legislative power essay

Legislative Branch Structure and Role Essay

Introduction, the house of representatives, the role of the legislative branch in law making, works cited.

Article I of the United States Constitution provides for the establishment of a legally mandated law-making organ in the country. It is referred to as the Legislative Branch. This Legislative Branch consists of the Senate and the House of Representatives. These two houses together constitute the U.S federal Congress. The Legislative Branch has the constitutional authority to exercise certain legal obligations on behalf of the state.

The fifty states of the United States of America share a total of 435 membership bench derived from the House of Representatives (Danker, p. 21). This is done on a pro-rata basis. There is an additional six-member team that is not elected by the popular vote.

There are exclusive powers which the House of Representatives is accorded by law. For instance, bills that are introduced into the House that deal with manners of revenue are supposed to be initiated and moved by members of the House of Representatives. Such bills are discussed, debated upon through a motion, and then finally passed or dropped. Hence, the House of Representatives acts as a check and balance to income and expenditure trends and expectations with the state.

Additionally, there are instances when federal officials who are holding significant offices may breach their terms of service through malpractices like corrupt deals and gross mismanagement. It is the legal duty of the House of Representatives to impeach such officials. This is an oversight authority it is accorded by the constitution.

Members of the House of Representatives can also participate in the election of the president whenever there is a rift in an electoral college.

Each state has two elected senators. They have a six-year period to be in office after being elected. The chief authority of the Senate is the Vice President. The latter may vote to decide the winner in Senate elections.

One of the legislative powers of the Senate is to give a nod to those federal officials who have been appointed by the president especially if there is a need to do so. The ratification of both domestic and international agreements is also done by the Senate (Danker, p. 48).

All bills debated and approved by the Legislative Branch must be unanimous, that is equal participation through the voting process.

Once the bill has been introduced into the federal Congress; some committees are specifically mandated to review the bill. One of these committees is a 17 member team derived from the Senate. Moreover, there are 23 members from the House of Representatives forming a review committee. Besides, other sub-committees are constituted to work jointly with the Legislative Branch. Each of the committees has a specific area assigned. For example, there is a Legislative Branch House Committee that reviews all bills related to Trade and Security.

The full committee team plays a referral role on all review submissions from the sub-committees. Both committees have the role of amending the proposed bills where deemed necessary. In some instances, the entire proposal may be adopted fully or rejected altogether (Quirk & Binder, p. 3). During the review process by the full and sub-committees, the merits of the proposed law are discussed at length together with the non-committee members. This is done in form of periodic formal hearings. Usually, such hearings are made public and those opposed to the bill as well as law experts are given the due chance to air their views. Once the bill is unanimously passed by the select committee derived from the Legislative Branch, it can either be formally presented to the House of Representatives or the Senate. A schedule is then drawn by the headship of the party with a leading vote status. For the bill to move to the next step, it must be put on the calendar of events (Quirk & Binder, p. 38).

Once the bill is presented in the House of Representatives, a debating session follows whereby each House representative is awarded a specific limited time to air submissions. Usually, there are minimal amendments if any, on the bill. However, the Legislative Branch of the Senate can have a more extensive debate on the proposed law. Further issues surrounding the bill can be deliberated upon. The Senate can debate for the bill as many times as possible. Both the Senate and the House of Representatives must unanimously give a nod to the bill before it is advanced to the president. The requirement by law that the two proposals debated at both the Senate and House level be the same in terms of words used is usually not pragmatic at all (Little & Ogle, p. 231). As a result, another special Conference Committee performs the task of harmonizing the bills. Members of the Conference Committee are drawn from the Legislative Branch of Congress. The final report produced by this committee is then brought back to both chambers for final deliberations and debate. From this stage onwards, and depending on whether the bill has been accepted or rejected, it is upon the Secretary of either chamber to advance the bill to the next stage.

The proposed law is then presented to the President so that he or she can put it for consideration. If the President accepts the bill as a good piece of legislation, he is then entitled to sign it into law. However, if the bill is rejected, he or she may return it to Congress for further debate and ratifications. Nevertheless, this veto authority of the President can be overruled by a two-thirds majority vote on the bill from both the Senate and the House of Representatives which form the Legislative Branch (Little & Ogle, p. 191). Hence, the Legislative Branch still has voting power in the law-making process despite the Presidential authority to veto proposed bills. It should be noted that each chamber of Congress has its powers. For example, Article I of the U.S constitution allows each chamber to take a corrective measure against its member and it is also [possible to expel a member by a two-thirds majority vote.

In summing up the powers of the Legislative Branch and its role in the law-making process, it is imperative to note that both the Senate ad the House of Representatives have specific authorities and legislative powers as guaranteed in the constitution. Nevertheless, both chambers remain to be key law-making arms in the federal Congress. Moreover, the Legislative Branch has the authority to impeach a federal officer who might be guilty of abuse of office while the Senate ratifies treaties that are significant both on domestic and international affairs.

• Danker C. Anita. The essentials of political science. New Jersey: Research and Education Association, 2003.Print.
• Little H. Thomas and Ogle B. David. The legislative branch of state government: people, process, and politics. California: ABC-CLIO Inc., 2006. Print.
• Quirk J. Paul and Binder A. Sarah. The legislative branch. New York: Oxford University Press 2005. Print.
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IvyPanda. (2021, December 27). Legislative Branch Structure and Role. https://ivypanda.com/essays/the-legislative-branch/

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Bibliography

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The first amendment, module 7: the legislative branch: how congress works.

The Constitution grants Congress—our nation’s legislative branch—the power to make laws. The legislative branch is outlined in Article I of the Constitution. The Constitution divides Congress into two houses—the U.S. House of Representatives and the U.S. Senate. The House of Representatives is composed of representatives proportionate to each state’s population. At the same time, the Senate is organized under the principle of equal state representation—with each state, regardless of its population, receiving two Senators. 

In this module, students will examine primary and secondary sources to learn about the legislative branch’s structure, functions, and powers as granted by the Constitution and defined by the courts over time. Students will also explore the legislative process and the role that civil dialogue and political compromise play in crafting national laws.

Download all materials for this module as a PDF

Learning Objectives

• Explain the Founders’ vision for Congress and explore the key debates and compromises at the Constitutional Convention.
• Describe the role that Congress plays in the national government.
• Identify the powers that the Constitution grants to Congress.
• Discuss how the Supreme Court has interpreted the powers of Congress over time.
• Compare the Founders’ vision for Congress with how Congress works in practice.

7.1 Activity: How does Congress Work?

• Student Instructions
• Teacher Notes

Purpose In this activity, you will explore how Congress works and learn about how the founders expected it to work. You will discuss the value of using a slow and deliberative process to make national laws. However, you will also debate the tradeoffs of this system. 

Process What is the first thing that comes to your mind when you hear the word Congress? Next, review the Visual Info Brief: Political Cartoon image and explain what the political cartoonist is trying to say about Congress. Finally, list three words or terms that you hear people say about Congress outside of this class. Think about the ways that the news portrays Congress.

After reviewing the image, answer the following questions:

• What is the cartoonist trying to say about Congress?
• List three action words that explain what you hear people saying about Congress.

Now, review the following quotes about Congress’s lawmaking process by a leading scholar of the founding era and of the constitutional thought of James Madison and Alexander Hamilton, Federalist No. 70

  “Madison’s overall aim was not to stymie the will of the majority, but rather to place obstacles in the path of factions, including majority faction. At the same time, he sought to facilitate the development of a just majority, or in other words, the reason of the public. . . . Too swift and facile political communication allows the mere will of the majority, or sheer power, to rule in the regime.   The slow, measured process of the communication of ideas, however, refines and modifies the will of the society, subjecting power to the test of right reason.” - Colleen Sheehan Professor, School of Civic and Economic Thought and Leadership, Arizona State University

“The differences of opinion, and the jarrings of parties in [Congress], though they may sometimes obstruct salutary plans, yet often promote deliberation and circumspection, and serve to check excesses in the majority.” Alexander Hamilton, Federalist No. 70

Reflect on the quotes and record your answers to the following questions:

• What is the scholar trying to say about Congress and the value of a demanding political process?
• List three ideas that explain how Congress is supposed to work.

Launch Ask the students the first thing that comes to mind when they hear the word “Congress.” Write ideas on the board and note any patterns.

Give students time to analyze the political cartoon and as a group answer the guiding questions.  What is the cartoonist trying to say about Congress? The goal of this analysis is to address the impressions that students may already have—that Congress is dysfunctional, with a lot of partisan fights. The system can be nasty. It can be slow. Often, Congress struggles to get anything done—even when it seems to many Americans like there are serious problems worth addressing.

Then, you can pivot to the founders’ vision and the benefits of the system. Give students time to analyze the scholarly quotes about the value of a demanding political process and as a group answer the guiding questions. 

The Colleen Sheehan quote is from the following article: A Madisonian Constitution for All .    Activity Synthesis Now, share the following big idea: What if I told you that the founders wanted to slow down the political process in Congress? Discuss the idea of deliberation and the benefits and drawbacks of a slow process for making national laws. The goal is to get the students to see (and/or debate) the benefits of a slow, demanding process. When the process works, it is designed to promote deliberation, debate, compromise, and (ideally) better laws. However, the founders hoped that this demanding process would also ease public passions, curb bad laws, guard against government abuses, protect minority rights, and avoid government by faction (or, in today’s terms, parties). 

• What are the benefits of a slow, deliberative process? Why do you think that the Founding generation designed it this way? 
• What are the drawbacks of such a system?  
• How can such a process benefit a growing (and diverse) society with different needs and viewpoints? 
• What are some of the challenges of such a system in this context?

Activity Extension (optional) Now that students have a better understanding of the debate, ask the following question:

• What are examples of the advantages and disadvantages of a slow lawmaking process? 

7.1 Visual Info Brief: Political Cartoon

7.2 activity: structure, powers and limits of congress.

Purpose Article I establishes the national government’s legislative branch—Congress.

Article I is the longest part of the Constitution. That’s because the Founding generation expected Congress to be the most powerful—and most dangerous—branch of government. Article I also sets out the powers of Congress and lists certain limits to those powers.

In this activity, you will explore the structure, powers, and limits of Congress. 

Process As a group, read and review the Article I, Section 8 text , on the Powers of Congress from the Interactive Constitution . Then read the Common Interpretation essay Article I, Sec. 8: Federalism and the Scope of National Power by Randy Barnett and Heather Gerken and answer the questions in the Activity Guide: Powers and Structure of Congress worksheet. 

Next, your group will then be assigned an additional Interactive Constitution Common Interpretation essay on Congress. Read the assigned essay and complete the final section of the Activity Guide: Powers and Structure of Congress worksheet for your group. 

As a class, read the following article:

• Article I, Section 8, Text, IC Essay on Federalism and the Scope of National Power  

Then read the following sections:

• Text of the Constitution
• Common Interpretation

When finished, work with your groups to create a class poster that shows how Congress works.

• Define the structure, powers, or limits on a Post-it note and add it to the correct circle.
• Add elements to the poster to support main ideas and contribute details, for example, drawings, videos, or QR codes.
• Add combination jobs to the center of the diagram.

Launch Review the overall summary of how Congress works and the flow/process of its lawmaking functions.

• Role of Congress: Students define the role of Congress in the national government. 
• Parts of Congress: Students define the different parts of Congress and their roles and authority.
• Defined Powers: Students list the powers of Congress and tag it as a role of the House, the Senate, or both. Include how Congress checks the other branches.
• Defined Limits: Students list the limits of Congress’s power. Also define the other branches that set those limits.

Split the class into groups and assign part(s) of Article I. Then, ask students to complete the Activity Guide: Powers and Structure of Congress worksheet for your assigned group.

Each group will contribute to a full class poster that shows how Congress works. The poster will be a large Venn diagram that will list structure, powers, and limits, and students will define the structure, power, or limit on a Post-it note and add it to the correct circle. Combination jobs will be added to the center. 

Activity Synthesis Have students explain their contribution to the poster and summarize how Congress works.

7.2 Activity Guide: Powers and Structure of Congress

7.3 video activity: powers of congress.

Purpose In this activity, you will explore how Article I of the Constitution sets out the powers of Congress and also establishes limits on those powers. You will also explore how Supreme Court cases have interpreted those powers over time. 

Process Watch the following video about the powers of Congress. 

Then, complete the Video Reflection: Powers of Congress worksheet.

Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions.

Launch Give students time to watch the video and complete the worksheet. 

Hand out the Video Reflection: Powers of Congress worksheet and ask students to organize the decisions by the Supreme Court and the effects on congressional power over time.

Activity Synthesis Have students share their responses with one or two students and then review as a class. 

Activity Extension (optional) Now that students have a better understanding of the powers of Congress, ask students to find a current news article about Congress. 

7.3 Video Reflection: Powers of Congress

7.4 activity: tests of congressional power.

Purpose In this activity, you will explore how various Supreme Court cases have interpreted the scope of congressional power in the Supreme Court’s own words. Examine these three cases to understand how the Court’s rulings shaped these powers over time.

Process Work in your group to review one of the following cases:

• Primary Source: McCulloch v. Maryland (1819)
• Primary Source: Wickard v. Filburn (1942)  
• Primary Source: United States v. Lopez (1995)

After you review the case brief, complete the Case Brief: Tests of Congressional Power worksheet.

After you have completed the worksheet, create a podcast (3-5 minutes) with your group covering the following topics: 

• What is the main topic of the case?
• What is the constitutional question in the case?
• Tell us what happened and who are the people in the case.
• How did it affect the powers of Congress back then and today?

Launch Divide class into three groups and assign a case to each group to review and answer the questions in the worksheet. Then, the group will create a podcast about their case.

Looking for some support on how to do a podcast in class? Check out this list of helpful websites to support this fun and educational learning experience for your students. 

• Hello Teacher Lady
• New York Times: Project Audio
• Reading Rockets: Creating Podcasts with Your Students

Activity Synthesis Have students share their podcast recordings with the rest of the class.

Activity Extension (optional) Now that students have a better understanding of current court cases, ask the following question:

• The Supreme Court has trimmed back a bit on the powers of Congress. Do you think that is a good thing or bad thing?

7.4 Primary Source: McCulloch v. Maryland (1819)

7.4 primary source: wickard v. filburn (1942), 7.4 primary source: united states v. lopez (1995), 7.4 case brief: tests of congressional power, 7.5 activity: how a bill becomes a law.

Purpose The role of a member of Congress is to craft laws that are consistent with the Constitution and that promote the common good. However, the Constitution itself lays out a demanding process—one that slows politics down, promotes deliberation and debate, and (often) requires compromise. In this activity, you will explore what the Constitution says about how Congress works and get to experience how a bill becomes a law and more importantly how to build consensus. 

Process You are a U.S. senator. Work with your team to complete the Activity Guide: Building Consensus  worksheet. 

After you write your law, you can begin to work with other teams to persuade, re-write, and compromise to make a law that is consistent with the Constitution and works for the entire country. 

Launch Break students into groups that represent regions of the United States. Each team will represent a different region (NE, SE, NW, SW, etc.) and their interests, but all groups will be given the same topic to address in a new law. Provide details on how each step of the process works from the Activity Guide. Depending on how much time you have in class, have students brainstorm national issues and pick from the list they develop. Some issues for students to consider are education, taxes, the economy, national security, health care, immigration, the environment, guns, and crime.

A key to productive consensus building is building norms and civil dialogue practices in your classroom. For more information on these classroom tools check out the Civil Dialogue Toolkit .  

Activity Synthesis Have students share their thoughts on engaging in the process of writing a new law. Which parts were the most frustrating? Which parts were most satisfying? How does the system compare to the founders’ vision?

Activity Extension (optional) Now that students have a better understanding of how to create a new law, have them read the article, Political Polarization Killed the Filibuster and answer the following questions:

• What are the benefits of having a filibuster? What are the drawbacks?
• What would be the implications of removing the filibuster?

7.5 Activity Guide: Building Consensus

7.6 test your knowledge.

Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered.

Complete the questions in the following quiz to test your knowledge.

This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.

7.6 Interactive Knowledge Check: The Legislative Branch: How Congress Works

7.6 printable knowledge check: the legislative branch: how congress works, previous module, module 6: separation of powers and federalism, next module, module 8: the presidency and executive power.

Article II of the Constitution establishes the executive branch of the national government, headed by a single President. Article II outlines the method for electing the President, the scope of the President’s powers and duties, and the process of removing one from office. The President’s primary responsibility is to carry out the executive branch’s core function—namely, enforcing the nation’s laws. From the debates over how to structure the Presidency at the Constitutional Convention to modern debates over executive orders, this module will explore the im...

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Handout A: Background Essay – All Legislative Powers Herein Granted – The Legislative Process 1789-1860

All Legislative Powers Herein Granted, The Legislative Process 1789-1860

Directions: Read the essay and answer the critical thinking questions at the end.

In the early republic, Congress was a colorful, exciting, unpredictable, and contentious branch of the United States government. The members constantly quarreled but often deliberated and compromised through persuasive oratory and rational conversation. Congress was divided by party and sectionalism, but was guided through these difficulties by legislative statesmen. The Congress continued to function as the undisputed law making body of the people of the United States. Even during some of its most tumultuous years, from 1789 until the outbreak of the Civil War in 1860, the Congress effectively governed the nation.

The first Congresses navigated the fierce debates of the early republic. One of its first acts was to create the parliamentary rules of order governing how legislation was brought to the floor, debated, and voted upon. This Congress also passed the first ten amendments to the Constitution, now collectively known as the Bill of Rights. Further, it began to tackle the pressing matters that loomed over the nation, such as the Revolutionary War debt that threatened to overwhelm the young financial system. After contentious debates, Congress passed the financial plans of Alexander Hamilton including assuming the debts of the states and creating a National Bank. Hamilton’s influence in Congress illustrated the importance of having a leader who sets the legislative agenda. Without such a leader within the Congress, in the 1790s that leadership came from the executive branch. Similarly, President Thomas Jefferson often sent bills over to Congress to be enacted, assuming leadership in the absence of strong initiative from within Congress. When Quakers introduced anti-slavery petitions, the issue of slavery further divided the members of Congress.

As Congress grappled with divisive issues, delegates began to join forces with those of similar interest and soon formed into coalitions. These coalitions rapidly formed into established political parties. These first two major parties were the Federalists and the Democratic-Republicans.

The Federalists tended to favor northern business interests and a strong executive. Led primarily by Alexander Hamilton, they worked to establish the First National Bank, and preferred strong relations with England over France. The Democratic-Republicans, led by Thomas Jefferson, represented the agrarian interests of the nation, opposed the centralization of power in the federal government, and preferred close ties with France to those with England.

These two parties would dominate political proceedings into the early nineteenth century. In 1800, the House of Representatives was called upon to settle its first disputed presidential election and constitutionally selected Thomas Jefferson over Aaron Burr when they were tied in the Electoral College vote. Congress outlawed the importation of slaves in 1808 and regulated commerce between Americans and Native Americans through the Indian intercourse acts. In 1812, it first exercised its power to declare war, initiating the War of 1812 with Great Britain. This divisive issue nearly split the nation along geographic lines, with New England, long a center of Federalist power, flirting with the idea of seceding, or leaving the country. The Federalist Party declined as a result of its association with the idea of secession.

In the early 1800s, three new members were elected to Congress whose voices would significantly influence the history of Congress and the United States. They were Henry Clay of Kentucky, Daniel Webster of New Hampshire and Massachusetts, and John C. Calhoun of South Carolina. Each would come to represent his region on the grand stage, and their debates and compromises characterized the antebellum period.

Henry Clay, elected in 1811, was immediately named Speaker of the House. Until this point, the Speaker of the House had primarily kept proceedings orderly as debate ensued on the floor. Clay, however, expanded his influence and used the chair as political tool, appointing political allies to head important committees. This enabled the Speaker to ensure loyalty to the priorities of the majority party in Congress. Since the Speaker is elected by the other members of the House, he acts as an agent of the national interest, offsetting the local attachments of each member. This politicization of the Speaker position continues to the present day.

The addition of new states to the Union caused sectional divisions between North and South. Through his political maneuverings, Clay was able to maintain the balance of power in the Senate with the Missouri Compromise of 1820. Missouri entered the Union as a slave state and Maine as a free state. At the same time, Congress attempted to head off future disputes by declaring slavery would not expand north of latitude line 36-30. While it would turn out to be a vain hope that Congress could continue to regulate the sectional differences over slavery, the agreement demonstrated that Congress could—for a time, at least—deliberate and compromise over the pressing issues of the day, as long as there were strong leaders who could use their influence to promote such compromises.

The Second Party System began after the election of 1824, which pitted John Quincy Adams against Andrew Jackson. As in 1800, the election was decided in the House of Representatives when no candidate received an absolute majority of electoral votes. Clay used his political influence as Speaker to sway votes toward John Quincy Adams, who became president.

The two new parties to arise were the Democratic Party and the Whigs. The parties divided on issues such as the Second National Bank, protective tariffs, internal improvements, and the expansion of slavery in the territories. This period also saw the rise of disparate beliefs within the government on the nature of the Union and the animating principles of government in the Constitution. These divisions over political philosophy revealed deep rifts associated with sectionalism and ultimately led to war.

Congress reflected the nation’s sectionalism and political divides. One controversial issue was the tariff of 1828, which became known as the “Tariff of Abominations.” Westerners and Southerners charged that this tariff gave the industrial northeast an advantage at their expense. In response to the tariff, John C. Calhoun called for the nullification of the tariff by the states. Calhoun drew this theory of nullification, which posited that a state could nullify a federal law that it considered unconstitutional, from Virginia and Kentucky resolutions drafted by Thomas Jefferson and James Madison in 1798 and 1799, though James Madison later came out explicitly against nullification. Robert Y. Hayne, Senator from South Carolina, later used this theory and the sectionalism that underpinned it to argue against protectionist tariffs in 1830. Senator Daniel Webster of Massachusetts, rose in opposition. The exchange, collectively known as the Webster-Hayne debate, has become one of the most famous debates in the history of the Senate. The final speech, given by Webster, is still regarded as a rhetorical masterpiece. His concluding line of, “Liberty and Union, now and forever, one and inseparable” was a ringing endorsement of nationalism over sectionalism. These great exchanges in the Senate illustrated that the Congress was a place where deliberation occurred, and people turned out to witness the great speeches made on the floor, which would guide their own thinking on important questions of the day.

Tensions over tariffs continued and in 1832, South Carolina threatened to nullify a tariff it believed was both unconstitutional and in direct conflict with their interests. In response, President Jackson called upon Congress to pass the Force Bill, authorizing the federal government to use force against any state failing to comply with the laws of the national government. Simultaneously, Henry Clay worked to pass a compromise bill that would decrease the tariff gradually, giving South Carolina relief from the tariff. Jackson signed both laws, avoiding a possible violent conflict and demonstrating once again that Congress could compromise for the good of the country.

In keeping with the Framers’ concept of separation of powers, Congress jealously guarded its constitutional role. In 1842, Whigs in the House of Representatives believed President John Tyler was abusing his power to veto legislation. Previous presidents had only used the veto power when they believed a bill to be unconstitutional. Tyler began to veto bills with which he disagreed for political reasons. The House reacted by threatening to move forward with impeachment proceedings. Though Congress did not ultimately impeach the president, it did, for the first time in history, succeed in overriding one of Tyler’s vetoes.

By the 1850’s, slavery and sectionalism continued to dominate debates in Congress. Southern states constantly resisted the admission of new territories as free states, since that would have upset the balance in Congress of free and slave interests. The Wilmot Proviso, introduced in 1846 by Congressman David Wilmot of Pennsylvania, had attempted to ban slavery from the territories. Though the proposal failed, it made Southern leaders feel as though the North was conspiring against them. In 1850, when Congress had to deal with the territories it had acquired during the Mexican-American war, it was again able to achieve a major compromise to preserve the balance between slave and free states. Its strengthening of the Fugitive Slave Act, however, caused much consternation in the north.

In 1852, the Whig Party, unable to come to a consensus on the issue of slavery, dissolved. This ushered in the Third Party System. The most successful party to emerge from the ashes was the Republican Party. Much of its strength came from its staunch opposition to slavery.

Congress again fiercely debated the issue of slavery in 1854, resulting in the passage of the Kansas-Nebraska Act. This law effectively repealed the compromise of 1820 by allowing Kansas and Nebraska, both north of the 36-30 compromise line, to decide by popular sovereignty whether they would be slave or free. Immediately, settlers on both sides of the slavery controversy rushed into Kansas. Violent clashes quickly followed and represented a preview of the coming war. In the lead-up to the 1860 presidential race, Southern states threatened to secede from the Union if the Republican, Abraham Lincoln, was elected. Lincoln won the election and in December of 1860, South Carolina passed an ordinance of secession. In the next six months, ten more states declared their secession, the South was in rebellion, and the Civil War soon began.

Only 71 years had passed from the first congress to the thirty-sixth. The country had experienced great change, but the Congress effectively ruled over a nation divided by sectional and partisan differences. Congress’s strong debates and successful compromises, steered by skilled statesmen, had proven that deliberative republican government under the Constitution was possible.

CRITICAL THINKING QUESTIONS

• What is the role of Congress in the government of the United States?
• What do you think were the greatest challenges facing legislators in the early republic before the Civil War?
• Why do you think political parties arose in the United States?
• Do you think the heated debates that played out in the Congress of the early republic were beneficial or problematic for the nation?
• Have you ever had to make a consensus decision amongst a group of people? What are some reasons coming to this conclusion can be difficult?