What changes if Democrats win a majority in Congress?

What changes if Democrats win a majority in Congress? Americans head to the polls on Tuesday for the US midterm elections, which could flip the majority in one or both houses of Congress from the Republicans to the Democrats. What would a Democratic majority mean for the country's political landscape, and how might Democrats move to keep President Donald Trump in check? Democrats are hoping to flip the majority in Congress on November 3, boosted in part by US President Donald Trump’s low approval rating, concerns over the cost of living and the war with Iran. A win in either the House of Representatives or Senate would allow Democrats to rein in Trump for the remainder of his term, given that the US Constitution grants the legislature certain powers to keep the executive branch in check. What could change if Democrats take power in the House of Representatives Taking control of the lower house would give Democrats several tools to fight Trump, as it controls budgetary initiatives and Congress’s primary investigative body, the House Committee on oversight. Legislation to increase tax revenue also starts in the House of Representatives. With a majority, Democrats would assume the chairmanships of all congressional committees, which oversee the drafting of legislation for their respective jurisdictions – notably the influential agriculture and armed services committees. Chairmen also have the unilateral power to launch investigations and subpoena witnesses, powers the Democrats could use to compel government officials, political allies or Trump associates, to testify under oath and provide executive branch documents. Members of the party have signalled their intention to use this power to investigate companies believed to have profited from the Trump administration, such as AI firms and the tech executives who run them. Read moreDoes White House ask AI to shape policy? Democrats want the receipts House Democrats would also have the power to draft and vote on articles of impeachment against the president and his administration. The effect of such a move could be limited, however. Trump became the only US president to be impeached twice – for abuse of power and inciting an insurrection, among other charges – during his first term, but he was later acquitted by the Senate. House Democratic Leader Hakeem Jeffries has instead signalled he would seek to begin proceedings against Defense Secretary Pete Hegseth. The 46-year-old is already facing articles of impeachment over his management of the Iran war and the Pentagon. Democrats would also exert more control over the purse strings of the US budget, since all tax revenue bills originate in the House of Representatives. The party would thus be in a better position to pressure Republicans, even if it meant threatening a government shutdown. The Speaker of the House also has the power to kill Republican bills while they are still in the House. The lawmaker in the role decides which bills get a vote – and has the power to delay Republican-backed legislation indefinitely. Read more'Atmosphere of fear': Trump moves to curtail voting rights ahead of the midterms What a Democrat Senate majority might mean Two Senators from each state serve in the upper house regardless of size or population: California, with more than 39 million residents, has the same number of Senators as Wyoming, with just over half a million inhabitants. Controlling the Senate would give Democrats power over the confirmation process, a key check on the president’s power to appoint high-ranking executive branch officials, including Supreme Court justices, Cabinet members, and heads of federal agencies such as the FBI, the CIA and ICE. Senate Democratic leader Chuck Schumer has openly said that one of the reasons his party should win control over the Senate is to prevent Trump from appointing "horrible justices, MAGA justices, on the Supreme Court and the lower courts". As in the House, a Democratic majority would also take over Senate committees (such as the powerful intelligence or finance committees), opening a second legislative front against Trump and his allies. Aditionally, controlling the Senate would give Democrats greater power over the country's foreign policy. The US Constitution already requires a two-thirds majority to ratify an international treaty, meaning a party needs just 34 seats to block it. A majority would give Democrats control over the Senate agenda, helping them hamstring Republican attempts to dictate foreign policy by refusing to consider bills in committee. What if Democrats controlled both chambers? Democrats winning both the Senate and House would allow the party to draw on the Congressional Review Act, in addition to the possibilities mentioned earlier. Under this 1996 federal law, a unified Congress can employ this tool to overturn recent regulation issued by federal agencies and prohibit them from issuing similar rules in the future. A Democratic-controlled Congress would also prevent Republicans from using the special budget tool known as reconciliation to push through legislation. Most bills need a simple majority of 51 votes in the Senate to pass after debate has ended. But lawmakers need 60 votes to cut off debate and bring the bill to a final vote. As a result, a 60-vote supermajority has become standard for ending a filibuster and passing legislation. However, lawmakers can use reconciliation to pass budget- and tax-related bills in the Senate with a simple majority of 51 votes, thus bypassing this hurdle. A Democrat-controlled Congress could force Trump to govern largely through executive orders – many of which would most likely be challenged in court. He would, however, retain the presidential veto, which he could use to block legislation passed in Congress. This article was adapted from the original in French. Keywords for this article