What Do the Senate and House of Representatives Do
Table of Contents
- Difference Between Business firm and Senate
- House: Roles and Responsibilities
- Senate: Roles and Responsibilities
- How a Bill Becomes Police force
- How Their Differences Make the House and Senate Stronger
The U.Southward. Congress is often referred to as a unmarried entity, but it's actually a combination of 2 singled-out groups: the House of Representatives and the Senate. While both houses of Congress work together to suggest and enact the laws that govern our land, the differences between 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 go along all 3 branches functioning and forbid whatsoever single branch from abusing its ability.
Article I of the U.S. Constitution: Difference Between Business firm 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 past their more populous counterparts. They hoped that past dividing legislative power betwixt two houses, they'd be able to ensure equal representation for residents of all states, every bit the U.S. Capitol Visitor Eye 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 2 per state. The Great Compromise (or Connecticut Compromise) gives each state equal representation in the Senate while ensuring equal representation per denizen in the House.
Article I, Section 2: Limerick 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 equally a representative, besides as the method by which the seats in the Business firm of Representatives are assigned to u.s.a. and how vacancies are filled.
The Constitution affords the Business 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 duration, and residency requirements
Representatives:
- Must be at to the lowest degree 25 years erstwhile.
- Must be citizens for at least vii years.
- Are elected to a 2-year term.
- Must be residents of the states they represent.
Allocation of representatives based on population
Originally, the number of representatives was set at 1 per 30,000 inhabitants, just the representative count has since increased, equally the U.S. House of Representatives History, Fine art, and Archives website describes. The apportionment was to exist based on an enumeration (population census) that was to be made inside iii years of the Constitution being ratified (canonical) by the thirteen states, and so every 10 years thereafter.
The Apportionment Deed 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 nearly 710,000. The House of Representatives Archives states that the number of representatives was express to 435 because the U.Southward. population was growing faster in urban states than in rural ones, which gave large states a college 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 Business firm and Senate. The Library of Congress summarizes the operating rules of the Firm of Representatives:
- Only a numerical majority is required to pass legislation in the Business firm, which allows bills to be processed speedily. By contrast, Senate votes typically require a 3-fifths bulk, or 60 votes in favor.
- Bulk party leaders in the Business firm control the priority of diverse policies and determine which bills make their way 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
Commodity I, Section ii of the Constitution states that the House "shall take the sole ability 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, blackmail, or other high crimes and misdemeanors."
The Business firm determines whether to impeach and if an impeachment is chosen for; the Senate decides whether to convict and remove the official from office. This follows a pattern established in the British authorities 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 Office of the Senate
Article I, Section 3 of the Constitution calls for two senators from each country to be selected by a state's 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 by direct vote of the people rather than by state 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 every bit the upper bedchamber 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 30 years former, U.S. citizens for at least ix years, and residents of the states they'll stand for. Senate terms are for half dozen years; the terms are staggered and so that approximately a third of all senate seats are up for ballot every ii years. This is intended to protect the Senate from short-term political pressure and to ensure that turnover in the Senate occurs evenly, rather than having stasis for six years followed by upheaval.
Allocation of Senators: Ii per State
As the Senate website indicates, the reason the framers decided to allow each state to be represented by two senators was to prevent the large states from overpowering their smaller counterparts. Benjamin Franklin believed that states should take equal votes in all matters except those involving money. (Commodity I, Department 8 assigns to the Business firm 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 potency to set its own rules, just every bit the House does. The Senate website quotes George Washington as explaining to Thomas Jefferson that the framers intended the Senate to "cool" legislation passed by the House "but as a saucer is used to cool hot tea."
- In the Senate, individual senators accept more than options to slow the progress of a bill by making procedural requests, such every bit keeping flooring contend open on the matter at hand. This is intended to encourage deliberation, or the conscientious discussion and consideration, of issues.
- Bulk party leaders in the Senate propose the priority of items to be debated, but they must piece of work with minority party leaders — and often all senators — to determine the flooring agenda: the guild 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 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 laissez passer judgment on all impeachments
Senators are empowered to effort and judge impeachments; in this chapters, they serve under "oath or affirmation." In the case of a president's impeachment, the principal justice of the The states presides. An impeachment conviction requires a two-thirds bulk vote of the total Senate.
If the impeachment trial leads to a conviction, the penalization is removal from function and disqualification from "whatever role of accolade, trust or profit under the United States," according to Article I, Department 3. All the same, the impeached person is "liable and subject to indictment, trial, judgment and penalty, according to law."
Resource 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 Enquiry Service.
- The S. Capitol Visitor Heart features a written report guide that explains the difference between the House and Senate. It poses six questions almost the constitutional footing for the two houses of Congress and provides sample answers.
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U.S. House of Representatives: Roles and Responsibilities
The duties of the Firm of Representatives are stated in Commodity I, Sections seven and 8 of the Constitution. Yet, the powers granted to both houses of Congress are derived from Commodity I, Section ane, as the Legal Information Institute explains.
In the early on Supreme Courtroom case McCulloch v. Maryland, Primary Justice John Marshall wrote that the government is "one of enumerated powers," which means that it tin do but the powers that have been granted to it explicitly past the Constitution. Paired with this doctrine is the ruling that legislative powers may not be delegated to any other branch of government.
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 scope 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 Commodity I, Section 8.
This gives Congress the right to do whatsoever "means which are appropriate" to perform its ramble 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 regime assumes these powers are granted to information technology past inference based on prior Supreme Court decisions, every bit the Legal Dictionary 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 government so that it can exercise its enumerated powers. The Legal Information Plant gives as an instance the power to learn territory, which results from the enumerated powers to make war and treaties.
- Inherent powers are likewise 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 revenue enhancement cyberspace 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 have been used to broaden congressional authority over federal taxation and economical policy.
In improver, 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.S. war machine in overseas conflicts, as the House of Representatives Archive describes. For instance, in the period afterward Earth War II, presidents committed troops to the Dominican Democracy, Lao people's democratic republic, and Vietnam, amongst other countries, without requesting or receiving authorisation from Congress.
The House originates all revenue legislation
Commodity I, Section vii of the Constitution states that bills intended to heighten revenue must originate in the House. This is 1 of the major differences betwixt the House and Senate. The Senate is allowed to propose amendments to spending and taxing legislation, just as information technology tin with other bills sent to it from the Business firm.
Bills require just a numerical bulk vote
The decision of the framers to allow bills to pass the Firm after getting a unproblematic 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 upward of members of both parties, as the Congressional Research Service explains.
Majority party powers and prerogatives
The important part of political parties in the arrangement and functioning of the Business firm is described past the House of Representatives Annal. The majority party elects a speaker of the house and chooses other leadership positions, including the chair of all Business firm committees. There are more members of the House than of the Senate, so the majority party wields more than power in the lower chamber.
Ready policy calendar
The speaker of the house usually selects the House majority leader. The House majority leader is charged with formulating the political party's legislative calendar, as described by USHistory.org. The minority political party chooses a minority leader whose impact on the House policy agenda is much more limited.
Decide which legislation reaches the House floor
Among 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 exist debated and voted upon past 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 set bills for deliberation by all House members. The House of Representatives Athenaeum describes the three types of Firm 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 House 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 House 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 taxation and spend.
- The House of Representatives website explains the composition and functions of the Firm, including its leadership, committees, commissions, schedule, rules, and history.
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U.Southward. Senate: Roles and Responsibilities
Article I, Section 3 of the Constitution describes the bones composition, operation, and duties of the Senate, although the Constitution grants the Senate leeway in determining how it will acquit its business organisation. 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 authority from the Constitution. As described above for the Business firm, the Senate'southward powers are either enumerated, or expressly stated in the Constitution, or derived from the enumerated powers through the Commodity I, Section eight necessary and proper clause.
Only the Senate confirms presidential nominations and treaties
Article 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." However, 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 by the president by a two-thirds bulk vote. The Senate too has the power to modify a treaty's terms. (The president'south power to constitute executive agreements with other nations doesn't require Senate blessing.)
Senate rules and procedures encourage deliberation rather than speed
The Senate website explains that the framers modeled the upper chamber of Congress after early on state senates and the governor's councils of the Colonial era. To shield senators from curt-term political pressure, their terms were set at six years rather than the ii-year terms of House representatives.
The Senate was intended to act more deliberately than the Firm. This emphasizes the Senate'southward duty to advise on and consent to deportment taken in the House and by the executive co-operative of authorities. In this role, the framers expressed their "suspicion of the presidency" by allowing the Senate to serve as a check on executive powers. It also serves equally a check against the impulsiveness of the Firm.
Individual senators take significant procedural leverage
The standing rules of the Senate promote deliberation past allowing senators to "debate at length" and by requiring greater than a uncomplicated majority to end debate on a matter, every bit the Congressional Inquiry Service explains. The rules also permit Senators propose floor amendments to pending bills that are exterior of the subject field affair of the bills themselves. For example, the Real ID Act of 2005 passed as a "passenger": an additional provision to a armed services spending act that in its original version made no reference to traveler identification, as ThoughtCo explains.
The result is an unpredictable daily floor schedule for Senate business and the possibility that bills volition be proposed whose subjects haven't been researched or debated in commission. To bring some order 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.
Majority party powers and prerogatives
In add-on to the Senate majority leader's power to control debates on the Senate floor, the bulk party is granted other rights in the performance of the Senate.
Proposes items for consideration
The duties of the Senate majority leader include treatment all procedural matters that arise on the Senate flooring 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 preclude proposed bills from being passed.
Negotiates with the minority party to conduct Senate floor activeness
Virtually Senate actions require greater than a unproblematic bulk to laissez passer. Therefore, the majority party must work more closely with the Senate minority party than is typical in the House, which needs only a unproblematic bulk to approve measures. The Senate website describes the relationship between the bulk and minority parties in the Senate as "one of compromise and common forbearance" that's intended to preclude stalemates from arising on of import matters of legislation.
Chairs all committees
Similarly, members of the Senate majority political party are called to chair all committees. However, the nature of the Senate requires that the majority leaders of committees work with the ranking member of the minority political party to accomplish the committee's goals. The Senate website explains that the majority party controls nearly committee staff and resources, but the minority party retains a level of command based on its share of Senate seats.
Resource on Senate roles and responsibilities
- The Senate website details the establishment'southward history and functioning, including biographies of past senators, historical highlights, and a consummate chronology.
- The Library of Congress profiles current members of the Senate and explains the body's policies and procedures. The site links to agile legislation and floor activity, as well as 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 7 of the Constitution. USA.gov explains that anyone who has an idea for a new law is encouraged to contact their U.South. representative or senator to propose it. Withal, most bills originate in the offices of ane or more of their legislative sponsors.
Step i: The pecker is introduced in either the Business firm or the Senate
A bill can be introduced past a representative or a senator; that person becomes the nib'due south sponsor (notation that bills tin can accept multiple sponsors). Later meeting in small groups to discuss the beak's merits, representatives or senators assign the bill to a committee for further research, discussion, and potential amendments.
Step 2: The bill is debated and put to a vote
Once the bill is released by the committee, representatives or senators debate it and suggest amendments or other changes prior to putting the beak to a vote. After passing in the initial body (House or Senate), the pecker goes to the other body, where it's researched, discussed, and amended farther.
Later both chambers accept the bill, joint committees piece of work out the differences between the two versions. Both houses then vote on the verbal same bill. If the bill passes, it's sent to the president for approving.
Step three: 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 bill, it'southward signed into police. If the president rejects the bill, information technology'south returned to Congress with an explanation for the veto.
If Congress adjourns earlier the 10-solar day period for signing the pecker expires, the president tin can but choose not to sign the nib, and the bill won't become law. This is chosen a "pocket veto."
Step four: Congress may vote to override a presidential veto
Congress has the power to override a presidential veto by a two-thirds majority vote of both the Business firm and Senate. If the veto is overridden, the pecker becomes law. A pocket veto by the president tin't be overridden by Congress.
Resource on how a neb becomes law
- The Business firm 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 beak condign law in both the House and Senate, including committee activity, 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 by the three branches of government — legislative, executive, and judicial — were carefully balanced so that the duties of each co-operative were clear and no one branch would overpower the other two. The bicameral legislature that splits legislative duties between 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 state's history and persist today, the division of responsibilities and sharing of power have succeeded in keeping the wheels of government turning relatively finer more than than ii centuries subsequently the Constitution was written. While few ramble experts and political scholars would debate that the bicameral legislative system works perfectly, almost would agree that the formulation has stood the test of time.
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Additional Resource
The New York Times, "When the Firm and the Senate Are Controlled by Two Dissimilar Parties, Who Wins?"
U.South. Congress, "The Legislative Process: Overview"
U.S. National Archives, "The Constitution of the United States: A Transcription"
U.S. Senate, "Constitution of the U.s."
Vote Smart, "Government 101: Congress"
mixonvadvapegul1994.blogspot.com
Source: https://online.maryville.edu/blog/difference-between-house-and-senate/
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