Congress Makes Federal Laws: Legislative Power Explained

Who makes federal laws? Congress. The United States Congress, consisting of the Senate and House of Representatives, holds the power to make federal laws. You can also answer Senate and House of Representatives, or U.S. or national legislature. All these terms describe the legislative branch that creates laws governing the entire country.

Article I of the Constitution grants Congress this lawmaking authority. This placement matters. The founders listed the legislative branch first because they expected it to be the most important and powerful branch. Congress represents the people directly through elections, making it the proper body to decide what laws the nation needs.

The Essential Facts

For the citizenship test, remember that Congress makes federal laws. You can also say Senate and House of Representatives, or the U.S. legislature or national legislature. Any of these answers correctly identifies the lawmaking branch.

The legislative process requires both chambers to pass identical versions of a bill. A bill starts in either the House or Senate, goes through committee review and floor debate, gets voted on, then moves to the other chamber for the same process. Once both chambers pass the same bill, it goes to the President who can sign it into law or veto it.

Congress’s lawmaking power is extensive but not unlimited. Article I, Section 8 lists specific powers Congress has, like regulating commerce, collecting taxes, coining money, declaring war, and establishing post offices. The Necessary and Proper Clause gives Congress flexibility to pass laws needed to carry out these enumerated powers. But Congress cannot pass any law it wants. It must stay within constitutional boundaries.

Why Congress Makes Laws

The founders wanted laws to be made by a body representing the people, not by a king or single executive. Under British rule, Americans had no representation in Parliament, yet Parliament claimed authority to legislate for the colonies. “No taxation without representation” captured colonial anger at being governed by laws they had no voice in making.

Creating a legislature as the primary lawmaking body addressed this concern. Congress would represent the people directly. Representatives would be elected every two years, keeping them closely tied to voters. Senators would be chosen by state legislatures (later changed to direct election) to represent state interests. This bicameral structure balanced popular representation with federal principles.

Making laws is inherently legislative, not executive or judicial. Someone must decide society’s rules. The executive enforces rules but should not make them unilaterally. Judges interpret rules but should not create them from nothing. Separating lawmaking from law enforcement and law interpretation protects liberty by preventing concentration of power.

The Constitution makes lawmaking deliberately difficult. Both chambers must agree. The President can veto. Courts can strike down unconstitutional laws. This complexity forces compromise and prevents hasty legislation. The founders wanted thoughtful laws with broad support, not quick action on narrow interests.

Historical Moment

In March 1787, before the Constitutional Convention, James Madison wrote a memo called “Vices of the Political System of the United States.” He analyzed what had gone wrong under the Articles of Confederation. One major problem was that Congress had too little power to pass necessary laws, while state legislatures had too much power and passed bad laws without proper restraint.

Madison worried especially about state legislatures. Many had passed paper money laws that destroyed currency value. Some had violated contracts to help debtors at creditors’ expense. Others had discriminated against out-of-state citizens. Madison called these “multiplicity,” “mutability,” and “injustice” in state laws.

But Madison also recognized that a national legislature needed proper structure. Simply giving Congress more power was not enough. The legislature had to represent both people and states, check its own worst impulses through bicameralism, and face limits from other branches.

At the Constitutional Convention, Madison proposed the Virginia Plan, which gave Congress broad legislative powers. After months of debate and compromise, the Constitution emerged with Congress as the first and most detailed article. Article I established how Congress would be structured, elected, and empowered to make federal law.

How You See It Today

Congress makes federal laws on countless topics. Tax laws, environmental regulations, civil rights protections, criminal penalties, immigration rules, healthcare policy, education funding, infrastructure spending, and military authorization all require congressional legislation. When you hear about a new law, Congress passed it.

The legislative process today is complex and often partisan. Bills may spend months or years in committee. Floor debates can be contentious. Amendments change bills repeatedly. Conference committees work out differences between House and Senate versions. Leadership negotiates compromises behind closed doors. The process the founders designed still operates, though with evolved practices and procedures.

Congress sometimes delegates lawmaking authority to executive agencies through broad statutes that direct agencies to make rules on specific topics. This practice has grown significantly, raising questions about whether unelected bureaucrats are making laws that Congress should make. Courts have generally allowed delegation as long as Congress provides “intelligible principles” guiding agency rulemaking.

The Deeper Story

The concept of legislative supremacy in lawmaking was well-established by 1787. English tradition held that Parliament was sovereign and supreme in legislation. William Blackstone’s Commentaries, widely read in America, described Parliament as having absolute power to make or unmake any law.

But Americans modified this concept significantly. Congress would be supreme within its sphere, but that sphere had limits. Unlike Parliament, Congress could not simply pass any law. The Constitution enumerated Congress’s powers. The Bill of Rights restricted what laws Congress could pass. Courts could strike down unconstitutional legislation.

The Connecticut Compromise at the Constitutional Convention created the bicameral structure that shapes lawmaking today. Small states wanted equal representation in Congress. Large states wanted representation based on population. The compromise gave small states equal representation in the Senate and large states proportional representation in the House.

This bicameral structure makes lawmaking harder but more deliberative. Both chambers must agree before a bill becomes law. This forces consideration of both state interests and popular will. It prevents hasty legislation by requiring multiple votes in different contexts.

The scope of congressional power has grown enormously since 1787. The Commerce Clause, giving Congress power to regulate interstate commerce, has been interpreted broadly to justify laws on civil rights, labor relations, environmental protection, and criminal law. The Spending Clause allows Congress to influence state policy through conditional federal grants. These developments make Congress’s lawmaking reach far more extensive than originally contemplated.

Connections That Matter

Understanding that Congress makes laws connects to separation of powers. If the President could make laws unilaterally, he would be a dictator. If courts made laws rather than interpreting them, judges would be legislators. Keeping lawmaking power in Congress maintains the constitutional balance.

Congressional lawmaking relates to checks and balances. The President can veto bills, checking legislative power. Courts can strike down unconstitutional laws, checking both Congress and the President. Congress can override vetoes with supermajorities. These interactions ensure no branch has unchecked authority.

The legislative process connects to federalism. Congress makes federal laws that apply nationwide. But states retain power to make laws on many topics within their jurisdiction. This division of lawmaking authority between national and state governments creates the federal system.

For more on how Congress works, see our articles on the House and Senate in the uscis-questions category. To understand the legislative process, explore our explanation of how a bill becomes law. To learn about limits on congressional power, read about constitutional restrictions.

Top 10 Frequently Asked Questions

Can the President make laws?
No. The President can propose laws, sign or veto bills, and issue executive orders implementing laws, but cannot make laws. Only Congress can pass federal legislation. Executive orders must be based on constitutional or statutory authority.

What if the House and Senate disagree?
Bills must pass both chambers in identical form. If they pass different versions, a conference committee works out the differences. Both chambers must approve the final version. If they cannot agree, the bill dies.

Can states make laws too?
Yes. States have their own legislatures that make state laws. Federal laws passed by Congress apply nationwide and supersede conflicting state laws. But states make most laws on everyday matters like property, contracts, family relations, and most criminal law.

How many votes does Congress need to pass a law?
Usually a simple majority in both chambers. The House needs 218 votes out of 435. The Senate needs 51 votes out of 100. Some special procedures require supermajorities, like overriding vetoes (two-thirds) or approving treaties (two-thirds in Senate only).

Can Congress pass any law it wants?
No. Congress’s powers are enumerated and limited. Congress cannot pass laws violating constitutional rights or exceeding its granted powers. Courts can strike down laws that violate the Constitution.

What are executive orders?
Directives from the President to executive branch agencies about how to enforce or implement existing laws. Executive orders have the force of law but must be based on constitutional or congressional authority. They cannot create new laws.

Can Congress repeal laws?
Yes. Congress can pass new laws repealing or amending previous laws. The same process used to pass laws can unmake them. Repealing laws requires passing new legislation through both chambers and getting the President’s signature or overriding a veto.

Do all bills become laws?
No. Most bills die in committee and never get voted on. Of those that get voted on, many fail to pass one or both chambers. Even bills that pass Congress can be vetoed by the President. Only a small percentage of introduced bills become law.

What about regulations?
Administrative agencies issue regulations implementing laws Congress passes. Congress delegates rulemaking authority to agencies through statutes. Regulations have the force of law but must follow the statutory framework Congress establishes.

What should I memorize for the citizenship test?
Congress makes federal laws. You can also say Senate and House of Representatives, or U.S. legislature or national legislature. Any of these answers correctly identifies who makes federal laws.