U.S. Congress - statistics & facts

Checks and balances

While it is often said that the U.S. Government is made up of three co-equal branches – the executive, judicial, and legislative branches – the legislature is perhaps the most eminent. Its primary function is to make laws, but it also has significant checks over both the executive and judicial branches.

Over the executive branch, Congress has the power to remove a sitting president through impeachment, as well as the ability to reject presidential appointments of judges and officials. Either house can open an investigation into executive activities and officers. If the president vetoes a law already passed by Congress, Congress can override the veto. It can also refuse to pass laws the executive wants and can refuse to appropriate funds for executive programs.

Over the judiciary, Congress has the power to impeach and remove judges, just as it can with the president. The Senate can refuse to appoint justices put forward by the president, and Congress as a whole has the power to add or remove courts and change their jurisdiction. Additionally, Congress can pass new laws that override Supreme Court rulings, as long as those rulings are not based on the Constitution.

A bicameral legislature

The two chambers of Congress are sometimes referred to as the upper house (the Senate) and the lower house (House of Representatives). A bicameral legislature is thought to provide an additional check on executive power, and, in the United States, enhances the representative balance between larger and smaller states. To levy many of its powers, the chambers of Congress must work together to ensure the smooth functioning of government. Its joint powers include the collection and levying of taxes, borrowing money, regulating trade and commerce, establishing immigration rules, and declaring war.

Although the chambers must generally work together, public confidence in the ability of the Republican and Democratic Party to work together has decreased drastically. Furthermore, the splintering of the two-party system has seen deeper factions emerge within parties themselves such as “The Squad” in the Democratic Party, and the “Never Kevin” anti-Kevin McCarthy faction of the Republican Party. Political division in the U.S. is making it increasingly difficult for parties and government to function in a meaningful way. More than two-thirds of the American public consistently disapprove of Congress, and more than half think a civil war is possible in the coming years. In 2023, Americans are looking for a new Congress that will tackle the ongoing inflation crisis and take steps to preserve democracy.

The House of Representatives

Each house of Congress has unique characteristics and is accordingly delegated unique powers. There are 435 members of the House of Representatives with the number of representatives from each state being determined by that state’s population. Smaller states like Vermont or Wyoming have one, while larger states have more – such as California with 52. Members are elected every two years to ensure they are dynamically representative of the constituents they serve and changing public opinion.

The House has the power to impeach the president and other federal officials (but not remove them from office), decide presidential elections if no candidate wins a majority of electoral votes, control the budget, and to initiate bills related to the collection of taxes – sometimes known as “power of the purse.” The House is currently controlled by Republicans, who occupy 222 of the 435 seats, with Mike Johnson serving as Speaker.

The Senate

The Senate has two Senators from each state for a total of 100 Senators, meaning that a small state like Rhode Island has equal representation to a much larger state like Texas. The Senate was originally conceived of as a chamber more separated from the public – it has an older minimum age requirement and a Senate term lasts six years, rather than two years like in the House. Senate elections are staggered so that in any given election year a third of Senate seats are on the ballot.

The Senate’s exclusive powers include the ability to ratify treaties made between the United States and foreign nations, and the ability to approve or reject presidential nominations for federal judges, ambassadors, and executive officials. Additionally, the Senate is the body responsible for conducting the trials of officials once the House has impeached them. The Senate is currently controlled by Democrats who occupy 48 seats but have three independent members as part of their caucus – they are led by Senate Majority Leader Chuck Schumer. In the event of a 50-50 tie on a vote, the President of the Senate casts the deciding vote. The role of Senate President resides with the Vice President of the United States – Kamala Harris.

Diversity

The United States has a diverse population, and it is important that Congress reflect this diversity in order to ensure that the interests and concerns of all Americans are represented. A diverse Congress can also bring different perspectives and experiences to the legislative process, which can lead to more informed decision making. There has been a lasting history of underrepresentation of certain groups in Congress, and the legislative body has long received criticism for a lack of term limits allowing for a disproportionate number of older, Protestant men to remain in power. Women and people of color have been historically underrepresented in both the House and the Senate, but consistent progress has been made in recent years.

As of January 2023, 27.9 percent of the entire congressional membership were women, the highest share ever recorded. A full quarter of sitting Senators are women, as is around 28.5 percent of the House. Nancy Pelosi, who stepped down as Speaker of the House following the 2022 midterms, was the first woman to serve in the role. After her departure, Hakeem Jeffries was nominated leader of the Democratic Party and subsequently became the first Black lawmaker to lead any political party in the U.S.

As with the plight of women, there is more work to be done to increase racial diversity in Congress. The 118th Congress was one of the most diverse, with a record number of Black, Asian, and Hispanic heritage members. 59 of the women in the 118th Congress are women of color. Internal congressional organizations such as the Congressional Black Caucus, the Congressional Hispanic Caucus, and the Congressional Asian Pacific American Caucus work to promote the interests of their respective communities in the legislative process.