A New Congress Begins Every Two Years
The House and the Senate have different protocols to begin a new Congressional Session
Issue #204 Government December 22, 2022
On January 3, 2023, the 118th Congress will convene, with the Senate and the House of Representatives having different ways to prepare for legislative business.
The Jan 3rd start date for Congress is constitutionally mandated. From 1789, when the 1st Congress convened, until 1934, each Congress began on March 4 because of the time it took to travel long distances.
In 1933, the 25th Amendment to the Constitution changed the Congressional start date to January 3 and the presidential inauguration date to January 20 because people could travel much more quickly by train and car by that year.
A “new” Congress begins every two years following the midterm or presidential elections because members of the House of Representatives run for office every two years.
In the midterm elections, 1/3 of the members of the Senate are up for election or re-election for six-year terms.
Any bills left over from the previous Congress have to be voted on again.
In the years after a presidential election, after the new members of Congress have been sworn in on January 3, the entire Congress meets again on January 6 for the official counting of the electoral college votes. Then the House and the Senate approves by majority vote the results of the electoral college votes separately for the president-elect and the vice-president-elect.
At the start of every new Congress, each newly-elected Congressperson raises their right hand, optionally places their left hand on a personal Bible or other book or text of personal significance, and recites these words:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith an allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.
The United States Congress is a bicameral legislative body, meaning there are two chambers. The Senate is considered the “upper chamber” and the House is considered the “lower chamber.”
This bicameral system is loosely based on the British Parliament with the “House of Lords” and the “House of Commons.”
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How the Senate begins a new Congress
The beginning protocols for the Senate include:
Opening prayer and recitation of the Pledge of Allegiance.
Each senator-elect presents their official certificate of election, signed by their governor, to the secretary of the Senate.
The Vice President of the United States, who is also the president of the Senate, announces the receipt of the certificates.
The roll is called to ensure a quorum.
The senators-elect are escorted to the presiding officer’s desk where the Vice President administers the oath of office.
Each newly sworn senator then signs their name on a dedicated page in the Senate Oath Book.
Different officers of the Senate are then elected: the president pro tempore, the secretary of the Senate, the sergeant of arms, the chaplain, committee chairs, and so on.
Reports are sent to the House and to the President of the United States that the Senate is ready to start the new Congress.
How the House begins a new Congress
The beginning protocols for the House include:
The Clerk of the House calls the session to order.
There is an opening prayer and recitation of the Pledge of Allegiance.
The roll is called to ensure a quorum.
The Speaker of the House is formally elected.
The new Speaker administers the oath of office to the newly elected or re-elected House members.
The Speaker receives reports from the chairs of the two political parties, the Democratic Caucus and the Republican Conference, who announce their parties’ choices for majority leader and minority leader.
There is an election for other officers of the House: the Clerk, the Sergeant at Arms, the Chief Administrative Officer, and the Chaplain.
The rules of the House are adopted.
Notifications are sent to the Senate and to the President of the United States that the House is ready to start the new Congress.
Various administrative resolutions and unanimous consent agreements are adopted.
The Capitol Building attack and attempted coup on January 6, 2021, took place three days after the new 117th Congress had been sworn in.
For the start of the 118th Congress on January 3, 2023, the Democrats for the House and the Senate will be ready with their leadership already in place, just waiting for the formal vote.
The Republicans, on the other hand, are still fighting over choosing their leaders, especially in the House. Technically, the new Congress cannot start until the House has completed its elections and protocols.
Because there are no electoral college votes to count, the Congress will not meet in a joint session until the State of the Union Address later in the year.
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