The Legislative Power of the United States: An Overview of Congress

The United States Congress stands as the esteemed legislative branch of the federal government, serving as the primary law-making body for the nation. This institution is notably bicameral, meaning it is composed of two distinct chambers: the lower body, known as the House of Representatives, and the upper body, referred to as the Senate. This bicameral structure, established by the U.S. Constitution, was designed to provide a system of checks and balances, ensuring careful deliberation and representing both population-based interests (House) and state equality (Senate).

Structure and Membership of the U.S. Congress

Both chambers of Congress convene in the iconic United States Capitol building, located in the heart of Washington, D.C. The selection of both senators and representatives is primarily through direct election by the citizens they represent, upholding the principle of popular sovereignty. However, a unique provision allows for vacancies in the Senate to be temporarily filled by a governor's appointment until a special election can be held, ensuring continuous representation.

In its entirety, Congress comprises 535 voting members:

• The Senate: Consists of 100 senators, with two senators representing each of the 50 U.S. states, regardless of population size. This equal representation ensures that smaller states have a voice equivalent to that of more populous ones.
• The House of Representatives: Composed of 435 representatives. The number of representatives each state receives is based on its population, as determined by the decennial U.S. Census.

Beyond these voting members, the House of Representatives also includes six non-voting members who represent various U.S. territories and the District of Columbia. These delegates and resident commissioners can participate in committee proceedings and floor debates but cannot cast votes on final legislation on the House floor. The Vice President of the United States serves as the President of the Senate and holds the crucial power to cast a tie-breaking vote if senators are evenly divided on a measure, a rare but significant constitutional role.

Elections, Terms, and Qualifications for Congressional Service

The operational period for each Congress, known as a "sitting," is a two-year term, commencing every other January. Nationwide congressional elections are held every even-numbered year, specifically on Election Day, which falls on the first Tuesday after the first Monday in November. This synchronized election schedule ensures regular accountability to the electorate.

• House of Representatives: Members are elected for a two-year term, coinciding with the two-year sitting of Congress. The process for electing these representatives is governed by the Reapportionment Act of 1929. This act mandates that representatives be elected from single-member constituencies, also known as congressional districts, using a "first-past-the-post" (plurality) voting system. Critically, congressional districts are reapportioned to states based on population changes identified by the United States Census every ten years, with the guarantee that every state receives at least one representative, regardless of its population.
• Senate: Each senator is elected at-large within their state for a six-year term. To ensure continuity and stability in the Senate, terms are staggered, meaning approximately one-third of the Senate seats are up for election every two years. This system, established early in the nation's history, prevents a complete turnover of the Senate in any single election cycle.

The foundational requirements for serving in Congress are outlined in Article One of the United States Constitution:

• For the House of Representatives: A candidate must be at least 25 years old, have been a U.S. citizen for a minimum of seven years, and be an inhabitant of the state they represent at the time of election.
• For the Senate: A candidate must be at least 30 years old, have been a U.S. citizen for a minimum of nine years, and be an inhabitant of the state they represent.

Unlike some other legislative bodies around the world, members in both the House and Senate are permitted to seek re-election an unlimited number of times, allowing for long careers in public service if supported by their constituents.

Historical Context and Political Affiliation

The U.S. Congress was formally established by the Constitution of the United States and convened for its first session in 1789. It replaced the Congress of the Confederation, which had operated under the Articles of Confederation and proved inadequate in governing the nascent nation due to its limited powers and lack of a strong central authority. The creation of the new Congress under the Constitution represented a significant step towards a more unified and effective federal government.

While not legally mandated by any statute or constitutional provision, the practice since the 19th century has seen nearly all members of Congress affiliated with one of the two dominant major parties: the Democratic Party or the Republican Party. Third-party candidates or independents, who are not formally affiliated with any political party, are rare but do exist. It is important to note that even independents often choose to caucus with one of the major parties to gain committee assignments and influence legislation, demonstrating the practical necessity of party alignment in the U.S. political system. Although uncommon, members retain the freedom to switch their party affiliation at any point during their tenure.

Understanding Historical "Indian Territories" and Modern "Indian Country"

The terms "Indian Territory" and "Indian Territories" historically referred to evolving land areas within the United States that the federal government designated for the forced relocation of Native American nations. These nations originally held aboriginal title to vast ancestral lands, often recognized as sovereign, independent states. A pivotal moment in this process occurred in 1803, when tribes were often compelled to cede their traditional territories in exchange for land grants further west.

The Policy of Indian Removal and Assimilation

The very concept of an Indian Territory was a direct consequence of the U.S. federal government's 18th- and 19th-century policy of Indian removal. This policy, infamously cemented by the Indian Removal Act of 1830, led to the forced displacement of numerous Native American nations, most notably the "Five Civilized Tribes" (Cherokee, Choctaw, Chickasaw, Creek, and Seminole) from their homelands in the southeastern United States to designated areas in the West, a harrowing journey often referred to as the "Trail of Tears."

Following the conclusion of the American Civil War (1861-1865), the U.S. government's policy towards Native Americans shifted significantly from removal to one of assimilation. This new approach aimed to integrate Native Americans into mainstream American society by dissolving their tribal identities and traditional ways of life. Measures such as the Dawes Act of 1887, which broke up communal tribal lands into individual allotments, and the establishment of Indian boarding schools designed to strip Native children of their cultural heritage, were central to this assimilation policy.

"Indian Reserve" Before U.S. Independence

Predating the American Revolutionary War (1775-1783), the term "Indian Reserve" was used by the British Crown. It described specific lands set aside for Indigenous tribes between the Appalachian Mountains and the Mississippi River. This policy, largely formalized by the Royal Proclamation of 1763, aimed to prevent westward colonial expansion beyond a certain boundary, thereby reducing conflicts between colonists and Native American tribes and maintaining British control over the lucrative fur trade.

Evolution and End of the Indian Territory

After U.S. independence, the Indian Territory evolved to specifically designate an unorganized territory that emerged from the remaining portions of the Missouri Territory once Missouri achieved statehood. Its initial general borders were defined by acts such as the Nonintercourse Act of 1834, which regulated trade and land transactions with Native American tribes. Over time, the borders of the Indian Territory were progressively reduced in size as the U.S. Congress passed various Organic Acts. These acts created new incorporated territories of the United States, such as Kansas and Nebraska, further diminishing the land explicitly designated as Indian Territory.

The historical existence of the unorganized, unincorporated, and theoretically independent Indian Territory effectively ended with the Oklahoma Enabling Act of 1907. This landmark legislation combined the existing Oklahoma Territory and the remainder of the Indian Territory to create the single state of Oklahoma. Prior to Oklahoma statehood, from approximately 1890 onwards, the Indian Territory largely comprised the territorial holdings of the Cherokee, Choctaw, Chickasaw, Creek, and Seminole tribes, often referred to as the Five Civilized Tribes due to their adoption of certain American customs.

Modern "Indian Country" and Tribal Sovereignty

Today, while the historical "Indian Territory" no longer exists as a political entity, "Indian reservations" persist within the boundaries of U.S. states. These lands are largely exempt from direct state jurisdiction due to the principle of tribal sovereignty, meaning Native American nations maintain inherent governmental authority over their lands and people, subject only to federal, not state, law. The broader term "Indian country" is now used to signify all lands under the control of Native nations. This encompasses not only Indian reservations but also "trust lands" (lands held in trust by the federal government for tribes or individual Native Americans) and, in Oklahoma, "Oklahoma Tribal Statistical Areas" (OTSA), which are statistical designations reflecting historical tribal boundaries in a state where most land is no longer formally reservation status. More casually, "Indian country" can also describe any area where significant numbers of Native Americans reside, reflecting their cultural and historical presence.

Frequently Asked Questions About U.S. Native American Lands

What is the difference between "Indian Territory" and "Indian reservations"?

The "Indian Territory" was a historical designation for large, unorganized land areas set aside for the forced relocation of Native American tribes, primarily in the 19th century, culminating in Oklahoma statehood. "Indian reservations," on the other hand, are specific, defined geographic areas of land managed by Native American tribes under the U.S. federal government's supervision, where tribal sovereignty is recognized, and they exist within current state boundaries.

What does "tribal sovereignty" mean for Native American lands?

Tribal sovereignty refers to the inherent authority of Native American tribes to govern themselves, their members, and their lands. This means that, within their reservation boundaries, tribes often have their own governments, laws, and judicial systems, largely independent of state jurisdiction, though they remain subject to federal law and treaties.