The Legislative Branch
In Summary
“The aim of every political constitution is, or ought to be, first to obtain for rulers men who possess most wisdom to discern, and most virtue to pursue, the common good of the society; and in the next place, to take the most effectual precautions for keeping them virtuous whilst they continue to hold their public trust. The elective mode of obtaining rulers is the characteristic policy of republican government.”
Publius
Federalist Papers, No. 57
The legislative branch is comprised of two houses: the House of Representatives and the Senate. Together, the houses embody the principle of federalism by representing individual citizens in each state and each state. The texts below provide insight into how some of the Founders thought about the legislative branch.
JMC Resources
The House of Representatives
Though most framers approved of a bicameral legislative branch, the powers and composition of each house was not easily decided. The selected papers below make arguments about the modes of election and representation, justifications for term length, and the exclusive powers granted to the House of Representatives from Federalist and Anti-Federalist perspectives.
Federalist Papers
Federalist Papers, No. 52, 1788
Federalist Papers, No. 53, 1788
Federalist Papers, No. 55, 1788
Federalist Papers, No. 57, 1788
Anti-Federalist Papers
Federal Farmer, “An Additional Number of Letters to the Republican,” 1788
The Senate
The Senate was often praised by Anti-Federalists and proponents of state sovereignty because each state is equally represented in the Senate. Some feared the powers of treaty approval and impeachment made the Senate too powerful, because those powers should be left to the executive and judicial branches exclusively. The Federalist Papers below defend the powers of the Senate and the Anti-Federalist papers challenge the authority delegated to the Senate in the Constitution.
Federalist Papers
Federalist Papers, No. 62, 1788
Federalist Papers, No. 63, 1788
Federalist Papers, No. 64, 1788
Federalist Papers, No. 65, 1788
Anti-Federalist Papers
Federal Farmer, “An Additional Number of Letters to the Republican,” 1788
George Washington to the First Legislature
George Washington delivered his first inaugural address in the Senate chambers to the first Congress in 1789. Washington speaks directly to Congressmen, reminding them of their Constitutional charge and his role in the governing process. The speech established his expectations for Congress during his first term, primarily that “a reverence for the characteristic rights of freemen and a regard for the public harmony will sufficiently influence [its] deliberations.”
Other Writings
Before he became President, Woodrow Wilson pursued an academic career. While studying at Johns Hopkins, he wrote a series of essays later published as a book contrasting congressional and parliamentary systems of government. The book contains chapters on the House of Representatives, the Senate, and the Executive.
Woodrow Wilson, Congressional Government: A Study in American Politics, 1885
In this speech, Senator George Norris advocates for a change in the Nebraska state legislature system. He promotes a unicameral legislature, instead of the traditional bicameral legislature, to prevent corruption and guarantee citizens of Nebraska get laws they want passed. He identifies many problems with the bicameral system at the state level, which raises questions about the federal bicameral legislature. Nebraska voters approved the unicameral legislature in 1937 and Nebraska remains the only state in the nation with a one-house legislative branch.
Other Resources
The Constitutional Powers of Congress
Bill of Rights Institute
Legacy of Republicanism
Bill of Rights Institute
Congressional Committees and the Legislative Process
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