Congress guides

How Congress works

Congress and the Constitution

• What is Congress?

  Congress is the federal legislature, made up of the House and Senate.

• What are enumerated powers?

  Enumerated powers are powers the Constitution expressly grants to the federal government.

• What is the necessary and proper clause?

  The Necessary and Proper Clause lets Congress make laws that carry out federal powers.

• What is the commerce clause?

  The commerce clause gives Congress power to regulate commerce with foreign nations, among states, and with Indian tribes.

• What are implied powers?

  Implied powers let Congress carry out powers the Constitution already grants.

• What are reserved powers?

  Reserved powers stay with the states or the people under the Tenth Amendment.

• What are concurrent powers?

  Concurrent powers belong to both the federal government and the states.

• What is the vesting clause?

  The three vesting clauses assign federal legislative, executive, and judicial power to separate branches.

• What is the privileges and immunities clause?

  The Privileges and Immunities Clause protects citizens of other states from discrimination in basic civil rights.

• What is an ex post facto law?

  An ex post facto law retroactively criminalizes conduct or increases its punishment.

• What is a bill of attainder?

  A bill of attainder is a law that punishes a named person or group without a trial.

• What is the emoluments clause?

  The emoluments clause limits gifts and benefits federal officers may accept from foreign states.

• What is the Origination Clause?

  The Origination Clause requires revenue bills to start in the House, but the Senate may amend them.

How laws pass

• How a bill becomes a law

  A bill becomes law when both chambers of Congress pass the same text and the president signs it.

• What does the House Rules Committee do?

  The House Rules Committee proposes terms for floor debate and amendments.

• What does the House Ways and Means Committee do?

  The House Ways and Means Committee writes tax and revenue bills and covers Social Security, Medicare, and trade.

• What is a discharge petition?

  A discharge petition lets House members bypass a committee to bring legislation to the floor.

• What is a motion to recommit?

  A motion to recommit asks the House to send a bill back to committee before final passage.

• What is a conference committee?

  A conference committee negotiates one bill text when the House and Senate pass different versions.

• What is a veto?

  A veto is the president’s rejection of a bill that Congress passed.

• What is a veto override?

  A veto override lets Congress enact a bill despite the president’s veto.

• What is a pocket veto?

  A pocket veto kills an unsigned bill when Congress adjourns and prevents its return.

• What is a signing statement?

  A signing statement is a written comment a president issues when signing a bill.

• What is a line-item veto?

  A line-item veto cancels parts of a bill while keeping the rest.

• What is a lame duck session?

  A lame duck session happens after voters elect the next Congress but before the current term ends.

Senate procedure

• What is a filibuster?

  A filibuster delays or blocks a Senate vote by extending debate.

• What is cloture?

  Cloture is how the Senate votes to end a filibuster.

• What is the nuclear option?

  The nuclear option lets a simple Senate majority set a new precedent on how a rule applies.

• What is unanimous consent?

  Unanimous consent lets the Senate set aside a rule of procedure when no senator objects.

• What is advice and consent?

  Advice and consent gives the Senate a role in presidential appointments and treaties.

• What is the appointments clause?

  The Appointments Clause sets the rules for choosing federal officers through presidential nomination and Senate consent.

• What is a recess appointment?

  A recess appointment lets the president temporarily fill a vacancy while the Senate is in recess.

• What does the Senate parliamentarian do?

  The Senate parliamentarian advises on Senate rules and procedure.

Budget and spending

• What is a continuing resolution?

  A continuing resolution funds federal programs when regular appropriations are not yet law.

• What is the Antideficiency Act?

  The Antideficiency Act limits federal spending without available appropriations.

• What is the debt ceiling?

  The debt ceiling limits federal borrowing to meet existing legal obligations.

• What is an appropriations bill?

  An appropriations bill provides funding for federal agencies and programs when it becomes law.

• What is an omnibus bill?

  An omnibus bill packages several measures into one vote.

• What is pork barrel spending?

  Pork barrel spending is federal money aimed at one member’s district or state.

• What is budget reconciliation?

  Budget reconciliation lets Congress change taxes, mandatory spending, or the debt limit through an expedited process.

• What is the Byrd rule?

  The Byrd rule limits extraneous provisions in Senate reconciliation bills.