What Can the House of Representatives Do Against the Senate

Table of Contents

1. Difference Between House and Senate
2. Business firm: Roles and Responsibilities
3. Senate: Roles and Responsibilities
4. How a Bill Becomes Law
5. How Their Differences Brand the House and Senate Stronger

The U.Due south. Congress is often referred to as a single entity, simply it's actually a combination of 2 distinct groups: the Business firm of Representatives and the Senate. While both houses of Congress work together to advise and enact the laws that govern our country, the differences betwixt the House and Senate ensure that each chamber in this bicameral ("two room") system has distinct roles and responsibilities.

Together, the House and Senate form the legislative branch of government. They collaborate with the executive and judicial branches to implement the checks and balances that keep all three branches operation and prevent any unmarried co-operative from abusing its power.

Commodity I of the U.S. Constitution: Departure Betwixt Business firm and Senate

The framers of the Constitution knew that it was important to protect the smaller states of the newly formed Marriage from existence overshadowed by their more than populous counterparts. They hoped that past 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 Heart explains.

At the Constitutional Convention of 1787, delegates from Connecticut proposed that the seats in the Business firm be assigned based on population, while the seats in the Senate exist 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 Business firm.

Article I, Section 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, equally well as the method past which the seats in the Firm of Representatives are assigned to united states of america and how vacancies are filled.

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

Age, citizenship, term duration, and residency requirements

Representatives:

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

Allocation of representatives based on population

Originally, the number of representatives was set at 1 per 30,000 inhabitants, merely the representative count has since increased, as the U.Due south. Firm of Representatives History, Art, and Archives website describes. The apportionment was to exist based on an enumeration (population census) that was to be made within iii years of the Constitution being ratified (approved) by the thirteen 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 about 710,000. The House of Representatives Archives 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 big states a college proportion of representatives than smaller states.

Ability to devise its ain rules of operation

The Constitution allows each business firm of Congress to fix 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:

• Only a numerical majority is required to pass legislation in the House, which allows bills to be candy rapidly. By contrast, Senate votes typically require a 3-fifths bulk, or 60 votes in favor.
• Majority party leaders in the House control the priority of various policies and determine which bills make their fashion to the House floor for debate. In the Senate, minority political party leaders have more influence over such procedures, so the majority leaders must work more closely with them.

Ability of impeachment

Article I, Section two of the Constitution states that the House "shall have the sole power 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 function. This follows a blueprint established in the British authorities and American colonial governments dating dorsum to the 17th century, as the Senate website explains.

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Commodity I, Department 3: Composition and Function of the Senate

Article I, Section 3 of the Constitution calls for two senators from each state to exist selected by a state'due south legislature to stand for that state. Still, the 17th Subpoena, approved in 1913, mandates the directly election of U.South. senators, which means that they're elected by directly vote of the people rather than past state legislators.

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

Age, citizenship, term duration, 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 united states they'll represent. Senate terms are for half-dozen years; the terms are staggered and so that approximately a third of all senate seats are up for election every two years. This is intended to protect the Senate from curt-term political pressure and to ensure that turnover in the Senate occurs evenly, rather than having stasis for six years followed by upheaval.

Allotment of Senators: Ii per Country

As the Senate website indicates, the reason the framers decided to allow each land to be represented by two senators was to forbid the big states from overpowering their smaller counterparts. Benjamin Franklin believed that states should accept 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.)

Power to devise its own rules of operation

The Senate has the ramble authority to gear up its own rules, just as the House does. The Senate website quotes George Washington every bit explaining to Thomas Jefferson that the framers intended the Senate to "cool" legislation passed past 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 bill by making procedural requests, such every bit keeping floor argue open on the matter at mitt. This is intended to encourage deliberation, or the careful give-and-take and consideration, of problems.
• Majority party leaders in the Senate suggest the priority of items to exist debated, simply they must work with minority party leaders — and oftentimes all senators — to determine the floor agenda: the lodge 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, but the vice president is allowed to vote only to pause a tie. The Senate is empowered to choose its own officers and president pro tempore to preside over the Senate when the vice president is unavailable.

Ability to try and pass judgment on all impeachments

Senators are empowered to attempt and judge impeachments; in this capacity, they serve under "oath or affidavit." In the case of a president'due south impeachment, the main justice of the Usa presides. An impeachment conviction requires a two-thirds majority vote of the full Senate.

If the impeachment trial leads to a conviction, the penalization is removal from part and disqualification from "whatsoever role of honor, trust or profit nether the United States," according to Article I, Department 3. However, the impeached person is "liable and discipline to indictment, trial, judgment and penalization, according to police."

Resource on the structure and function of the Firm of Representatives and Senate

• Cornell Police School's Legal Information Plant offers a fully annotated version of the Constitution and an explanation of the Constitution compiled by the Congressional Research Service.
• The Southward. Capitol Company Center features a report guide that explains the deviation between the House and Senate. It poses six questions about the constitutional basis for the two houses of Congress and provides sample answers.

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U.S. Business firm of Representatives: Roles and Responsibilities

The duties of the House of Representatives are stated in Article I, Sections 7 and viii of the Constitution. However, the powers granted to both houses of Congress are derived from Article I, Department 1, as the Legal Information Establish explains.

In the early on Supreme Courtroom case McCulloch v. Maryland, Chief Justice John Marshall wrote that the authorities is "one of enumerated powers," which means that information technology 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 government.

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'southward determination expanded the telescopic of the legislative powers enumerated in the Constitution by including the ability to declare war, levy taxes, and regulate commerce. These powers are derived from the Constitution's necessary and proper clause in Article I, Department 8.

This gives Congress the correct to practice any "means which are appropriate" to perform its constitutional duties, unless those means are inconsistent with "the letter and spirit of the Constitution."

• Implied powers are those that aren't explicitly stipulated in the Constitution, but 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 regime so that it can practice its enumerated powers. The Legal Information Institute gives as an instance the ability to acquire territory, which results from the enumerated powers to make state of war and treaties.
• Inherent powers are as well called implied powers, every bit the Constitution Annotated notes. They're powers that Congress possesses even though they've never been explicitly exercised. An example would exist the ability to taxation internet service providers.

Merely congress may declare state of war, levy taxes, and regulate commerce

The power to declare war, levy taxes, and regulate commerce are among 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 revenue enhancement and economic policy.

In addition, Congress' war powers have created a lot of friction between the executive and legislative branches. For case, presidents have tried to expand their power to appoint the U.S. military in overseas conflicts, as the Firm of Representatives Archive describes. For instance, in the menstruation after World War II, presidents committed troops to the Dominican Republic, Laos, and Vietnam, among other countries, without requesting or receiving potency from Congress.

The Firm originates all acquirement legislation

Commodity I, Section 7 of the Constitution states that bills intended to raise revenue must originate in the Business firm. This is one of the major differences between the House and Senate. The Senate is allowed to propose amendments to spending and taxing legislation, merely every bit it tin with other bills sent to it from the Firm.

Bills require just a numerical majority vote

The decision of the framers to allow bills to pass the Business firm after getting a simple majority of votes was motivated by 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 political party, but are made upward of members of both parties, as the Congressional Research 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 Annal. The majority party elects a speaker of the firm and chooses other leadership positions, including the chair of all House committees. In that location are more members of the House than of the Senate, so the bulk party wields more ability in the lower sleeping accommodation.

Set up policy agenda

The speaker of the firm usually selects the Firm majority leader. The House majority leader is charged with formulating the political party's legislative agenda, as described past USHistory.org. The minority party chooses a minority leader whose impact on the House policy agenda is much more express.

Decide which legislation reaches the House floor

Amidst the duties of the speaker of the house are presiding over all House 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 entire body of representatives.

Chair all committees

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

• Standing committees are permanent; their jurisdiction is divers 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, usually to study 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 House derives from the taxing and spending clause of Article 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 limerick and functions of the Business firm, including its leadership, committees, commissions, schedule, rules, and history.

Dorsum To Tiptop

U.S. Senate: Roles and Responsibilities

Article I, Department three of the Constitution describes the basic composition, functioning, and duties of the Senate, although the Constitution grants the Senate leeway in determining how it will conduct its concern. The Senate website describes the powers and procedures of the legislative body, which include trying impeachments, reviewing and approving presidential nominees, approving treaties, and managing internal matters.

Powers

The Senate receives all its authorisation from the Constitution. Every bit described above for the House, the Senate'south powers are either enumerated, or expressly stated in the Constitution, or derived from the enumerated powers through the Article I, Section viii necessary and proper clause.

Only the Senate confirms presidential nominations and treaties

Article Two, Section 2 of the Constitution grants the president power to nominate and appoint ambassadors, Supreme Court justices, and "other officers of the Usa." All the same, the Constitution requires that nominations and appointments be fabricated "with the Advice and Consent of the Senate."

Similarly, the Senate is empowered to approve treaties proposed by the president by a 2-thirds bulk vote. The Senate besides has the power to change 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 sleeping accommodation of Congress subsequently early land senates and the governor'due south councils of the Colonial era. To shield senators from brusque-term political pressure, their terms were gear up at six years rather than the two-yr terms of House representatives.

The Senate was intended to human action more deliberately than the Firm. This emphasizes the Senate's duty to suggest on and consent to actions taken in the Business firm and by the executive branch of government. In this role, the framers expressed their "suspicion of the presidency" by assuasive the Senate to serve as a cheque on executive powers. It besides serves as a cheque against the impulsiveness of the House.

Individual senators have meaning 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 end debate on a matter, every bit the Congressional Research Service explains. The rules also let Senators suggest flooring amendments to pending bills that are exterior of the subject matter of the bills themselves. For case, the Real ID Human activity of 2005 passed as a "rider": an boosted provision to a military spending act that in its original version made no reference to traveler identification, as ThoughtCo explains.

The result is an unpredictable daily flooring schedule for Senate business concern and the possibility that bills will exist proposed whose subjects haven't been researched or debated in committee. To bring some gild to Senate proceedings, the majority leader is given priority in being recognized to speak and to advise the bills and legislation that the body will consider.

Bulk party powers and prerogatives

In add-on to the Senate majority leader's power to control debates on the Senate floor, the majority 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 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 whatsoever conflicts that may preclude proposed bills from existence passed.

Negotiates with the minority party to behave Senate flooring activity

Virtually Senate actions require greater than a unproblematic bulk to laissez passer. Therefore, the majority party must piece of work more closely with the Senate minority party than is typical in the House, which needs only a uncomplicated majority to approve measures. The Senate website describes the relationship between the bulk and minority parties in the Senate as "one of compromise and mutual abstinence" that'southward intended to prevent stalemates from arising on important matters of legislation.

Chairs all committees

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

Resources on Senate roles and responsibilities

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

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How a bill becomes police force

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

Step i: The bill is introduced in either the Business firm or the Senate

A nib can be introduced by a representative or a senator; that person becomes the bill'southward sponsor (note that bills can have multiple sponsors). After meeting in small groups to discuss the bill's claim, representatives or senators assign the bill to a committee for further inquiry, discussion, and potential amendments.

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

Once the beak is released past the commission, representatives or senators debate information technology and propose amendments or other changes prior to putting the bill to a vote. After passing in the initial body (Firm or Senate), the beak goes to the other body, where it's researched, discussed, and amended further.

Later both chambers have the bill, articulation committees piece of work out the differences between the two versions. Both houses then vote on the exact same bill. If the beak passes, information technology's sent to the president for approval.

Step 3: The president considers the nib

The president has x days to sign or veto bills that Congress sends to the White House for approval. (A presidential veto prevents the legislation from taking effect.) If the president approves the neb, it's signed into law. If the president rejects the nib, it's returned to Congress with an explanation for the veto.

If Congress adjourns before the 10-24-hour interval period for signing the bill expires, the president can simply choose non to sign the bill, and the pecker won't become law. This is called a "pocket veto."

Step 4: Congress may vote to override a presidential veto

Congress has the power to override a presidential veto past a 2-thirds majority vote of both the House and Senate. If the veto is overridden, the bill becomes police force. A pocket veto past the president can't exist overridden by Congress.

Resources on how a bill becomes constabulary

• 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 process of a bill becoming police force in both the House and Senate, including committee action, floor activeness, conference committees, and presidential review.

Conclusion: 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 regime —  legislative, executive, and judicial — were advisedly counterbalanced so that the duties of each branch were clear and no ane branch would overpower the other 2. The bicameral legislature that splits legislative duties betwixt a large House of Representatives and a smaller Senate is a key component of the framers' power-sharing strategy.

Despite struggles and challenges that arose early in our country's history and persist today, the partition of responsibilities and sharing of power take succeeded in keeping the wheels of government turning relatively effectively more than ii centuries afterward the Constitution was written. While few constitutional experts and political scholars would argue that the bicameral legislative arrangement works perfectly, about would concord that the formulation has stood the test of fourth dimension.

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Boosted Resources

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

U.Due south. Congress, "The Legislative Process: Overview"

U.Due south. National Athenaeum, "The Constitution of the Us: A Transcription"

U.Southward. 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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