The Legislative Branch β the branch of the U.S. government that makes federal laws β sits at the heart of American democracy. Understanding how Congress is structured, who serves in it, how members are elected, and how a bill actually becomes a law are all essential topics for the civics test. This subchapter covers everything you need to know.
What Is the Legislative Branch?
The Legislative Branch One of the three branches of the U.S. federal government, responsible for writing and passing federal laws. Also called Congress. is also known as the U.S. Congress The national legislature of the United States, consisting of two chambers: the House of Representatives and the Senate. . The Founders considered the power to make laws the most important power in government β which is why the very first section of the Constitution describes Congress and its authority. The Founders also agreed that the people who make laws should represent the communities where they live, ensuring government stays connected to the people it serves.
Congress has two parts: the House of Representatives The lower chamber of the U.S. Congress, with 435 voting members. The number of representatives each state has depends on its population. and the Senate The upper chamber of the U.S. Congress, with 100 members β two senators from each of the 50 states. . This two-chamber structure came about because the Founders couldnβt agree on a single approach to representation. Some wanted the number of representatives to reflect each stateβs population; others wanted every state to have an equal voice regardless of size. The solution was to have both: the House, where larger states have more representatives, and the Senate, where every state has exactly two.
The House of Representatives
How Many Members Are There?
There are 435 voting members in the House of Representatives. Each state is divided into congressional districts Geographic divisions within a state, each represented by one member in the U.S. House of Representatives. The number of districts in a state depends on its population. , and each district elects one person to serve as its representative. Because the number of districts a state has is tied to its population, larger states send more representatives to Washington.
California, the most populous state, has 52 voting members in the House. Wyoming, the least populous state, has just 1 voting member.
Who Can Serve and How Long Are Terms?
To be elected to the House of Representatives, a person must be at least 25 years old, must live in the state where their congressional district is located, and must be a U.S. citizen. Running for federal office is a right reserved exclusively for citizens. Members of the House are elected to 2-year terms, meaning the entire House is up for election every two years.
The Speaker of the House
The leader of the House of Representatives is called the Speaker of the House The presiding officer and leader of the U.S. House of Representatives, elected by the members of the House. The Speaker is also third in the presidential line of succession. . The Speaker is an important figure not only in Congress but in the broader structure of government β as covered in the section on presidential succession later in this chapter.
Washington, D.C. does not have a voting representative in the House of Representatives in the same way states do, because it is not a U.S. state. If this comes up on your test, be aware of this distinction.
The Senate
How Many Senators Are There?
There are 100 U.S. Senators in the Senate β exactly two per state, regardless of population. This equal representation was the Foundersβ way of ensuring that smaller states had an equal voice to larger ones in at least one chamber of Congress. Senators represent all of the people of their state, not just a single district.
Who Can Serve and How Long Are Terms?
To be elected to the Senate, a person must be at least 30 years old, must live in the state they represent, and must be a U.S. citizen. Senators serve 6-year terms β longer than House members, which the Founders intended to give the Senate a degree of stability and continuity.
Washington, D.C. does not have U.S. Senators because it is not a U.S. state. If asked about D.C.βs senators on the civics test, the correct answer is that D.C. does not have any.
House of Representatives vs. Senate: Key Differences
| House of Representatives | Senate | |
|---|---|---|
| Total members | 435 | 100 |
| Per state | Varies by population | 2 per state |
| What they represent | A congressional district | All people of a state |
| Term length | 2 years | 6 years |
| Minimum age | 25 | 30 |
How Federal Laws Are Made
The Constitution gives Congress the power to make federal laws β rules that everyone in the United States must follow. The process works as follows.
When members of Congress want to create a new law, they draft a bill A proposed law presented to Congress for consideration. A bill must be passed by both chambers of Congress and signed by the President before it becomes law. . For a bill to advance, a majority of both the House and the Senate must vote in favor of it. In the House, that means at least 218 of the 435 voting members must approve it. In the Senate, at least 51 of the 100 senators must vote yes (in most cases).
If both chambers pass the bill, it is sent to the President of the United States. If the President agrees with it, they sign the bill, and it becomes a federal law. If the President disagrees, they can veto The President's constitutional power to reject a bill passed by Congress, preventing it from becoming law unless Congress votes to override the veto. it β meaning the bill does not become law unless Congress votes to override that veto.
How a Bill Becomes a Law
Step 1: A member of Congress writes a bill (a proposed law).
Step 2: A majority of the House of Representatives votes to pass it (218+ of 435).
Step 3: A majority of the Senate votes to pass it (51+ of 100).
Step 4a: The President signs the bill β it becomes federal law.
Step 4b: The President vetoes the bill β it does not become law unless Congress overrides the veto.
Wrapping Up
Congress is the branch of government closest to the people β its members are elected regularly and are directly accountable to the communities they represent. The structure of two chambers, with different sizes, term lengths, and minimum age requirements, reflects the careful balancing act the Founders struck between population-based representation and equal state representation. Knowing the key numbers β 435, 100, 218, 51, 2 years, 6 years, age 25, age 30 β will take you a long way on the civics test.
Why do some states have more representatives than others in the House?
Because representation in the House is based on population. States with more people get more congressional districts, and each district elects one representative. California, the most populous state, has 52 representatives; Wyoming, the least populous, has just 1. Every state, however, has exactly 2 senators regardless of population.
Can a non-citizen run for Congress?
No. Running for federal office β including the House of Representatives and the Senate β is a right reserved exclusively for U.S. citizens. Non-citizens, including lawful permanent residents, are not eligible to run for federal office.
How long is a term for a U.S. Senator?
- Congress is the Legislative Branch β it makes federal laws. It has two parts: the House of Representatives and the Senate.
- House of Representatives has 435 voting members; representation is based on state population.
- California has the most House representatives (52); Wyoming has the fewest (1).
- House members serve 2-year terms and must be at least 25 years old and a U.S. citizen.
- The Speaker of the House is the leader of the House of Representatives.
- The Senate has 100 members β 2 senators per state, regardless of population.
- Senators serve 6-year terms and must be at least 30 years old and a U.S. citizen.
- Washington, D.C. has no senators and no full voting representatives because it is not a state.
- A bill must pass a majority in both chambers (218+ in the House; 51+ in the Senate) and be signed by the President to become law.
- A presidential veto prevents a bill from becoming law unless Congress overrides it.