Why did the framers of the US Constitution include the legislative branch in the new government?

In 1787 the framers of the United States Constitution established in Article I the structure and powers of Congress. They debated the idea of a Congress made up of two houses. One house would be, in the words of Virginia’s George Mason, the “grand depository of the democratic principle of government.” To counter this popular influence in the national government, James Madison of Virginia proposed another house that would be small, deliberative, and independent from the larger, more democratic house. This became the Senate.

Committees are essential to the effective operation of the Senate. Through investigations and hearings, committees gather information on national and international problems within their jurisdiction in order to draft, consider, and recommend legislation to the full membership of the Senate. Only a small percentage of bills considered by committees reach the Senate floor. They evaluate presidential nominees for executive and judicial posts and provide oversight of federal government operations.

The Constitution granted state legislatures the power to elect United States senators. Supporters of the Constitution argued that this method of election would strengthen the states' ties to the national government and insulate senators from shifting public opinion. To further distance the Senate from democratic pressures, the framers also provided that only one-third of the Senate would stand for election every two years. Later, in 1913, the Seventeenth Amendment to the Constitution established direct popular election of senators.

Ever since the framers of the United States Constitution created the Senate, senators, scholars, journalists, and other observers have sought to explain its role in the federal system of checks and balances. What is it that makes the Senate stand apart from other legislative bodies? Why have its seemingly arcane rules and traditions survived, and what purposes do they still serve?

Members of the Senate belonging to the two major political parties are organized into party conferences. The conferences (also referred to as caucuses) and their leaders play an important role in the daily functions of the Senate, including setting legislative agendas, organizing committees, and determining how action proceeds on the Senate floor. When senators represent third parties or serve as Independents, they typically work within the two established party conferences to gain committee assignments or manage legislation.

The framers of the Constitution feared too much centralized power, adopting the philosophy of divide and conquer. At the national level, they created three different branches of government to administer three different types of power. The legislative branch made the laws through a Congress of two houses, the Senate and the House of Representatives. The executive branch enforced the laws through a president, vice president, and numerous executive departments such as Treasury and State. And the judicial branch interpreted the laws through a Supreme Court and other lower courts. In the words of James Madison: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

Within the separation of powers, each of the three branches of government has “checks and balances” over the other two. For instance, Congress makes the laws, but the President can veto them and the Supreme Court can declare them unconstitutional. The President enforces the law, but Congress must approve executive appointments and the Supreme Court rules whether executive action is constitutional. The Supreme Court can strike down actions by both the legislative and executive branches, but the President nominates Supreme Court justices and the Senate confirms or denies their nominations. “Ambition must be made to counteract ambition,” wrote James Madison in Federalist 51, so that each branch will seek to limit the power of the other two branches to protect its own power. Such a system makes concerted action more difficult, but it also makes tyranny less likely.

We the People content written by Linda R. Monk, Constitutional scholar

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