The Head of the House of Representatives Is Called
Table of Contents
- Difference Betwixt Business firm and Senate
- House: Roles and Responsibilities
- Senate: Roles and Responsibilities
- How a Bill Becomes Police force
- How Their Differences Brand the House and Senate Stronger
The U.South. Congress is oftentimes referred to as a single entity, merely it's actually a combination of 2 singled-out groups: the Business firm of Representatives and the Senate. While both houses of Congress work together to suggest and enact the laws that govern our country, the differences between the House and Senate ensure that each chamber in this bicameral ("two room") organization has distinct roles and responsibilities.
Together, the Business firm and Senate grade the legislative co-operative of government. They collaborate with the executive and judicial branches to implement the checks and balances that keep all three branches functioning and prevent any single branch from abusing its power.
Commodity I of the U.Southward. Constitution: Difference Betwixt House and Senate
The framers of the Constitution knew that information technology was important to protect the smaller states of the newly formed Spousal relationship from being overshadowed by their more populous counterparts. They hoped that past dividing legislative ability between 2 houses, they'd exist able to ensure equal representation for residents of all states, every bit the U.South. Capitol Visitor Eye explains.
At the Ramble Convention of 1787, delegates from Connecticut proposed that the seats in the House be assigned based on population, while the seats in the Senate be assigned two per country. The Great Compromise (or Connecticut Compromise) gives each land equal representation in the Senate while ensuring equal representation per denizen in the House.
Article I, Section two: Limerick and Office of the House of Representatives
Article I of the Constitution specifies the powers, duties, and responsibilities of each of the 2 houses of Congress. Information technology lays out the rules for qualifying equally a representative, as well as the method by which the seats in the Business firm of Representatives are assigned to the states and how vacancies are filled.
The Constitution affords the House — known as the lower chamber considering it has more members than the Senate — much leeway in deciding how information technology will operate.
Age, citizenship, term duration, and residency requirements
Representatives:
- Must be at to the lowest degree 25 years sometime.
- Must be citizens for at least vii years.
- Are elected to a ii-twelvemonth term.
- Must be residents of the states they represent.
Allotment of representatives based on population
Originally, the number of representatives was set at one per 30,000 inhabitants, only the representative count has since increased, as the U.S. Business firm of Representatives History, Art, and Athenaeum website describes. The circulation was to be based on an enumeration (population census) that was to be made within iii years of the Constitution being ratified (canonical) by the 13 states, and then every 10 years thereafter.
The Circulation Act of 1911 and its successor, the Permanent Circulation Human activity of 1929, capped the number of representatives at 435. For this reason, as of the 2010 Census, the average number of inhabitants in a congressional district is about 710,000. The House of Representatives Archives states that the number of representatives was limited to 435 considering the U.S. population was growing faster in urban states than in rural ones, which gave big states a college proportion of representatives than smaller states.
Power to devise its own rules of performance
The Constitution allows each house of Congress to prepare its ain rules. This has led to divergent practices and procedures in the Firm and Senate. The Library of Congress summarizes the operating rules of the House of Representatives:
- Merely a numerical bulk is required to pass legislation in the House, which allows bills to be processed quickly. Past contrast, Senate votes typically require a three-fifths bulk, or sixty votes in favor.
- Majority political party leaders in the Firm control the priority of various policies and determine which bills make their way to the House floor for argue. In the Senate, minority political party leaders accept more than influence over such procedures, so the majority leaders must work more closely with them.
Power of impeachment
Commodity I, Section 2 of the Constitution states that the House "shall have the sole power of impeachment." This ability applies to the offices of president, vice president, federal judges, and other federal officers, as the Library of Congress' Constitution Annotated explains. Grounds for impeachment are "treason, bribery, or other loftier crimes and misdemeanors."
The House determines whether to impeach and if an impeachment is called for; the Senate decides whether to convict and remove the official from function. This follows a pattern established in the British government and American colonial governments dating back to the 17th century, as the Senate website explains.
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Commodity I, Section 3: Limerick and Function of the Senate
Article I, Section 3 of the Constitution calls for two senators from each state to be selected by a state's legislature to represent that state. All the same, the 17th Amendment, approved in 1913, mandates the directly election of U.S. senators, which means that they're elected by direct vote of the people rather than past land legislators.
Every bit the Senate website explains, the amendment was in response to corruption and other problems that prevented state legislatures from choosing U.S. senators. The Senate is known equally the upper chamber of Congress because it has fewer members than the House.
Historic period, citizenship, term elapsing, and residency requirements
The Constitution requires that senators be at least 30 years old, U.S. citizens for at least nine years, and residents of the states they'll represent. Senate terms are for six years; the terms are staggered so that approximately a third of all senate seats are up for ballot every two years. This is intended to protect the Senate from short-term political force per unit area and to ensure that turnover in the Senate occurs evenly, rather than having stasis for six years followed by upheaval.
Allocation of Senators: Two per State
Every bit the Senate website indicates, the reason the framers decided to let each state to be represented by 2 senators was to foreclose the large states from overpowering their smaller counterparts. Benjamin Franklin believed that states should have equal votes in all matters except those involving money. (Article I, Section 8 assigns to the House the power to tax and spend; this clause is described in the following section.)
Ability to devise its own rules of operation
The Senate has the constitutional dominance to fix its own rules, merely every bit the Business firm does. The Senate website quotes George Washington as explaining to Thomas Jefferson that the framers intended the Senate to "absurd" legislation passed by the House "just as a saucer is used to cool hot tea."
- In the Senate, individual senators have more options to slow the progress of a neb past making procedural requests, such as keeping floor debate open up on the thing at hand. This is intended to encourage deliberation, or the careful give-and-take and consideration, of bug.
- Majority party leaders in the Senate propose the priority of items to exist debated, just they must work with minority party leaders — and often all senators — to determine the floor agenda: the social club in which items are brought earlier the Senate.
Vice president every bit president of the Senate
The Constitution makes the vice president the president of the Senate, but the vice president is allowed to vote only to break a necktie. The Senate is empowered to choose its own officers and president pro tempore to preside over the Senate when the vice president is unavailable.
Power to endeavour and pass judgment on all impeachments
Senators are empowered to try and judge impeachments; in this capacity, they serve under "adjuration or affidavit." In the case of a president'southward impeachment, the chief justice of the United states presides. An impeachment confidence requires a ii-thirds majority vote of the total Senate.
If the impeachment trial leads to a conviction, the penalty is removal from function and disqualification from "any office of honour, trust or profit under the United States," according to Commodity I, Section iii. All the same, the impeached person is "liable and subject area to indictment, trial, judgment and penalisation, according to police."
Resources on the construction and function of the House of Representatives and Senate
- Cornell Law School's Legal Information Establish offers a fully annotated version of the Constitution and an caption of the Constitution compiled by the Congressional Inquiry Service.
- The S. Capitol Visitor Center features a study guide that explains the departure between the Business firm and Senate. It poses six questions about the ramble ground for the 2 houses of Congress and provides sample answers.
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U.S. House of Representatives: Roles and Responsibilities
The duties of the House of Representatives are stated in Article I, Sections 7 and 8 of the Constitution. Notwithstanding, the powers granted to both houses of Congress are derived from Article I, Section 1, as the Legal Information Institute explains.
In the early Supreme Court case McCulloch v. Maryland, Chief Justice John Marshall wrote that the government is "one of enumerated powers," which means that it tin can exercise merely the powers that have been granted to it explicitly by the Constitution. Paired with this doctrine is the ruling that legislative powers may non be delegated to any other branch of government.
Subsequent rulings take modified these ii doctrines, resulting in new categories of powers derived from this constitutional foundation.
Enumerated, implied, resulting, and inherent powers
Marshall's decision expanded the scope of the legislative powers enumerated in the Constitution by including the power to declare war, levy taxes, and regulate commerce. These powers are derived from the Constitution's necessary and proper clause in Article I, Section eight.
This gives Congress the correct to exercise whatsoever "means which are appropriate" to perform its constitutional duties, unless those ways are inconsistent with "the letter of the alphabet and spirit of the Constitution."
- Implied powers are those that aren't explicitly stipulated in the Constitution, but the regime assumes these powers are granted to it past inference based on prior Supreme Court decisions, equally the Legal Dictionary explains.
- Resulting powers are those that Congress has because they're needed for information technology to fulfill its duties. They're derived from other powers specifically granted to the government so that it tin can exercise its enumerated powers. The Legal Information Institute gives as an case the ability to acquire territory, which results from the enumerated powers to brand state of war and treaties.
- Inherent powers are likewise chosen implied powers, as the Constitution Annotated notes. They're powers that Congress possesses fifty-fifty though they've never been explicitly exercised. An example would be the ability to tax net service providers.
Only congress may declare war, levy taxes, and regulate commerce
The ability to declare state of war, levy taxes, and regulate commerce are amongst the congressional powers enumerated in Article I, Section 8 of the Constitution. The taxing and spending clause and the commerce clause have been used to broaden congressional authority over federal revenue enhancement and economic policy.
In add-on, Congress' war powers have created a lot of friction betwixt the executive and legislative branches. For example, presidents have tried to aggrandize their power to engage the U.S. armed services in overseas conflicts, as the Business firm of Representatives Archive describes. For example, in the flow after Globe State of war 2, presidents committed troops to the Dominican Republic, Laos, and Vietnam, amidst other countries, without requesting or receiving authorisation from Congress.
The House originates all revenue legislation
Article I, Section 7 of the Constitution states that bills intended to raise revenue must originate in the House. This is i of the major differences between the Firm and Senate. The Senate is immune to propose amendments to spending and taxing legislation, only every bit information technology tin with other bills sent to information technology from the House.
Bills require only a numerical majority vote
The decision of the framers to allow bills to laissez passer the Firm after getting a unproblematic majority of votes was motivated past the desire to allow legislation to be enacted quickly. The responsibleness for assessing and developing bills belongs to standing committees that are chaired by members of the majority party, but are fabricated upwardly of members of both parties, as the Congressional Enquiry Service explains.
Majority party powers and prerogatives
The important role of political parties in the organization and functioning of the House is described by the House of Representatives Archive. The majority party elects a speaker of the business firm and chooses other leadership positions, including the chair of all Business firm committees. There are more members of the Firm than of the Senate, so the majority party wields more ability in the lower chamber.
Set policy calendar
The speaker of the house normally selects the House majority leader. The House majority leader is charged with formulating the political party'south legislative calendar, every bit described by USHistory.org. The minority party chooses a minority leader whose impact on the House policy calendar is much more than limited.
Decide which legislation reaches the House floor
Among the duties of the speaker of the firm are presiding over all Firm proceedings, determining which bills become to which committees, influencing committee assignments for new House members, and deciding the priorities for bills to be debated and voted upon by the unabridged body of representatives.
Chair all committees
While majority party members are chosen to chair all House committees, they must work with the ranking member of the minority political party to prepare bills for deliberation by all House members. The House of Representatives Athenaeum describes the three types of House committees:
- Standing committees are permanent; their jurisdiction is defined in the House rules.
- Select committees are temporary; they're created by resolution and charged with conducting investigations or researching specific topics.
- Joint committees include members from the House and Senate, usually to report specific matters rather than to consider a piece of legislation.
Resources on Firm of Representatives roles and responsibilities
- The legal site Justia details the powers that the House derives from the taxing and spending clause of Article I, Department 8, including the types of taxes permitted and limits imposed on the ability to tax and spend.
- The Business firm of Representatives website explains the composition and functions of the House, including its leadership, committees, commissions, schedule, rules, and history.
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U.S. Senate: Roles and Responsibilities
Article I, Department 3 of the Constitution describes the basic limerick, functioning, and duties of the Senate, although the Constitution grants the Senate elbowroom in determining how it will carry its business. The Senate website describes the powers and procedures of the legislative body, which include trying impeachments, reviewing and approval presidential nominees, approving treaties, and managing internal matters.
Powers
The Senate receives all its authority from the Constitution. As described above for the House, the Senate's powers are either enumerated, or expressly stated in the Constitution, or derived from the enumerated powers through the Article I, Section 8 necessary and proper clause.
But the Senate confirms presidential nominations and treaties
Article 2, Section 2 of the Constitution grants the president power to nominate and appoint ambassadors, Supreme Court justices, and "other officers of the United States." However, the Constitution requires that nominations and appointments be fabricated "with the Communication and Consent of the Senate."
Similarly, the Senate is empowered to corroborate treaties proposed by the president past a 2-thirds majority vote. The Senate also has the ability to modify a treaty's terms. (The president's power to establish executive agreements with other nations doesn't crave Senate approval.)
Senate rules and procedures encourage deliberation rather than speed
The Senate website explains that the framers modeled the upper bedchamber of Congress after early state senates and the governor'due south councils of the Colonial era. To shield senators from short-term political pressure, their terms were set at vi years rather than the 2-yr terms of Business firm representatives.
The Senate was intended to act more deliberately than the House. This emphasizes the Senate'south duty to advise on and consent to actions taken in the House and by the executive branch of authorities. In this function, the framers expressed their "suspicion of the presidency" past allowing the Senate to serve as a check on executive powers. It also serves as a check against the impulsiveness of the House.
Individual senators have significant procedural leverage
The continuing rules of the Senate promote deliberation by allowing senators to "fence at length" and by requiring greater than a simple majority to end debate on a matter, as the Congressional Research Service explains. The rules also let Senators propose floor amendments to pending bills that are outside of the bailiwick thing of the bills themselves. For instance, the Existent ID Deed of 2005 passed as a "rider": an boosted provision to a war machine spending act that in its original version fabricated no reference to traveler identification, as ThoughtCo explains.
The result is an unpredictable daily flooring schedule for Senate business and the possibility that bills will be proposed whose subjects haven't been researched or debated in committee. To bring some order to Senate proceedings, the majority leader is given priority in being recognized to speak and to propose the bills and legislation that the body will consider.
Bulk party powers and prerogatives
In addition to the Senate bulk leader'southward power to control debates on the Senate floor, the bulk party is granted other rights in the functioning of the Senate.
Proposes items for consideration
The duties of the Senate majority leader include handling all procedural matters that arise on the Senate floor and informing members of the majority party about the content, implications, and status of all pending legislation. In collaboration with Senate committee chairs, the majority leader addresses any conflicts that may preclude proposed bills from being passed.
Negotiates with the minority political party to conduct Senate floor action
Nigh Senate actions crave greater than a elementary majority to pass. Therefore, the bulk party must work more closely with the Senate minority political party than is typical in the Firm, which needs just a simple majority to approve measures. The Senate website describes the relationship betwixt the majority and minority parties in the Senate as "one of compromise and mutual abstinence" that's intended to prevent stalemates from arising on important matters of legislation.
Chairs all committees
Similarly, members of the Senate bulk political party are called to chair all committees. Nonetheless, the nature of the Senate requires that the bulk leaders of committees work with the ranking fellow member of the minority party to accomplish the committee'south goals. The Senate website explains that the majority party controls most committee staff and resources, but the minority party retains a level of control based on its share of Senate seats.
Resources on Senate roles and responsibilities
- The Senate website details the institution'southward history and operation, including biographies of past senators, historical highlights, and a consummate chronology.
- The Library of Congress profiles current members of the Senate and explains the torso'south policies and procedures. The site links to active legislation and floor activity, every bit well every bit specific committees, leadership, and officers.
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How a bill becomes law
The procedure that Congress must follow to enact legislation is described in Commodity I, Section seven of the Constitution. United states.gov explains that anyone who has an idea for a new law is encouraged to contact their U.S. representative or senator to advise it. However, most bills originate in the offices of one or more than of their legislative sponsors.
Step 1: The nib is introduced in either the Business firm or the Senate
A nib tin exist introduced by a representative or a senator; that person becomes the bill'south sponsor (note that bills can have multiple sponsors). Later meeting in pocket-size groups to discuss the pecker'due south merits, representatives or senators assign the bill to a committee for further research, discussion, and potential amendments.
Step 2: The nib is debated and put to a vote
In one case the bill is released by the commission, representatives or senators fence it and propose amendments or other changes prior to putting the bill to a vote. After passing in the initial body (House or Senate), the beak goes to the other body, where it'south researched, discussed, and amended further.
Later both chambers take the neb, joint committees piece of work out the differences between the two versions. Both houses then vote on the verbal same neb. If the bill passes, it'south sent to the president for approving.
Step iii: The president considers the bill
The president has 10 days to sign or veto bills that Congress sends to the White Business firm for approving. (A presidential veto prevents the legislation from taking outcome.) If the president approves the bill, it'southward signed into constabulary. If the president rejects the bill, it's returned to Congress with an explanation for the veto.
If Congress adjourns before the 10-day period for signing the bill expires, the president can simply cull not to sign the nib, and the bill won't become law. This is called a "pocket veto."
Step iv: Congress may vote to override a presidential veto
Congress has the power to override a presidential veto by a two-thirds bulk vote of both the House and Senate. If the veto is overridden, the nib becomes law. A pocket veto by the president tin't be overridden past Congress.
Resource on how a bill becomes law
- The House of Representatives website explains the legislative process, including how bills and resolutions are proposed, introduced, amended, debated, voted on, and enacted.
- Vote Smart examines each footstep in the process of a bill condign police force in both the House and Senate, including committee activity, floor activeness, conference committees, and presidential review.
Determination: How Their Differences Make the House and Senate Stronger
The framers of the Constitution worked carefully to ensure that the powers wielded by the 3 branches of government — legislative, executive, and judicial — were carefully balanced then that the duties of each branch were clear and no 1 co-operative would overpower the other two. The bicameral legislature that splits legislative duties between a large House of Representatives and a smaller Senate is a primal component of the framers' power-sharing strategy.
Despite struggles and challenges that arose early in our state's history and persist today, the partitioning of responsibilities and sharing of ability have succeeded in keeping the wheels of government turning relatively finer more than two centuries afterwards the Constitution was written. While few constitutional experts and political scholars would argue that the bicameral legislative system works perfectly, most would agree that the conception has stood the test of time.
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Boosted Resource
The New York Times, "When the House and the Senate Are Controlled by Two Unlike Parties, Who Wins?"
U.Due south. Congress, "The Legislative Process: Overview"
U.Southward. National Archives, "The Constitution of the United States: A Transcription"
U.S. Senate, "Constitution of the United States"
Vote Smart, "Authorities 101: Congress"
Source: https://online.maryville.edu/blog/difference-between-house-and-senate/
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