What Is Representation in the House of Representatives Based on

Table of Contents

1. Departure Between Business firm and Senate
2. House: Roles and Responsibilities
3. Senate: Roles and Responsibilities
4. How a Bill Becomes Police force
5. How Their Differences Make the Firm and Senate Stronger

The U.S. Congress is ofttimes referred to as a single entity, just information technology's actually a combination of two singled-out groups: the House of Representatives and the Senate. While both houses of Congress work together to advise and enact the laws that govern our country, the differences between the House and Senate ensure that each chamber in this bicameral ("ii room") organisation has singled-out roles and responsibilities.

Together, the Firm 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 functioning and prevent whatever single co-operative from abusing its power.

Article I of the U.S. Constitution: Difference Between Firm and Senate

The framers of the Constitution knew that it was important to protect the smaller states of the newly formed Union from existence overshadowed by their more populous counterparts. They hoped that by dividing legislative power betwixt 2 houses, they'd be able to ensure equal representation for residents of all states, as the U.Due south. Capitol Visitor Center explains.

At the Ramble Convention of 1787, delegates from Connecticut proposed that the seats in the House be assigned based on population, while the seats in the Senate exist assigned 2 per state. The Bully Compromise (or Connecticut Compromise) gives each state equal representation in the Senate while ensuring equal representation per citizen in the House.

Article I, Section 2: Limerick 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 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 House — known as the lower chamber because it has more members than the Senate — much leeway in deciding how it will operate.

Age, citizenship, term elapsing, and residency requirements

Representatives:

• Must exist at to the lowest degree 25 years old.
• Must be citizens for at least 7 years.
• Are elected to a two-yr term.
• Must be residents of the states they stand for.

Allotment of representatives based on population

Originally, the number of representatives was ready at 1 per 30,000 inhabitants, but the representative count has since increased, as the U.Due 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 within three years of the Constitution beingness ratified (approved) by the 13 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, equally of the 2010 Census, the average number of inhabitants in a congressional commune is about 710,000. The Firm of Representatives Archives states that the number of representatives was express to 435 considering 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 ain rules of operation

The Constitution allows each business firm of Congress to gear up its ain 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 House of Representatives:

• Just a numerical bulk is required to laissez passer legislation in the House, which allows bills to be processed speedily. By contrast, Senate votes typically require a 3-fifths majority, or sixty votes in favor.
• Majority party leaders in the House control the priority of various policies and determine which bills brand their fashion to the Business firm floor for debate. In the Senate, minority party leaders have more influence over such procedures, and so the majority leaders must work more closely with them.

Ability of impeachment

Article I, Section two of the Constitution states that the Firm "shall take 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 Firm determines whether to impeach and if an impeachment is called for; the Senate decides whether to convict and remove the official from function. This follows a pattern established in the British regime and American colonial governments dating dorsum to the 17th century, as the Senate website explains.

Back To Acme

Article I, Section three: Limerick and Function of the Senate

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

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

Age, citizenship, term duration, and residency requirements

The Constitution requires that senators exist at least xxx years former, U.Due south. citizens for at least ix years, and residents of the states they'll represent. Senate terms are for six years; the terms are staggered so that approximately a third of all senate seats are up for election every two 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 6 years followed by upheaval.

Allocation of Senators: Ii per State

Every bit the Senate website indicates, the reason the framers decided to allow each land to be represented past 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 coin. (Article I, Department 8 assigns to the House the power to tax and spend; this clause is described in the following section.)

Ability to devise its own rules of operation

The Senate has the constitutional authorization to ready its ain rules, but equally 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 "just every bit a saucer is used to cool hot tea."

• In the Senate, individual senators have more options to deadening the progress of a neb by making procedural requests, such as keeping floor fence open on the matter at hand. This is intended to encourage deliberation, or the careful give-and-take and consideration, of issues.
• Majority party leaders in the Senate suggest the priority of items to be debated, only they must work with minority party leaders — and often all senators — to make up one's mind the flooring 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, only the vice president is immune to vote only to break a tie. The Senate is empowered to cull its ain 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 "adjuration or affidavit." In the case of a president's impeachment, the principal justice of the United States presides. An impeachment conviction requires a two-thirds majority vote of the total Senate.

If the impeachment trial leads to a conviction, the penalisation is removal from part and disqualification from "any part of laurels, trust or profit under the United States," co-ordinate to Commodity I, Section 3. However, the impeached person is "liable and subject to indictment, trial, judgment and punishment, according to law."

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

• Cornell Police force School's Legal Information Institute offers a fully annotated version of the Constitution and an explanation of the Constitution compiled by the Congressional Inquiry Service.
• The S. Capitol Company Center features a study guide that explains the divergence between the House and Senate. Information technology poses six questions well-nigh the ramble ground for the two houses of Congress and provides sample answers.

Back To Superlative

U.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, Section 1, every bit the Legal Information Institute explains.

In the early Supreme Court instance McCulloch five. Maryland, Chief Justice John Marshall wrote that the government is "one of enumerated powers," which means that information technology can exercise simply 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 co-operative 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 determination 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 eight.

This gives Congress the correct to exercise any "means which are appropriate" to perform its constitutional 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, only the government assumes these powers are granted to it past inference based on prior Supreme Court decisions, as 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 practice its enumerated powers. The Legal Data Institute gives equally an instance the power to acquire territory, which results from the enumerated powers to make war and treaties.
• Inherent powers are also 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 exist the power to tax internet service providers.

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

The power to declare state of war, levy taxes, and regulate commerce are among the congressional powers enumerated in Article I, Section viii of the Constitution. The taxing and spending clause and the commerce clause have been used to augment congressional potency over federal tax 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.South. military in overseas conflicts, as the House of Representatives Archive describes. For example, in the period subsequently World War II, presidents committed troops to the Dominican Republic, Lao people's democratic republic, and Vietnam, among other countries, without requesting or receiving authorization from Congress.

The House originates all revenue legislation

Article I, Section vii 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 Business firm and Senate. The Senate is allowed to propose amendments to spending and taxing legislation, only every bit it can with other bills sent to it from the House.

Bills require only a numerical majority vote

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

Majority party powers and prerogatives

The important role of political parties in the arrangement and operation of the House is described by the House of Representatives Annal. The majority party elects a speaker of the business firm and chooses other leadership positions, including the chair of all House committees. There are more members of the House than of the Senate, and then the majority party wields more power in the lower sleeping accommodation.

Set policy agenda

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

Determine which legislation reaches the House floor

Amongst the duties of the speaker of the house are presiding over all Business firm proceedings, determining which bills go 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 House committees, they must piece of work with the ranking member of the minority party to prepare bills for deliberation past all Firm members. The Firm of Representatives Athenaeum describes the 3 types of Firm committees:

• Standing committees are permanent; their jurisdiction is divers 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 Firm 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 Commodity I, Department 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.

Back To Tiptop

U.S. Senate: Roles and Responsibilities

Article I, Department 3 of the Constitution describes the basic limerick, performance, and duties of the Senate, although the Constitution grants the Senate leeway in determining how information technology will conduct its business. 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. Equally described above for the Business firm, the Senate's powers are either enumerated, or expressly stated in the Constitution, or derived from the enumerated powers through the Article I, Department viii necessary and proper clause.

Merely 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 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 approve treaties proposed by the president by a ii-thirds majority vote. The Senate as well has the power to modify a treaty'south terms. (The president'south ability to institute 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 chamber of Congress later early country senates and the governor'southward councils of the Colonial era. To shield senators from short-term political pressure, their terms were prepare at six years rather than the two-yr terms of House representatives.

The Senate was intended to human activity more deliberately than the Business firm. This emphasizes the Senate'southward duty to advise on and consent to actions taken in the Business firm and by the executive branch of government. In this office, the framers expressed their "suspicion of the presidency" past allowing the Senate to serve as a check on executive powers. Information technology besides serves equally a check against the impulsiveness of the House.

Private senators have meaning procedural leverage

The standing rules of the Senate promote deliberation by assuasive senators to "debate at length" and by requiring greater than a simple majority to end argue on a affair, as the Congressional Research Service explains. The rules also let Senators propose floor amendments to pending bills that are outside of the subject affair of the bills themselves. For example, the Existent ID Act of 2005 passed as a "rider": an additional provision to a military machine spending act that in its original version fabricated no reference to traveler identification, as ThoughtCo explains.

The result is an unpredictable daily floor schedule for Senate business concern and the possibility that bills will be 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 propose the bills and legislation that the body volition consider.

Majority party powers and prerogatives

In addition to the Senate bulk leader's power to control debates on the Senate floor, the bulk political party is granted other rights in the functioning of the Senate.

Proposes items for consideration

The duties of the Senate bulk leader include handling all procedural matters that arise on the Senate floor and informing members of the majority party virtually the content, implications, and condition 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 party to conduct Senate floor activity

Most Senate actions require greater than a uncomplicated majority to pass. Therefore, the majority party must work more than closely with the Senate minority party than is typical in the Firm, 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 "one of compromise and common forbearance" that'due south intended to forestall stalemates from arising on important 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'southward goals. The Senate website explains that the majority political party controls most commission staff and resource, just 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 establishment'south 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 body'southward policies and procedures. The site links to active legislation and floor activity, besides as specific committees, leadership, and officers.

Back To Height

How a nib becomes police

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

Step one: The bill is introduced in either the House or the Senate

A neb can be introduced by a representative or a senator; that person becomes the bill's sponsor (annotation that bills can accept multiple sponsors). After coming together in small groups to discuss the bill's claim, representatives or senators assign the bill to a committee for further research, discussion, and potential amendments.

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

Once the neb is released by the commission, representatives or senators debate it and propose amendments or other changes prior to putting the bill to a vote. Later passing in the initial body (House or Senate), the bill goes to the other body, where it'south researched, discussed, and amended farther.

Later both chambers accept the neb, joint committees work out the differences between the two versions. Both houses then vote on the exact same bill. If the beak passes, it's sent to the president for approval.

Step iii: The president considers the bill

The president has ten days to sign or veto bills that Congress sends to the White House for approving. (A presidential veto prevents the legislation from taking effect.) If the president approves the bill, it'south 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 period for signing the beak expires, the president can simply choose not to sign the bill, and the bill won't become police. This is called a "pocket veto."

Step 4: Congress may vote to override a presidential veto

Congress has the ability to override a presidential veto by a 2-thirds majority vote of both the Business firm and Senate. If the veto is overridden, the beak becomes law. A pocket veto by the president tin't be overridden by Congress.

Resource on how a bill becomes police force

• The Firm 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 footstep in the process of a bill becoming law in both the House and Senate, including committee action, floor action, conference committees, and presidential review.

Determination: How Their Differences Brand the Business firm and Senate Stronger

The framers of the Constitution worked carefully to ensure that the powers wielded by the three branches of authorities —  legislative, executive, and judicial — were advisedly balanced and then that the duties of each co-operative were clear and no one branch would overpower the other ii. The bicameral legislature that splits legislative duties between a large 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 country's history and persist today, the division of responsibilities and sharing of power have succeeded in keeping the wheels of government turning relatively effectively more than than two centuries later the Constitution was written. While few constitutional experts and political scholars would argue that the bicameral legislative system works perfectly, most would agree that the formulation has stood the test of time.

Back To Top

Additional Resources

The New York Times, "When the House and the Senate Are Controlled past 2 Different Parties, Who Wins?"

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

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

U.Due south. Senate, "Constitution of the Us"

Vote Smart, "Government 101: Congress"

kuhnwomers1988.blogspot.com

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

Share this post