on April 8, 1913. Supreme Court decisions based on the Constitution's commerce clause expanded congressional power to regulate the economy. One effect of popular election of senators was to reduce the difference between the House and Senate in terms of their link to the electorate. Lame duck reforms according to the Twentieth Amendment reduced the power of defeated and retiring members of Congress to wield influence despite their lack of accountability.

The Great Depression ushered in President Franklin Roosevelt and strong control by Democrats and historic New Deal policies. Roosevelt's election in 1932 marked a shift in government power towards the executive branch. Numerous New Deal initiatives came from the White House rather than being initiated by Congress. President Roosevelt pushed his agenda in Congress by detailing Executive Branch staff to friendly Senate committees, a practice that ended with the Legislative Reorganization Act of 1946.

The Democratic Party controlled both houses of Congress for many years. During this time, Republicans and conservative southern Democrats formed the Conservative Coalition. Democrats maintained control of Congress during World War II. Congress struggled with efficiency in the postwar era partly by reducing the number of standing congressional committees.

Southern Democrats became a powerful force in many influential committees although political power alternated between Republicans and Democrats during these years. More complex issues required greater specialization and expertise, such as space flight and atomic energy policy. Senator Joseph McCarthy exploited the fear of communism during the Second Red Scare and conducted televised hearings. In 1960, Democratic candidate John F. Kennedy narrowly won the presidency and power shifted again to the Democrats who dominated both chambers of Congress from 1961 to 1980, and retained a consistent majority in the House from 1955 to 1994.

21st century

In 2009, Congress authorized another delegate for the Northern Mariana Islands. These 6 members of Congress enjoy floor privileges to introduce bills and resolutions, and in recent Congresses they vote in permanent and select committees, in party caucuses and in joint conferences with the Senate. They have Capitol Hill offices, staff and two annual appointments to each of the four military academies. While their votes are constitutional when Congress authorizes their House Committee of the Whole votes, recent Congresses have not allowed for that, and they cannot vote when the House is meeting as the House of Representatives.

On January 6, 2021, Congress gathered to confirm the election of Joe Biden, when supporters of the outgoing president Donald Trump attacked the building. The session of Congress ended prematurely, and Congress representatives evacuated. Trump supporters occupied Congress until D.C. police evacuated the area. The event was the first time since the Burning of Washington by the British during the War of 1812 that the United States Congress was forcefully occupied.

Women in Congress

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.

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. 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.

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. 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.

Role

Powers

Article One of the Constitution creates and sets forth the structure and most of the powers of Congress. Sections One through Six describe how Congress is elected and gives each House the power to create its own structure. Section Seven lays out the process for creating laws, and Section Eight enumerates numerous powers. Section Nine is a list of powers Congress does not have, and Section Ten enumerates powers of the state, some of which may only be granted by Congress. Constitutional amendments have granted Congress additional powers. Congress also has implied powers derived from the Constitution's Necessary and Proper Clause.

Congress has authority over financial and budgetary policy through the enumerated power to "lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States". There is vast authority over budgets, although analyst Eric Patashnik suggested that much of Congress's power to manage the budget has been lost when the welfare state expanded since "entitlements were institutionally detached from Congress's ordinary legislative routine and rhythm." Another factor leading to less control over the budget was a Keynesian belief that balanced budgets were unnecessary.

The Sixteenth Amendment in 1913 extended congressional power of taxation to include income taxes without apportionment among the several States, and without regard to any census or enumeration. The Constitution also grants Congress the exclusive power to appropriate funds, and this power of the purse is one of Congress's primary checks on the executive branch. Congress can borrow money on the credit of the United States, regulate commerce with foreign nations and among the states, and coin money. Generally, the Senate and the House of Representatives have equal legislative authority, although only the House may originate revenue and appropriation bills.

Congress has an important role in national defense, including the exclusive power to declare war, to raise and maintain the armed forces, and to make rules for the military. Some critics charge that the executive branch has usurped Congress's constitutionally defined task of declaring war. While historically presidents initiated the process for going to war, they asked for and received formal war declarations from Congress for the War of 1812, the Mexican–American War, the Spanish–American War, World War I, and World War II, although President Theodore Roosevelt's military move into Panama in 1903 did not get congressional approval. In the early days after the North Korean invasion of 1950, President Truman described the American response as a "police action". According to Time magazine in 1970, "U.S. presidents [had] ordered troops into position or action without a formal congressional declaration a total of 149 times." In 1993, Michael Kinsley wrote that "Congress's war power has become the most flagrantly disregarded provision in the Constitution," and that the "real erosion [of Congress's war power] began after World War II." Disagreement about the extent of congressional versus presidential power regarding war has been present periodically throughout the nation's history.

Checks and balances

Representative Lee H. Hamilton explained how Congress functions within the federal government:

To me the key to understanding it is balance. The founders went to great lengths to balance institutions against each other – balancing powers among the three branches: Congress, the president, and the Supreme Court; between the House of Representatives and the Senate; between the federal government and the states; among states of different sizes and regions with different interests; between the powers of government and the rights of citizens, as spelled out in the Bill of Rights ... No one part of government dominates the other.

The Constitution provides checks and balances among the three branches of the federal government. Its authors expected the greater power to lie with Congress as described in Article One.

The influence of Congress on the presidency has varied from period to period depending on factors such as congressional leadership, presidential political influence, historical circumstances such as war, and individual initiative by members of Congress. The impeachment of Andrew Johnson made the presidency less powerful than Congress for a considerable period afterwards. The 20th and 21st centuries have seen the rise of presidential power under politicians such as Theodore Roosevelt, Woodrow Wilson, Franklin D. Roosevelt, Richard Nixon, Ronald Reagan, and George W. Bush. Congress restricted presidential power with laws such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution. The presidency remains considerably more powerful today than during the 19th century. Executive branch officials are often loath to reveal sensitive information to members of Congress because of concern that information could not be kept secret; in return, knowing they may be in the dark about executive branch activity, congressional officials are more likely to distrust their counterparts in executive agencies. Many government actions require fast coordinated effort by many agencies, and this is a task that Congress is ill-suited for. Congress is slow, open, divided, and not well matched to handle more rapid executive action or do a good job of overseeing such activity, according to one analysis.

The Constitution concentrates removal powers in the Congress by empowering and obligating the House of Representatives to impeach executive or judicial officials for "Treason, Bribery, or other high Crimes and Misdemeanors". Impeachment is a formal accusation of unlawful activity by a civil officer or government official. The Senate is constitutionally empowered and obligated to try all impeachments. A simple majority in the House is required to impeach an official; a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. Impeachment proceedings may not inflict more than this. A convicted party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. Another resigned before the Senate could complete the trial. Only three presidents have ever been impeached: Andrew Johnson in 1868, Bill Clinton in 1999, Donald Trump in 2019 and 2021. The trials of Johnson, Clinton, and the 2019 trial of Trump all ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction. In 1974, Richard Nixon resigned from office after impeachment proceedings in the House Judiciary Committee indicated his removal from office.

Structure

Congress is split into two chambers – House and Senate – and manages the task of writing national legislation by dividing work into separate committees which specialize in different areas. Some members of Congress are elected by their peers to be officers of these committees. Congress has ancillary organizations such as the Government Accountability Office and the Library of Congress to help provide it with information, and members of Congress have staff and offices to assist them as well. In addition, a vast industry of lobbyists helps members write legislation on behalf of diverse corporate and labor interests.

Committees

The committee structure permits members of Congress to study a particular subject intensely. It is neither expected nor possible that a member be an expert on all subject areas before Congress. As time goes by, members develop expertise in particular subjects and their legal aspects. Committees investigate specialized subjects and advise the entire Congress about choices and trade-offs. The choice of specialty may be influenced by the member's constituency, important regional issues, prior background and experience. Senators often choose a different specialty from that of the other senator from their state to prevent overlap. Some committees specialize in running the business of other committees and exert a powerful influence over all legislation; for example, the House Ways and Means Committee has considerable influence over House affairs.

Committees write legislation. While procedures, such as the House discharge petition process, can introduce bills to the House floor and effectively bypass committee input, they are exceedingly difficult to implement without committee action. Committees have power and have been called independent fiefdoms. Legislative, oversight, and internal administrative tasks are divided among about two hundred committees and subcommittees which gather information, evaluate alternatives, and identify problems. They propose solutions for consideration by the full chamber. In addition, they perform the function of oversight by monitoring the executive branch and investigating wrongdoing.

At the start of each two-year session, the House elects a speaker who does not normally preside over debates but serves as the majority party's leader. In the Senate, the vice president is the ex officio president of the Senate. In addition, the Senate elects an officer called the president pro tempore. Pro tempore means for the time being. This office is usually held by the most senior member of the Senate's majority party and customarily keeps this position until there is a change in party control. Accordingly, the Senate does not necessarily elect a new president pro tempore at the beginning of a new Congress. In the House and Senate, the actual presiding officer is generally a junior member of the majority party, appointed on a rotating basis.

Support services

The Library of Congress (LOC) was established by an act of Congress in 1800. It is primarily housed in three buildings on Capitol Hill, but also includes several other sites: the National Library Service for the Blind and Physically Handicapped in Washington, D.C.; the National Audio-Visual Conservation Center in Culpeper, Virginia; a large book storage facility located in Fort Meade, Maryland; and multiple overseas offices. The Library had mostly law books when it was burnt by British forces in 1814 during the War of 1812.

The library's collections were restored and expanded when Congress authorized the purchase of Thomas Jefferson's private library. One of the library's missions is to serve Congress and its staff as well as the American public. It is the largest library in the world, with nearly 150 million items including books, films, maps, photographs, music, manuscripts, graphics, and materials in 470 languages.

The Congressional Research Service (CRS), part of the Library of Congress, provides detailed, up-to-date and non-partisan research for senators, representatives, and their staff to help them carry out their official duties. It provides ideas for legislation, helps members analyze a bill, facilitates public hearings, makes reports, consults on matters such as parliamentary procedure, and helps the two chambers resolve disagreements. It has been called the "House's think tank" and has a staff of about 900 employees.

The Congressional Budget Office (CBO) is a federal agency which provides economic data to Congress.

It was created as an independent non-partisan agency by the Congressional Budget and Impoundment Control Act of 1974. It helps Congress estimate revenue inflows from taxes and helps the budgeting process. It makes projections about such matters as the national debt as well as likely costs of legislation. It prepares an annual Economic and Budget Outlook with a mid-year update and writes An Analysis of the President's Budgetary Proposals for the Senate's Appropriations Committee. The speaker of the House and the Senate's president pro tempore jointly appoint the CBO director for a four-year term.

The Government Accountability Office (GAO), is a federal agency within the legislative branch that provides auditing, evaluative, and investigative services for the United States Congress in an independent and nonpartisan capacity.

Partisanship versus bipartisanship

Congress has alternated between periods of constructive cooperation and compromise between parties, known as bipartisanship, and periods of deep political polarization and fierce infighting, known as partisanship. The period after the Civil War was marked by partisanship, as is the case today. It is generally easier for committees to reach accord on issues when compromise is possible. Some political scientists speculate that a prolonged period marked by narrow majorities in both chambers of Congress has intensified partisanship in the last few decades, but that an alternation of control of Congress between Democrats and Republicans may lead to greater flexibility in policies, as well as pragmatism and civility within the institution.

Procedures

Sessions

A term of Congress is divided into two "sessions", one for each year; Congress has occasionally been called into an extra or special session. A new session commences on January 3 each year unless Congress decides differently. The Constitution requires Congress to meet at least once each year and forbids either house from meeting outside the Capitol without the consent of the other house.

Joint sessions

Joint sessions of the United States Congress occur on special occasions that require a concurrent resolution from House and Senate. These sessions include counting electoral votes after a presidential election and the president's State of the Union address. The constitutionally mandated report, normally given as an annual speech, is modeled on Britain's Speech from the Throne, was written by most presidents after Jefferson but personally delivered as a spoken oration beginning with Wilson in 1913. Joint Sessions and Joint Meetings are traditionally presided over by the speaker of the House, except when counting presidential electoral votes when the vice president (acting as the president of the Senate) presides.

Bills and resolutions

Ideas for legislation can come from members, lobbyists, state legislatures, constituents, legislative counsel, or executive agencies. Anyone can write a bill, but only members of Congress may introduce bills. Most bills are not written by Congress members, but originate from the Executive branch; interest groups often draft bills as well. The usual next step is for the proposal to be passed to a committee for review. A proposal is usually in one of these forms:

Bills are laws in the making. A House-originated bill begins with the letters "H.R." for "House of Representatives", followed by a number kept as it progresses.

Joint resolutions. There is little difference between a bill and a joint resolution since both are treated similarly; a joint resolution originating from the House, for example, begins "H.J.Res." followed by its number.

Concurrent Resolutions affect only the House and Senate and accordingly are not presented to the president. In the House, they begin with "H.Con.Res."

Simple resolutions concern only the House or only the Senate and begin with "H.Res." or "S.Res."

Representatives introduce a bill while the House is in session by placing it in the hopper on the Clerk's desk. It is assigned a number and referred to a committee which studies each bill intensely at this stage. Drafting statutes requires "great skill, knowledge, and experience" and sometimes take a year or more. Sometimes lobbyists write legislation and submit it to a member for introduction. Joint resolutions are the normal way to propose a constitutional amendment or declare war. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law but express the opinion of Congress or regulate procedure. Bills may be introduced by any member of either house. The Constitution states: "All Bills for raising Revenue shall originate in the House of Representatives." While the Senate cannot originate revenue and appropriation bills, it has the power to amend or reject them. Congress has sought ways to establish appropriate spending levels.

Public interaction

Advantage of incumbency

Senators face reelection every six years, and representatives every two. Reelections encourage candidates to focus their publicity efforts at their home states or districts. Running for reelection can be a grueling process of distant travel and fund-raising which distracts senators and representatives from paying attention to governing, according to some critics. Although others respond that the process is necessary to keep members of Congress in touch with voters.

Incumbent members of Congress running for reelection have strong advantages over challengers. They raise more money because donors fund incumbents over challengers, perceiving the former as more likely to win, and donations are vital for winning elections. One critic compared election to Congress to receiving life tenure at a university. Another advantage for representatives is the practice of gerrymandering. After each ten-year census, states are allocated representatives based on population, and officials in power can choose how to draw the congressional district boundaries to support candidates from their party. As a result, reelection rates of members of Congress hover around 90 percent, causing some critics to call them a privileged class. Academics such as Princeton's Stephen Macedo have proposed solutions to fix gerrymandering in the U.S. Senators and representatives enjoy free mailing privileges, called franking privileges; while these are not intended for electioneering, this rule is often skirted by borderline election-related mailings during campaigns.

In 1971, the cost of running for Congress in Utah was $70,000 but costs have climbed. The biggest expense is television advertisements. Today's races cost more than a million dollars for a House seat, and six million or more for a Senate seat. Since fundraising is vital, "members of Congress are forced to spend ever-increasing hours raising money for their re-election", according to the Fair Elections Now coalition.

The Supreme Court has treated campaign contributions as a free speech issue. Some see money as a good influence in politics since it "enables candidates to communicate with voters". Few members retire from Congress without complaining about how much it costs to campaign for reelection. Critics contend that members of Congress are more likely to attend to the needs of heavy campaign contributors than to ordinary citizens.

Elections are influenced by many variables. Some political scientists speculate there is a coattail effect (when a popular president or party position has the effect of reelecting incumbents who win by "riding on the president's coattails"), although there is some evidence that the coattail effect is irregular and possibly declining since the 1950s. Some districts are so heavily Democratic or Republican that they are called a safe seat; any candidate winning the primary will almost always be elected, and these candidates do not need to spend money on advertising. But some races can be competitive when there is no incumbent. If a seat becomes vacant in an open district, then both parties may spend heavily on advertising in these races; in California in 1992, only four of twenty races for House seats were considered highly competitive.

Perceptions

Prominent Founding Fathers, writing in The Federalist Papers, felt that elections were essential to liberty, that a bond between the people and the representatives was particularly essential, and that "frequent elections are unquestionably the only policy by which this dependence and sympathy can be effectually secured." In 2009, few Americans were familiar with leaders of Congress. The percentage of Americans eligible to vote who did, in fact, vote was 63% in 1960, but has been falling since, although there was a slight upward trend in the 2008 election.

Public opinion polls asking people if they approve of the job Congress is doing have, in the last few decades, hovered around 25% with some variation. Scholar Julian Zeliger suggested that the "size, messiness, virtues, and vices that make Congress so interesting also create enormous barriers to our understanding the institution ... Unlike the presidency, Congress is difficult to conceptualize." Other scholars suggest that despite the criticism, "Congress is a remarkably resilient institution ... its place in the political process is not threatened ... it is rich in resources" and that most members behave ethically. They contend that "Congress is easy to dislike and often difficult to defend" and this perception is exacerbated because many challengers running for Congress run against Congress, which is an "old form of American politics" that further undermines Congress's reputation with the public:

The rough-and-tumble world of legislating is not orderly and civil, human frailties too often taint its membership, and legislative outcomes are often frustrating and ineffective ... Still, we are not exaggerating when we say that Congress is essential to American democracy. We would not have survived as a nation without a Congress that represented the diverse interests of our society, conducted a public debate on the major issues, found compromises to resolve conflicts peacefully, and limited the power of our executive, military, and judicial institutions ... The popularity of Congress ebbs and flows with the public's confidence in government generally ... the legislative process is easy to dislike – it often generates political posturing and grandstanding, it necessarily involves compromise, and it often leaves broken promises in its trail. Also, members of Congress often appear self-serving as they pursue their political careers and represent interests and reflect values that are controversial. Scandals, even when they involve a single member, add to the public's frustration with Congress and have contributed to the institution's low ratings in opinion polls.

Smaller states and bigger states

When the Constitution was ratified in 1787, the ratio of the populations of large states to small states was roughly twelve to one. The Connecticut Compromise gave every state, large and small, an equal vote in the Senate. Since each state has two senators, residents of smaller states have more clout in the Senate than residents of larger states. But since 1787, the population disparity between large and small states has grown; in 2006, for example, California had seventy times the population of Wyoming.

Critics, such as constitutional scholar Sanford Levinson, have suggested that the population disparity works against residents of large states and causes a steady redistribution of resources from "large states to small states". Others argue that the Connecticut Compromise was deliberately intended by the Founding Fathers to construct the Senate so that each state had equal footing not based on population, and contend that the result works well on balance.

Members and constituents

A major role for members of Congress is providing services to constituents. Constituents request assistance with problems. Providing services helps members of Congress win votes and elections and can make a difference in close races. Congressional staff can help citizens navigate government bureaucracies. One academic described the complex intertwined relation between lawmakers and constituents as home style.

Motivation

One way to categorize lawmakers, according to former University of Rochester political science professor Richard Fenno, is by their general motivation:

Reelection: These are lawmakers who "never met a voter they didn't like" and provide excellent constituent services.

Good public policy: Legislators who "burnish a reputation for policy expertise and leadership".

Power in the chamber: Lawmakers who spend serious time along the "rail of the House floor or in the Senate cloakroom ministering to the needs of their colleagues". Famous legislator Henry Clay in the mid-19th century was described as an "issue entrepreneur" who looked for issues to serve his ambitions.

Privileges

Outside income and gifts

Representative Jim Cooper of Tennessee told Harvard professor Lawrence Lessig that a chief problem with Congress was that members focused on their future careers as lobbyists after serving – that Congress was a "Farm League for K Street". Family members of active legislators have also been hired by lobbying firms, which while not allowed to lobby their family member, has drawn criticism as a conflict of interest.

Members of congress have been accused of insider trading, such as in the 2020 congressional insider trading scandal, where members of Congress or their family members have traded on stocks related to work on their committees. One 2011 study concluded that portfolios of members of Congress outperformed both the market and hedge funds, which the authors suggested as evidence of insider trading. Proposed solutions include putting stocks in blind trusts to prevent future insider trading.

Some members of Congress have gone on lavish trips paid for by outside groups, sometimes bringing family members, which are often legal even if in an ethical gray area.

In 2026, proposals to prohibit members of Congress from trading individual stocks received renewed attention. In July, the House of Representatives passed the Stop Insider Trading Act, which would prohibit member of Congress from purchasing individual stocks while in office. The issue gained further prominence in September during the Republican Party's midterm convention in Dallas, where Representative Anna Paulina Luna advocated restrictions on congressional stock trading.

Pay

Some critics complain congressional pay is high compared with a median American income. Others have countered that congressional pay is consistent with other branches of government. Another criticism is that members of Congress are insulated from the health care market due to their coverage. Others have criticized the wealth of members of Congress. In January 2014, it was reported that for the first time over half of the members of Congress were millionaires. Congress has been criticized for trying to conceal pay raises by slipping them into a large bill at the last minute.

Members elected since 1984 are covered by the Federal Employees Retirement System (FERS). Like other federal employees, congressional retirement is funded through taxes and participants' contributions. Members of Congress under FERS contribute 1.3% of their salary into the FERS retirement plan and pay 6.2% of their salary in Social Security taxes. And like federal employees, members contribute one-third of the cost of health insurance with the government covering the other two-thirds. The size of a congressional pension depends on the years of service and the average of the highest three years of their salary. By law, the starting amount of a member's retirement annuity may not exceed 80% of their final salary. In 2018, the average annual pension for retired senators and representatives under the Civil Service Retirement System (CSRS) was $75,528, while those who retired under FERS, or in combination with CSRS, was $41,208.

Members of Congress make fact-finding missions to learn about other countries and stay informed, but these outings can cause controversy if the trip is deemed excessive or unconnected with the task of governing. For example, The Wall Street Journal reported in 2009 that lawmaker trips abroad at taxpayer expense had included spas, $300-per-night extra unused rooms, and shopping excursions. Some lawmakers responded that "traveling with spouses compensates for being away from them a lot in Washington" and justify the trips as a way to meet officials in other nations.

By the Twenty-seventh Amendment, changes to congressional pay may not take effect before the next election to the House of Representatives. In Boehner v. Anderson, the United States Court of Appeals for the District of Columbia Circuit ruled that the amendment does not affect cost-of-living adjustments.

Members of Congress first elected in 1984 or later are generally covered by the Federal Employees Retirement System (FERS), which includes Social Security, a basic retirement annuity, and the Thrift Savings Plan. Members become vested in a pension after five years of service, and under FERS may receive a pension at age 62 with at least five years of federal service, at age 50 with at least 20 years of service, or at any age with at least 25 years of service. The amount of the pension is based on the member's length of service, accrual rate, and the average of the three consecutive years of highest pay, often called the "high-3" salary. Members first covered by FERS after 2013 generally contribute 4.4 percent of pay toward FERS, in addition to Social Security payroll taxes. As of October 1, 2022, 619 retired members of Congress received federal pensions based at least partly on congressional service; the average annual annuity was $84,504 for retirees under the older Civil Service Retirement System and $45,276 for retirees with service under FERS.

Postage

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. Some academics consider free mailings as giving incumbents a big advantage over challengers.

Protection

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. 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.

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.

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.