The Legislative Branch
A Modern Parent's Guide to How Congress Really Works
Like many Americans, my understanding of Congress was primarily shaped by Schoolhouse Rock.
While those catchy tunes provided a foundation, the actual workings of Congress are far more nuanced and fascinating. As I've deepened my understanding through my Substack journey, I've discovered that knowing how Congress truly operates isn't just for political insiders – it's essential knowledge for every engaged citizen and parent.
Prefer to listen? Here’s an audio version of this article.
The Basic Blueprint: Congress's Two-Chamber System
Think of Congress as a house with two very different rooms. One room, the Senate, has 100 members (two from each state) who stay for six-year terms. Here in Arizona, we had one Senator elected in the November 2024 election since one of our current senators Kyrsten Sinema did not seek re-election,which was won by Ruben Gallego. Our second senator is Mark Kelly.
The other room, the House of Representatives, has 435 members whose numbers per state depend on population, serving shorter two-year terms. In Arizona, for example, we have two senators but nine representatives serving nine different districts due to our population size.
The Congressional Calendar: More Than Just a Schedule
Congress operates on a unique two-year cycle called a "Congress." We're currently approaching the 119th Congress, which will run from January 3, 2025, to January 3, 2027. Each Congress is divided into two one-year sessions, but don't think of this as a typical calendar year. The congressional schedule is more like a carefully choreographed dance between Washington work and district time.
There isn't a fixed number of days Congress members are required to participate in sessions. Here's how it works:
Congressional Session: Congress is required to meet at least once a year, but the actual number of days they are in session can vary widely.
House and Senate Rules:
House of Representatives: Members are expected to be present for votes, committee meetings, and other congressional duties. However, there isn't a specific mandatory number of days; attendance is more about fulfilling legislative duties than a set number of days.
Senate: Similar to the House, Senators are expected to attend when Congress is in session, but there's no fixed number of days they must be present.
Legislative Calendar:
Both the House and Senate have their own legislative calendars which outline when they are in session. These calendars include session days, recess periods, and district work periods. For example:
2023: The House was in session for approximately 154 days, and the Senate for around 163 days, but these numbers can fluctuate each year based on legislative needs, elections, and other factors.
Voting and Attendance:
Members can be penalized for missing votes or for excessive absences, but this is more about maintaining quorum and ensuring legislative work can proceed rather than enforcing a specific number of days.
Committee Work: Much of a Congress member's work also happens in committees, which might meet outside of full session days.
Constituent Services: Congress members often spend significant time in their home districts or states during recesses, working on constituent services, which is another aspect of their required participation but not counted in session days.
While there's no exact number of days mandated for participation, Congress members are expected to be present for legislative activities, committee meetings, and votes when Congress is in session, which can amount to several hundred days annually, depending on the legislative calendar and specific year's events.
How Congress Works
While Schoolhouse Rock got the basics right, the real process is more complex:
Legislation
Bills can start in either chamber (except for money bills, which must start in the House)
Committees serve as the workhorses, where most of the detailed work happens like reviewing, amending, and voting on bills.
Bills that pass committee are considered on the floor of each chamber. Floor votes are often just the visible tip of a very large legislative iceberg
If both chambers pass the same version of a bill, it goes to the President for signing or veto.
Oversight:
Congress oversees the executive branch to ensure laws are implemented properly, often through hearings.
Representation:
Members represent their constituents, addressing their concerns and advocating for district or state interests.
Congressional Calendar:
Legislative Days: Days when Congress is in session, typically Monday through Thursday for votes.
District Work Periods: Times when members return to their districts, often weekends or longer recesses. These aren't vacations – they're crucial times for representatives to connect with constituents and understand local needs
Understanding Congressional Leadership
Each chamber has its own leadership structure:
The House is led by the Speaker. The current Speaker of the House of Representatives is Mike Johnson, a Republican from Louisiana.
The Speaker of the House serves for the duration of the term of the U.S. House of Representatives, which is two years. However, there's no fixed term limit for the position of Speaker itself, meaning:
A Speaker can be re-elected to the position as long as they are also elected or re-elected as a Representative and maintain the support of the majority in the House.
They can resign, be voted out, or lose the position if their party loses the majority in an election or if there's a change in party leadership.
The Senate is led by the Majority Leader. The current Majority Leader of the Senate is John Thune, a Republican from South Dakota.
Similar to the Speaker of the House, the Majority Leader of the Senate serves for the duration of the Senate's term, which is two years. However, there are some key points to consider:
The Majority Leader position does not have term limits; they can continue in the role as long as they are re-elected as a Senator and maintain the support of their party caucus.
The position is contingent on the party holding the majority in the Senate. If the majority shifts to the other party in an election, the Majority Leader from the previous majority party becomes the Minority Leader, and a new Majority Leader is elected by the new majority party.
The Senate caucus of the majority party elects their leader, so the Majority Leader can be replaced by their party at any time through a leadership election if they lose support.
Therefore, the actual tenure of a Majority Leader can vary greatly, based on election outcomes, party dynamics, and the individual's standing within their party.
Committee chairs also hold extraordinary influence over America's legislative process, often called "little kings" in their policy domains. These chairs decide which bills get hearings, control the committee's budget and staff, and can effectively kill legislation by simply refusing to schedule it for discussion. For example, when Senator Joe Manchin (an Independent formerly a Democrat from WV) chaired the Energy and Natural Resources Committee, he significantly shaped climate policy by controlling which energy bills advanced. Similarly, House Financial Services Committee chairs have historically wielded enormous power over Wall Street regulation – former Chair Maxine Waters' (D-CA) leadership was crucial in advancing cryptocurrency oversight legislation. The House Ways and Means Committee chair, traditionally called the second most powerful position in the House, essentially controls all tax and revenue legislation. When Representative Richard Neal (D-MA) held this position, he played a pivotal role in shaping major tax reforms and trade agreements. Perhaps most notably, Senate Judiciary Committee chairs have immense influence over the federal judiciary, as they decide which judicial nominees receive hearings and how quickly they move through the confirmation process – a power clearly demonstrated during Supreme Court nominations.
In the current (118th) Congress, there are:
House of Representatives:
23 Permanent (Standing) Committees
1 Permanent Select Committee (Intelligence)
Multiple subcommittees under each committee
Can create Special or Select committees as needed
Senate:
16 Standing Committees
4 Special or Select Committees (Intelligence, Indian Affairs, Ethics, and Aging)
Multiple subcommittees under each committee
Joint Committees (involving both House and Senate members):
4 Joint Committees:
Joint Committee on Taxation
Joint Committee on the Library
Joint Committee on Printing
Joint Economic Committee
Some of the most influential committees include:
House Ways and Means (tax policy)
House Appropriations (spending)
Senate Finance (tax and revenue)
Senate Foreign Relations (foreign policy)
House Rules (controls how bills come to the floor)
Senate Judiciary (judicial nominations)
House Energy and Commerce (broad jurisdiction over many economic sectors)
Each committee also has varying numbers of subcommittees. For example, the House Armed Services Committee currently has seven subcommittees, while the Senate Agriculture Committee has five.
Renewal and Continuity
While there is a "new" Congress every two years, this refers to the entire two-year cycle of the legislative body, not an annual reset. The term encompasses both the renewal of the House every two years and the ongoing nature of the Senate's six-year terms, creating a blend of fresh starts and continuity in the legislative process.
Continuity:
Senators serve staggered terms, so only about a third of the Senate changes each election cycle, providing continuity.
Congressional staff, committee structures, and ongoing legislative work provide continuity despite the election of new members.
Fresh Start:
At the beginning of a new Congress, members must be sworn in, new rules might be adopted, and committee leadership can change, especially if there's a shift in party control.
Lame Duck Session: The period between the election and the new Congress is often used to finish business or can be a time when a "lame duck" Congress (one with members who have lost re-election or are retiring) might still pass legislation.
Keeping Track of Congress
For citizens wanting to stay informed:
Official websites (House.gov and Senate.gov) provide live updates and schedules
The Clerk of the House and Secretary of the Senate publish daily updates
Committee websites often live-stream hearings
Social media accounts of representatives and committees offer real-time insights
Understanding how Congress works isn't just about civic education – it's about knowing how to effectively engage with the system that shapes our lives and our children's futures. Whether you're concerned about education policy, healthcare, or any other issue affecting your family, knowing the rhythms and rules of Congress helps you engage more effectively with your representatives and the legislative process.