What is the legislative branch?

Answer

Congress, which makes federal laws

Explanation

The legislative branch is Congress, the part of the federal government that writes the laws of the United States. Created by Article I of the Constitution, Congress is divided into two chambers: the Senate, which has 100 members (two from each state), and the House of Representatives, which has 435 members allocated among the states by population. The Constitution placed Congress at the front of the document for a reason. The framers viewed lawmaking as the most important governmental power, and they wanted it controlled by elected representatives accountable to the people, not by a single ruler.

Congress meets in the United States Capitol building in Washington, D.C., and convenes at the start of each new term in January. Beyond writing laws, Congress holds the power of the purse, meaning it controls federal spending and taxation. No money can be drawn from the Treasury except through appropriations made by law, a rule found in Article I, Section 9 of the Constitution. Congress also declares war, regulates commerce between states and with foreign nations, coins money, establishes post offices, sets up federal courts beneath the Supreme Court, and can impeach federal officials including the President.

The Senate confirms presidential appointments to the Cabinet, ambassadorships, and federal judgeships, and ratifies treaties by a two-thirds vote. Each chamber has its own leadership and committee system. Bills are introduced, sent to specialized committees for review, debated on the floor, and must pass both the House and Senate in identical form before being sent to the President. The President can sign the bill into law or veto it, and Congress can override a veto with a two-thirds vote in both chambers.

Members of Congress are also expected to represent their constituents, hold oversight hearings on federal agencies, and respond to issues affecting their states or districts. The structure of two chambers was a compromise at the 1787 Constitutional Convention. Small states wanted equal representation; large states wanted population-based representation. The Connecticut Compromise gave each side what it needed, creating the bicameral Congress that endures today.

Why this matters for your test

The civics exam emphasizes the legislative branch because it is the institution closest to the voters and the one most directly accountable to citizens through elections every two years.

Source: USCIS 128 Civics Questions (2025)

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