The Senate Has Senators the House Has Representatives

Table of Contents

Difference Between House and Senate
House: Roles and Responsibilities
Senate: Roles and Responsibilities
How a Neb Becomes Constabulary
How Their Differences Make the House and Senate Stronger

The U.S. Congress is oftentimes referred to as a single entity, but it'due south actually a combination of two singled-out groups: the Business firm of Representatives and the Senate. While both houses of Congress work together to propose and enact the laws that govern our country, the differences between the House and Senate ensure that each chamber in this bicameral ("two room") arrangement has singled-out roles and responsibilities.

The U.S. Capitol building's east facade is shown with the U.S. flag flying in front of it.

Together, the House and Senate form the legislative branch of government. They interact 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.South. Constitution: Deviation Betwixt House and Senate

The framers of the Constitution knew that it was important to protect the smaller states of the newly formed Union from being overshadowed by their more populous counterparts. They hoped that by dividing legislative power between two houses, they'd be able to ensure equal representation for residents of all states, as the U.S. Capitol Company Centre explains.

At the Constitutional 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 state. The Great Compromise (or Connecticut Compromise) gives each state equal representation in the Senate while ensuring equal representation per citizen in the House.

Article I, Department 2: Composition and Function of the House of Representatives

Article I of the Constitution specifies the powers, duties, and responsibilities of each of the two houses of Congress. It lays out the rules for qualifying as a representative, as well as the method by which the seats in the House of Representatives are assigned to the states and how vacancies are filled.

The Constitution affords the Firm — known as the lower chamber because it has more members than the Senate — much leeway in deciding how it will operate.

Historic period, citizenship, term elapsing, and residency requirements

Representatives:

Must be at to the lowest degree 25 years old.
Must be citizens for at least seven years.
Are elected to a two-yr term.
Must be residents of united states they represent.

Allotment of representatives based on population

Originally, the number of representatives was set at 1 per 30,000 inhabitants, but the representative count has since increased, as the U.South. House of Representatives History, Art, and Archives website describes. The apportionment was to be based on an enumeration (population census) that was to be made inside 3 years of the Constitution beingness ratified (approved) by the 13 states, and then every 10 years thereafter.

The Apportionment Act of 1911 and its successor, the Permanent Apportionment Act 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 well-nigh 710,000. The House of Representatives Athenaeum states that the number of representatives was limited to 435 because the U.South. population was growing faster in urban states than in rural ones, which gave large states a higher proportion of representatives than smaller states.

Power to devise its own rules of operation

The Constitution allows each house of Congress to set its own rules. This has led to divergent practices and procedures in the House and Senate. The Library of Congress summarizes the operating rules of the House of Representatives:

Merely a numerical majority is required to pass legislation in the House, which allows bills to be processed quickly. Past contrast, Senate votes typically require a iii-fifths majority, or threescore votes in favor.
Majority party leaders in the House command the priority of diverse policies and determine which bills make their way to the Business firm flooring for fence. In the Senate, minority party leaders have more influence over such procedures, so the majority leaders must work more closely with them.

Ability of impeachment

Article I, Section 2 of the Constitution states that the House "shall have the sole ability of impeachment." This power 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 high crimes and misdemeanors."

The Business firm determines whether to impeach and if an impeachment is called for; the Senate decides whether to convict and remove the official from office. This follows a design established in the British government and American colonial governments dating back to the 17th century, equally the Senate website explains.

Article I, Department 3: Limerick and Function of the Senate

Commodity I, Section three of the Constitution calls for ii senators from each state to be selected past a state's legislature to represent that land. However, the 17th Amendment, approved in 1913, mandates the directly election of U.South. senators, which ways that they're elected by straight vote of the people rather than by state legislators.

As the Senate website explains, the subpoena was in response to abuse and other problems that prevented state legislatures from choosing U.S. senators. The Senate is known as the upper chamber of Congress because it has fewer members than the House.

Age, citizenship, term elapsing, and residency requirements

The Constitution requires that senators be at least xxx years one-time, U.South. citizens for at to the lowest degree ix years, and residents of united states they'll stand for. Senate terms are for six years; the terms are staggered so that approximately a tertiary of all senate seats are up for election every two years. This is intended to protect the Senate from brusk-term political force per unit area and to ensure that turnover in the Senate occurs evenly, rather than having stasis for half dozen years followed by upheaval.

Allotment of Senators: Two per State

Equally the Senate website indicates, the reason the framers decided to let each state to exist represented past two senators was to prevent the big 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 department.)

Power to devise its ain rules of performance

The Senate has the ramble authority to set its own rules, just as the House does. The Senate website quotes George Washington as explaining to Thomas Jefferson that the framers intended the Senate to "absurd" legislation passed by the Business firm "only equally a saucer is used to cool hot tea."

In the Senate, individual senators have more than options to ho-hum the progress of a neb by making procedural requests, such equally keeping floor debate open on the matter at hand. This is intended to encourage deliberation, or the careful give-and-take and consideration, of bug.
Majority party leaders in the Senate advise the priority of items to exist debated, but they must work with minority party leaders — and oftentimes all senators — to determine the floor agenda: the gild in which items are brought earlier the Senate.

Vice president as president of the Senate

The Constitution makes the vice president the president of the Senate, only the vice president is allowed to vote just to break a necktie. The Senate is empowered to cull its own officers and president pro tempore to preside over the Senate when the vice president is unavailable.

Power to attempt and pass judgment on all impeachments

Senators are empowered to try and estimate impeachments; in this capacity, they serve nether "adjuration or affirmation." In the case of a president's impeachment, the chief justice of the United states of america presides. An impeachment conviction requires a 2-thirds majority vote of the total Senate.

If the impeachment trial leads to a conviction, the penalisation is removal from office and disqualification from "whatever office of honor, trust or profit nether the Us," co-ordinate to Article I, Section 3. Yet, the impeached person is "liable and subject area to indictment, trial, judgment and penalization, according to law."

Resources on the structure and function of the Business firm of Representatives and Senate

Cornell Constabulary School'due south Legal Information Plant offers a fully annotated version of the Constitution and an caption of the Constitution compiled by the Congressional Research Service.
The South. Capitol Visitor Centre features a study guide that explains the difference between the House and Senate. It poses 6 questions nearly the constitutional basis for the two houses of Congress and provides sample answers.

Dorsum To Top

U.Southward. House of Representatives: Roles and Responsibilities

The duties of the House of Representatives are stated in Article I, Sections 7 and eight of the Constitution. However, 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 Courtroom example McCulloch v. Maryland, Master Justice John Marshall wrote that the authorities is "one of enumerated powers," which ways that it can exercise only the powers that have been granted to it explicitly by the Constitution. Paired with this doctrine is the ruling that legislative powers may not be delegated to any other branch of authorities.

Subsequent rulings take modified these 2 doctrines, resulting in new categories of powers derived from this constitutional foundation.

Enumerated, implied, resulting, and inherent powers

Marshall'south decision expanded the scope of the legislative powers enumerated in the Constitution by including the power to declare state of war, levy taxes, and regulate commerce. These powers are derived from the Constitution's necessary and proper clause in Article I, Section viii.

This gives Congress the right to do whatever "means which are appropriate" to perform its ramble duties, unless those means are inconsistent with "the alphabetic character and spirit of the Constitution."

Implied powers are those that aren't explicitly stipulated in the Constitution, merely the government assumes these powers are granted to it by inference based on prior Supreme Court decisions, as the Legal Dictionary explains.
Resulting powers are those that Congress has considering they're needed for it to fulfill its duties. They're derived from other powers specifically granted to the government so that it tin practise its enumerated powers. The Legal Information Institute gives as an case the power to acquire territory, which results from the enumerated powers to make war and treaties.
Inherent powers are also chosen implied powers, as the Constitution Annotated notes. They're powers that Congress possesses even though they've never been explicitly exercised. An example would be the power to taxation internet service providers.

Only congress may declare war, levy taxes, and regulate commerce

The ability to declare war, levy taxes, and regulate commerce are amid 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 say-so over federal taxation and economic policy.

In addition, Congress' war powers have created a lot of friction between the executive and legislative branches. For example, presidents take tried to expand their power to engage the U.S. military in overseas conflicts, every bit the Firm of Representatives Archive describes. For instance, in the period after World State of war Two, presidents committed troops to the Dominican Republic, Laos, and Vietnam, amid other countries, without requesting or receiving dominance from Congress.

The House originates all acquirement legislation

Commodity I, Department 7 of the Constitution states that bills intended to raise revenue must originate in the Firm. This is i of the major differences betwixt the Firm and Senate. The Senate is allowed to propose amendments to spending and taxing legislation, merely equally it can with other bills sent to it from the House.

Bills require simply a numerical majority vote

The decision of the framers to permit bills to pass the Business firm later getting a simple majority of votes was motivated past the desire to allow legislation to exist enacted quickly. The responsibility for assessing and developing bills belongs to standing committees that are chaired by members of the bulk party, but are made up of members of both parties, as the Congressional Enquiry Service explains.

Bulk party powers and prerogatives

The of import role of political parties in the organization and functioning of the Business firm is described past the Firm of Representatives Archive. The bulk party elects a speaker of the firm and chooses other leadership positions, including the chair of all Firm committees. There are more members of the House than of the Senate, and so the majority political party wields more power in the lower bedchamber.

Prepare policy agenda

The speaker of the business firm usually selects the House majority leader. The House bulk leader is charged with formulating the party's legislative agenda, every bit described by USHistory.org. The minority party chooses a minority leader whose impact on the Firm policy agenda is much more than express.

Decide which legislation reaches the House floor

Among the duties of the speaker of the business firm are presiding over all House proceedings, determining which bills go to which committees, influencing committee assignments for new House members, and deciding the priorities for bills to exist debated and voted upon by the entire trunk of representatives.

Chair all committees

While majority party members are chosen to chair all Business firm committees, they must work with the ranking member of the minority party to set bills for deliberation by all House members. The House of Representatives Archives describes the three types of House committees:

Standing committees are permanent; their jurisdiction is defined in the Business firm 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, unremarkably to study specific matters rather than to consider a piece of legislation.

Resource on House of Representatives roles and responsibilities

The legal site Justia details the powers that the Firm derives from the taxing and spending clause of Article I, Section 8, including the types of taxes permitted and limits imposed on the ability to revenue enhancement and spend.
The House of Representatives website explains the composition and functions of the Business firm, including its leadership, committees, commissions, schedule, rules, and history.

Back To Tiptop

U.S. Senate: Roles and Responsibilities

Article I, Department 3 of the Constitution describes the basic limerick, operation, and duties of the Senate, although the Constitution grants the Senate elbowroom in determining how it volition conduct its business. The Senate website describes the powers and procedures of the legislative body, which include trying impeachments, reviewing and blessing presidential nominees, blessing treaties, and managing internal matters.

Powers

The Senate receives all its authority from the Constitution. As described above for the Firm, the Senate'south powers are either enumerated, or expressly stated in the Constitution, or derived from the enumerated powers through the Commodity I, Department 8 necessary and proper clause.

But the Senate confirms presidential nominations and treaties

Commodity II, Section 2 of the Constitution grants the president power to nominate and appoint ambassadors, Supreme Courtroom justices, and "other officers of the United States." All the same, the Constitution requires that nominations and appointments be made "with the Advice and Consent of the Senate."

Similarly, the Senate is empowered to corroborate treaties proposed past the president by a ii-thirds bulk vote. The Senate besides has the ability to alter a treaty's terms. (The president's power to establish executive agreements with other nations doesn't require Senate approval.)

Senate rules and procedures encourage deliberation rather than speed

The Senate website explains that the framers modeled the upper chamber of Congress later early country senates and the governor's councils of the Colonial era. To shield senators from curt-term political pressure, their terms were ready at 6 years rather than the two-yr terms of House representatives.

The Senate was intended to act more than deliberately than the Firm. This emphasizes the Senate'due south duty to advise on and consent to actions taken in the House and by the executive co-operative of government. In this role, the framers expressed their "suspicion of the presidency" by assuasive the Senate to serve every bit a check on executive powers. It also serves as a cheque against the impulsiveness of the House.

Private senators have significant procedural leverage

The standing rules of the Senate promote deliberation by allowing senators to "debate at length" and by requiring greater than a simple majority to stop contend on a affair, as the Congressional Enquiry Service explains. The rules besides permit Senators propose floor amendments to pending bills that are exterior of the subject matter of the bills themselves. For example, the Real ID Act of 2005 passed equally a "passenger": an additional provision to a military spending act that in its original version made no reference to traveler identification, as ThoughtCo explains.

The outcome is an unpredictable daily floor 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 social club to Senate proceedings, the majority leader is given priority in existence recognized to speak and to propose the bills and legislation that the trunk will consider.

Majority party powers and prerogatives

In addition to the Senate majority leader's ability to control debates on the Senate flooring, the bulk party is granted other rights in the operation of the Senate.

Proposes items for consideration

The duties of the Senate majority leader include handling all procedural matters that ascend on the Senate floor and informing members of the bulk political party well-nigh the content, implications, and status of all awaiting legislation. In collaboration with Senate committee chairs, the bulk leader addresses any conflicts that may preclude proposed bills from existence passed.

Negotiates with the minority political party to conduct Senate floor action

About Senate actions require greater than a simple majority to pass. Therefore, the majority party must work more than closely with the Senate minority party than is typical in the Business firm, which needs but a unproblematic majority to approve measures. The Senate website describes the relationship between the bulk and minority parties in the Senate equally "one of compromise and mutual forbearance" that'southward intended to forestall stalemates from arising on important matters of legislation.

Chairs all committees

Similarly, members of the Senate majority political party are chosen to chair all committees. Withal, the nature of the Senate requires that the majority leaders of committees work with the ranking member of the minority party to accomplish the commission'due south goals. The Senate website explains that the majority party controls nearly committee staff and resource, but the minority party retains a level of control based on its share of Senate seats.

Resource on Senate roles and responsibilities

The Senate website details the institution's 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's policies and procedures. The site links to active legislation and flooring activeness, as well equally specific committees, leadership, and officers.

How a pecker becomes law

The procedure that Congress must follow to enact legislation is described in Article I, Section 7 of the Constitution. Usa.gov explains that anyone who has an idea for a new law is encouraged to contact their U.S. representative or senator to suggest information technology. Even so, nigh bills originate in the offices of 1 or more of their legislative sponsors.

Pace 1: The bill is introduced in either the House or the Senate

A bill can be introduced past a representative or a senator; that person becomes the bill'south sponsor (notation that bills can have multiple sponsors). After meeting in small groups to discuss the bill'south merits, representatives or senators assign the bill to a commission for further research, discussion, and potential amendments.

Step 2: The bill is debated and put to a vote

Once the neb is released by the committee, representatives or senators debate it and advise amendments or other changes prior to putting the bill to a vote. After passing in the initial body (House or Senate), the bill goes to the other torso, where it'southward researched, discussed, and amended further.

After both chambers accept the pecker, articulation committees work out the differences betwixt the two versions. Both houses then vote on the exact same bill. If the pecker passes, information technology'southward sent to the president for approving.

Pace 3: 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 consequence.) If the president approves the bill, information technology's signed into law. If the president rejects the nib, it'south returned to Congress with an explanation for the veto.

If Congress adjourns earlier the 10-24-hour interval period for signing the bill expires, the president tin can only choose not to sign the bill, and the neb won't get police. This is called a "pocket veto."

Stride 4: Congress may vote to override a presidential veto

Congress has the power to override a presidential veto past a two-thirds majority vote of both the House and Senate. If the veto is overridden, the bill becomes constabulary. A pocket veto past the president can't be overridden by Congress.

Resources on how a bill becomes police

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 step in the procedure of a bill condign law in both the House and Senate, including committee activeness, floor action, conference committees, and presidential review.

Conclusion: How Their Differences Make the Firm and Senate Stronger

The framers of the Constitution worked carefully to ensure that the powers wielded past the three branches of authorities — legislative, executive, and judicial — were carefully balanced so that the duties of each branch were clear and no one co-operative would overpower the other two. The bicameral legislature that splits legislative duties between a big House of Representatives and a smaller Senate is a cardinal component of the framers' power-sharing strategy.

Despite struggles and challenges that arose early in our state'south history and persist today, the segmentation of responsibilities and sharing of power take succeeded in keeping the wheels of government turning relatively effectively more than two centuries later the Constitution was written. While few constitutional experts and political scholars would contend that the bicameral legislative organization works perfectly, most would agree that the formulation has stood the exam of time.

Additional Resources

The New York Times, "When the House and the Senate Are Controlled past Two Different Parties, Who Wins?"

U.South. Congress, "The Legislative Procedure: Overview"

U.S. National Athenaeum, "The Constitution of the United States: A Transcription"

U.Southward. Senate, "Constitution of the U.s.a."

Vote Smart, "Government 101: Congress"

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