Bills From the House of Representatives Are Marked With a


Table of Contents

  1. Difference Between House and Senate
  2. House: Roles and Responsibilities
  3. Senate: Roles and Responsibilities
  4. How a Bill Becomes Constabulary
  5. How Their Differences Make the House and Senate Stronger

The U.S. Congress is often referred to as a unmarried entity, simply it's actually a combination of two distinct groups: the 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") organization has distinct 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 grade 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 preclude any unmarried branch from abusing its ability.

Commodity I of the U.S. Constitution: Difference Between House and Senate

The framers of the Constitution knew that it was important to protect the smaller states of the newly formed Union from beingness overshadowed by their more populous counterparts. They hoped that past dividing legislative power between two houses, they'd exist able to ensure equal representation for residents of all states, every bit the U.S. Capitol Visitor Center 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 land. The Corking 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 Firm 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 u.s.a. and how vacancies are filled.

The Constitution affords the Business firm — known every bit the lower chamber because it has more members than the Senate — much elbowroom in deciding how information technology will operate.

Historic period, citizenship, term duration, and residency requirements

Representatives:

  • Must exist at least 25 years onetime.
  • Must be citizens for at to the lowest degree seven years.
  • Are elected to a two-year term.
  • Must be residents of the states they stand for.

Allotment of representatives based on population

Originally, the number of representatives was fix at 1 per 30,000 inhabitants, simply the representative count has since increased, equally the U.S. House of Representatives History, Art, and Athenaeum website describes. The apportionment was to exist based on an enumeration (population demography) that was to be made within 3 years of the Constitution being ratified (approved) past the xiii states, then every x 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 about 710,000. The House of Representatives Archives states that the number of representatives was limited to 435 considering the U.Southward. 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 ain rules of performance

The Constitution allows each house of Congress to set its ain 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:

  • Only a numerical bulk is required to pass legislation in the Business firm, which allows bills to be candy rapidly. Past contrast, Senate votes typically require a three-fifths majority, or threescore votes in favor.
  • Majority party leaders in the House control the priority of various policies and decide which bills make their way to the House floor for debate. In the Senate, minority party leaders have more influence over such procedures, so the majority leaders must piece of work more than closely with them.

Ability of impeachment

Commodity I, Department 2 of the Constitution states that the House "shall accept 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 House 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 blueprint established in the British government and American colonial governments dating back to the 17th century, as the Senate website explains.

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Article I, Section 3: Composition and Function of the Senate

Commodity I, Department 3 of the Constitution calls for two senators from each state to exist selected by a state'due south legislature to represent that state. However, the 17th Subpoena, approved in 1913, mandates the direct election of U.S. senators, which ways that they're elected past directly vote of the people rather than by state legislators.

As the Senate website explains, the subpoena was in response to corruption and other problems that prevented state legislatures from choosing U.South. senators. The Senate is known as the upper chamber of Congress considering information technology has fewer members than the Firm.

Age, citizenship, term duration, and residency requirements

The Constitution requires that senators be at least 30 years former, U.Southward. citizens for at least 9 years, and residents of the states they'll represent. Senate terms are for six years; the terms are staggered so that approximately a 3rd of all senate seats are upwards for election every ii years. This is intended to protect the Senate from brusque-term political pressure level and to ensure that turnover in the Senate occurs evenly, rather than having stasis for six years followed by upheaval.

Allotment of Senators: Two per State

As the Senate website indicates, the reason the framers decided to allow each state to be represented by ii senators was to prevent the big states from overpowering their smaller counterparts. Benjamin Franklin believed that states should take equal votes in all matters except those involving money. (Article I, Section viii assigns to the House the power to tax and spend; this clause is described in the following section.)

Power to devise its own rules of operation

The Senate has the constitutional authority to gear up its own rules, just as the Business firm does. The Senate website quotes George Washington every bit explaining to Thomas Jefferson that the framers intended the Senate to "cool" legislation passed by the House "merely as a saucer is used to cool hot tea."

  • In the Senate, individual senators have more options to tiresome the progress of a neb by making procedural requests, such as keeping flooring fence open on the matter at manus. This is intended to encourage deliberation, or the careful discussion and consideration, of issues.
  • Majority party leaders in the Senate propose the priority of items to be debated, only they must work with minority party leaders — and frequently all senators — to make up one's mind the floor agenda: the order in which items are brought before the Senate.

Vice president as president of the Senate

The Constitution makes the vice president the president of the Senate, simply the vice president is allowed to vote merely to break a tie. 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 try and pass judgment on all impeachments

Senators are empowered to try and judge impeachments; in this capacity, they serve under "oath or affidavit." In the instance of a president'due south impeachment, the chief justice of the United States presides. An impeachment conviction requires a 2-thirds majority vote of the full Senate.

If the impeachment trial leads to a conviction, the punishment is removal from role and disqualification from "whatever office of accolade, trust or profit nether the United States," according to Article I, Section three. However, the impeached person is "liable and subject to indictment, trial, judgment and punishment, co-ordinate to law."

Resources on the structure and function of the House of Representatives and Senate

  • Cornell Law School's Legal Data Institute offers a fully annotated version of the Constitution and an explanation of the Constitution compiled by the Congressional Inquiry Service.
  • The Southward. Capitol Visitor Center features a study guide that explains the difference between the House and Senate. It poses six questions about the ramble basis for the two houses of Congress and provides sample answers.

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U.Due south. Firm of Representatives: Roles and Responsibilities

The duties of the House of Representatives are stated in Article I, Sections vii and 8 of the Constitution. However, the powers granted to both houses of Congress are derived from Article I, Department 1, as the Legal Data Establish explains.

In the early on Supreme Courtroom case McCulloch v. Maryland, Main Justice John Marshall wrote that the authorities is "i of enumerated powers," which ways that it can exercise simply the powers that accept been granted to it explicitly by the Constitution. Paired with this doctrine is the ruling that legislative powers may not be delegated to whatsoever other branch of authorities.

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

Enumerated, implied, resulting, and inherent powers

Marshall's decision expanded the telescopic of the legislative powers enumerated in the Constitution past 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 8.

This gives Congress the correct to practise any "means which are appropriate" to perform its ramble duties, unless those means 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 authorities assumes these powers are granted to it by inference based on prior Supreme Court decisions, as the Legal Lexicon explains.
  • Resulting powers are those that Congress has because they're needed for it to fulfill its duties. They're derived from other powers specifically granted to the authorities then that information technology can do its enumerated powers. The Legal Information Constitute gives every bit an example the ability to learn territory, which results from the enumerated powers to brand war and treaties.
  • Inherent powers are likewise called unsaid 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 tax internet service providers.

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

The power to declare 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 accept been used to augment congressional authority over federal tax and economic policy.

In add-on, Congress' war powers have created a lot of friction betwixt the executive and legislative branches. For instance, presidents have tried to expand their power to engage the U.Due south. war machine in overseas conflicts, as the Business firm of Representatives Archive describes. For example, in the menstruum after World War II, presidents committed troops to the Dominican Republic, Lao people's democratic republic, and Vietnam, amidst other countries, without requesting or receiving authorization from Congress.

The House originates all revenue legislation

Article I, Department 7 of the Constitution states that bills intended to raise revenue must originate in the Business firm. This is i of the major differences between the Business firm and Senate. The Senate is allowed to suggest amendments to spending and taxing legislation, just as information technology can with other bills sent to information technology from the House.

Bills require simply a numerical majority vote

The decision of the framers to permit bills to laissez passer the House later on getting a simple majority of votes was motivated by the desire to allow legislation to be enacted apace. The responsibility for assessing and developing bills belongs to continuing committees that are chaired by members of the majority party, but are fabricated up of members of both parties, equally the Congressional Research Service explains.

Bulk party powers and prerogatives

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

Fix policy agenda

The speaker of the firm usually selects the House bulk leader. The House majority leader is charged with formulating the party's legislative agenda, as described by USHistory.org. The minority party chooses a minority leader whose affect on the House policy agenda is much more limited.

Decide which legislation reaches the Business firm floor

Amidst the duties of the speaker of the house are presiding over all House proceedings, determining which bills go to which committees, influencing commission assignments for new House members, and deciding the priorities for bills to be debated and voted upon by the entire body of representatives.

Chair all committees

While majority political party members are chosen to chair all Firm committees, they must work with the ranking member of the minority political party to gear up bills for deliberation past all Firm members. The House of Representatives Archives describes the three types of House committees:

  • Continuing 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 Business firm and Senate, usually to written report specific matters rather than to consider a piece of legislation.

Resources on House of Representatives roles and responsibilities

  • The legal site Justia details the powers that the Business firm derives from the taxing and spending clause of Commodity I, Section 8, including the types of taxes permitted and limits imposed on the power to tax and spend.
  • The House 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.Due south. Senate: Roles and Responsibilities

Commodity I, Section iii of the Constitution describes the basic composition, operation, and duties of the Senate, although the Constitution grants the Senate leeway in determining how it volition conduct its business organisation. The Senate website describes the powers and procedures of the legislative torso, which include trying impeachments, reviewing and approval presidential nominees, approval treaties, and managing internal matters.

Powers

The Senate receives all its authority from the Constitution. As described in a higher place 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.

Only the Senate confirms presidential nominations and treaties

Commodity II, 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 exist made "with the Advice and Consent of the Senate."

Similarly, the Senate is empowered to corroborate treaties proposed past the president past a two-thirds majority vote. The Senate also has the power to change a treaty's terms. (The president'due south ability to found 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 after early state senates and the governor'south councils of the Colonial era. To shield senators from brusque-term political pressure level, their terms were set at 6 years rather than the ii-year terms of House representatives.

The Senate was intended to act more deliberately than the House. This emphasizes the Senate's duty to suggest on and consent to deportment taken in the Firm and by the executive branch of authorities. In this role, the framers expressed their "suspicion of the presidency" by allowing the Senate to serve every bit a check on executive powers. It also serves as a check against the impulsiveness of the Business firm.

Individual senators have significant procedural leverage

The continuing rules of the Senate promote deliberation past allowing senators to "argue at length" and by requiring greater than a simple majority to finish debate on a thing, as the Congressional Enquiry Service explains. The rules as well allow Senators propose floor amendments to awaiting bills that are outside of the subject field matter of the bills themselves. For example, the Existent ID Act of 2005 passed as a "rider": an additional provision to a military spending human activity that in its original version fabricated no reference to traveler identification, every bit ThoughtCo explains.

The result 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 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.

Majority party powers and prerogatives

In addition to the Senate majority leader's ability to control debates on the Senate floor, the majority 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 ascend 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 commission chairs, the majority leader addresses any conflicts that may prevent proposed bills from being passed.

Negotiates with the minority political party to carry Senate flooring activity

Virtually Senate actions crave greater than a unproblematic majority to pass. Therefore, the majority party must work more closely with the Senate minority political party than is typical in the House, which needs only a simple bulk to approve measures. The Senate website describes the relationship betwixt the majority and minority parties in the Senate as "1 of compromise and mutual forbearance" that'due south intended to forestall stalemates from arising on important matters of legislation.

Chairs all committees

Similarly, members of the Senate bulk party are called to chair all committees. Yet, the nature of the Senate requires that the bulk leaders of committees piece of work with the ranking member of the minority party to accomplish the committee's goals. The Senate website explains that the majority party controls about commission staff and resources, only the minority party retains a level of command based on its share of Senate seats.

Resources on Senate roles and responsibilities

  • The Senate website details the institution's history and operation, including biographies of past senators, historical highlights, and a complete chronology.
  • The Library of Congress profiles current members of the Senate and explains the trunk's policies and procedures. The site links to active legislation and floor activity, too equally specific committees, leadership, and officers.

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How a bill becomes police force

The process that Congress must follow to enact legislation is described in Article I, Department 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 propose it. Withal, most bills originate in the offices of one or more of their legislative sponsors.

Step 1: The nib is introduced in either the House or the Senate

A beak can be introduced past a representative or a senator; that person becomes the bill's sponsor (annotation that bills can have multiple sponsors). After meeting in small groups to talk over the bill's merits, representatives or senators assign the beak to a committee for farther research, discussion, and potential amendments.

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

Once the beak is released by the committee, representatives or senators fence it and advise amendments or other changes prior to putting the bill to a vote. After passing in the initial body (Firm or Senate), the bill goes to the other body, where information technology's researched, discussed, and amended farther.

Subsequently both chambers take the bill, joint committees work out the differences betwixt the two versions. Both houses then vote on the exact same bill. If the beak passes, it's sent to the president for blessing.

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 approval. (A presidential veto prevents the legislation from taking effect.) If the president approves the bill, it's signed into police force. If the president rejects the bill, it's returned to Congress with an explanation for the veto.

If Congress adjourns earlier the 10-day menses for signing the neb expires, the president can only cull not to sign the bill, and the beak won't go law. This is called a "pocket veto."

Step four: Congress may vote to override a presidential veto

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

Resources on how a bill becomes law

  • The House of Representatives website explains the legislative procedure, including how bills and resolutions are proposed, introduced, amended, debated, voted on, and enacted.
  • Vote Smart examines each stride in the procedure of a beak condign police in both the Business firm and Senate, including commission action, floor action, conference committees, and presidential review.

Conclusion: How Their Differences Make the Business firm and Senate Stronger

The framers of the Constitution worked carefully to ensure that the powers wielded by the three branches of government —  legislative, executive, and judicial — were advisedly balanced so that the duties of each branch were articulate and no one branch would overpower the other ii. The bicameral legislature that splits legislative duties between a large Business firm of Representatives and a smaller Senate is a key component of the framers' power-sharing strategy.

Despite struggles and challenges that arose early on in our land's history and persist today, the sectionalisation of responsibilities and sharing of power take succeeded in keeping the wheels of government turning relatively effectively more than two centuries after the Constitution was written. While few constitutional experts and political scholars would argue that the bicameral legislative system works perfectly, almost would agree that the formulation has stood the test of time.

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Boosted Resources

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

U.Southward. Congress, "The Legislative Process: Overview"

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

U.Due south. Senate, "Constitution of the United States"

Vote Smart, "Authorities 101: Congress"

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Source: https://online.maryville.edu/blog/difference-between-house-and-senate/

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