When Comparing the House of Representatives and the Senate

Table of Contents

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

The U.South. Congress is often referred to every bit a single entity, but it's actually a combination of ii 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 land, the differences between the Firm and Senate ensure that each chamber in this bicameral ("two room") organization has distinct roles and responsibilities.

Together, the House and Senate form the legislative branch of regime. They interact with the executive and judicial branches to implement the checks and balances that keep all three branches functioning and prevent any single branch from abusing its power.

Commodity I of the U.S. Constitution: Difference Betwixt Firm and Senate

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

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

Article I, Section two: Composition and Role of the Business firm of Representatives

Article I of the Constitution specifies the powers, duties, and responsibilities of each of the 2 houses of Congress. It lays out the rules for qualifying as a representative, every bit well as the method by which the seats in the House of Representatives are assigned to usa and how vacancies are filled.

The Constitution affords the House — known equally the lower sleeping room 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 be at to the lowest degree 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 represent.

Allotment of representatives based on population

Originally, the number of representatives was prepare at 1 per thirty,000 inhabitants, only 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, 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 Demography, the boilerplate number of inhabitants in a congressional district is near 710,000. The Firm of Representatives Archives states that the number of representatives was limited to 435 considering the U.S. population was growing faster in urban states than in rural ones, which gave big states a higher proportion of representatives than smaller states.

Power to devise its own rules of performance

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

• Merely a numerical majority is required to pass legislation in the House, which allows bills to be processed quickly. Past dissimilarity, Senate votes typically require a three-fifths majority, or 60 votes in favor.
• Majority political party leaders in the Business firm control the priority of diverse policies and determine which bills brand their way to the House floor for debate. In the Senate, minority party leaders accept more influence over such procedures, and then the majority leaders must work more than closely with them.

Power of impeachment

Article I, Department two of the Constitution states that the House "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, blackmail, or other loftier 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 part. This follows a design established in the British government and American colonial governments dating dorsum to the 17th century, as the Senate website explains.

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

Article I, Section 3 of the Constitution calls for 2 senators from each land to be selected by a state'southward legislature to represent that state. However, the 17th Subpoena, approved in 1913, mandates the direct election of U.South. senators, which means that they're elected past direct vote of the people rather than past land legislators.

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

Historic period, citizenship, term duration, and residency requirements

The Constitution requires that senators exist at to the lowest degree 30 years onetime, U.S. citizens for at least nine years, and residents of u.s. they'll correspond. Senate terms are for six years; the terms are staggered so that approximately a third of all senate seats are upwards 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 vi years followed past upheaval.

Allocation of Senators: Two per State

Equally the Senate website indicates, the reason the framers decided to let each country to be represented past two senators was to prevent the large states from overpowering their smaller counterparts. Benjamin Franklin believed that states should have equal votes in all matters except those involving money. (Article I, Department eight 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 authority to prepare its own rules, only equally the Business firm 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 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 as keeping floor debate open on the matter at hand. This is intended to encourage deliberation, or the careful discussion and consideration, of problems.
• Majority party leaders in the Senate propose the priority of items to exist debated, merely they must work with minority party leaders — and often all senators — to determine the floor agenda: the order in which items are brought before the Senate.

Vice president equally president of the Senate

The Constitution makes the vice president the president of the Senate, but the vice president is allowed to vote simply 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 affirmation." In the case of a president'due south impeachment, the master justice of the United States presides. An impeachment conviction requires a ii-thirds bulk vote of the total Senate.

If the impeachment trial leads to a confidence, the punishment is removal from role and disqualification from "any role of laurels, trust or turn a profit under the U.s.a.," according to Article I, Section three. Nonetheless, the impeached person is "liable and subject to indictment, trial, judgment and punishment, according to police."

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

• Cornell Constabulary Schoolhouse's Legal Information Constitute offers a fully annotated version of the Constitution and an explanation of the Constitution compiled by the Congressional Inquiry Service.
• The South. Capitol Visitor Center features a study guide that explains the difference between the House and Senate. It poses half dozen questions about the constitutional basis 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 House of Representatives are stated in Commodity I, Sections 7 and viii of the Constitution. Nonetheless, the powers granted to both houses of Congress are derived from Article I, Section 1, as the Legal Information Institute explains.

In the early Supreme Court case McCulloch v. Maryland, Principal Justice John Marshall wrote that the regime is "one of enumerated powers," which means 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 any other branch of government.

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

Enumerated, implied, resulting, and inherent powers

Marshall'due south decision expanded the scope of the legislative powers enumerated in the Constitution by including the power to declare state of war, levy taxes, and regulate commerce. These powers are derived from the Constitution'southward necessary and proper clause in Commodity I, Department 8.

This gives Congress the correct to do any "means which are advisable" to perform its constitutional duties, unless those ways are inconsistent with "the alphabetic character and spirit of the Constitution."

• Unsaid 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, equally 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 regime and then that it can practise its enumerated powers. The Legal Information Institute gives as an case the power to acquire territory, which results from the enumerated powers to brand war and treaties.
• Inherent powers are also called unsaid powers, every bit the Constitution Annotated notes. They're powers that Congress possesses fifty-fifty though they've never been explicitly exercised. An example would exist the power to tax internet service providers.

Just congress may declare 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 eight of the Constitution. The taxing and spending clause and the commerce clause have been used to augment congressional say-so over federal tax and economic policy.

In add-on, Congress' war powers have created a lot of friction between the executive and legislative branches. For example, presidents have tried to aggrandize their power to appoint the U.S. military machine in overseas conflicts, every bit the House of Representatives Annal describes. For example, in the period after World State of war II, presidents committed troops to the Dominican Republic, Laos, 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 Firm. This is ane of the major differences between the House and Senate. The Senate is allowed to advise amendments to spending and taxing legislation, only equally information technology can with other bills sent to information technology from the House.

Bills require but a numerical majority vote

The decision of the framers to allow bills to pass the House after getting a uncomplicated majority of votes was motivated past the desire to allow legislation to be enacted quickly. The responsibility for assessing and developing bills belongs to continuing committees that are chaired by members of the bulk political party, but are made upward of members of both parties, equally the Congressional Research Service explains.

Majority party powers and prerogatives

The important function of political parties in the organisation and functioning of the House is described past the Firm of Representatives Annal. The majority party elects a speaker of the house and chooses other leadership positions, including the chair of all House committees. There are more than members of the Firm than of the Senate, so the bulk party wields more power in the lower bedroom.

Set policy agenda

The speaker of the house usually selects the House majority leader. The House majority leader is charged with formulating the political party'southward legislative agenda, as described by USHistory.org. The minority political party chooses a minority leader whose impact on the House policy calendar is much more limited.

Decide which legislation reaches the House flooring

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 be debated and voted upon by the unabridged body of representatives.

Chair all committees

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

• Standing committees are permanent; their jurisdiction is defined in the 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, normally to study specific matters rather than to consider a slice of legislation.

Resources on Firm of Representatives roles and responsibilities

• The legal site Justia details the powers that the Firm derives from the taxing and spending clause of Article I, Section eight, including the types of taxes permitted and limits imposed on the ability to tax 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.S. Senate: Roles and Responsibilities

Article I, Section 3 of the Constitution describes the basic composition, operation, and duties of the Senate, although the Constitution grants the Senate elbowroom in determining how it will conduct its business. The Senate website describes the powers and procedures of the legislative torso, 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. As described above for the House, the Senate'due south 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.

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 Court justices, and "other officers of the The states." However, the Constitution requires that nominations and appointments be fabricated "with the Communication and Consent of the Senate."

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

Senate rules and procedures encourage deliberation rather than speed

The Senate website explains that the framers modeled the upper chamber of Congress later early on state senates and the governor's councils of the Colonial era. To shield senators from short-term political pressure, their terms were set up at half-dozen years rather than the 2-twelvemonth terms of House representatives.

The Senate was intended to act more deliberately than the Business firm. This emphasizes the Senate'southward duty to advise on and consent to actions taken in the Firm and by the executive branch of government. In this office, the framers expressed their "suspicion of the presidency" by assuasive the Senate to serve equally a bank check on executive powers. It also serves every bit a bank check against the impulsiveness of the Firm.

Individual senators have significant procedural leverage

The standing rules of the Senate promote deliberation by allowing senators to "debate at length" and by requiring greater than a simple majority to end argue on a affair, equally the Congressional Research Service explains. The rules also let Senators propose flooring amendments to pending 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 armed forces 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 organisation and the possibility that bills volition be proposed whose subjects haven't been researched or debated in committee. To bring some lodge to Senate proceedings, the bulk leader is given priority in being recognized to speak and to suggest the bills and legislation that the body will consider.

Bulk party powers and prerogatives

In addition to the Senate majority leader's ability to control debates on the Senate floor, the majority 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 flooring and informing members of the majority party nearly the content, implications, and status of all awaiting legislation. In collaboration with Senate commission chairs, the bulk leader addresses whatever conflicts that may prevent proposed bills from beingness passed.

Negotiates with the minority political party to bear Senate floor action

Near Senate actions require greater than a unproblematic majority to laissez passer. Therefore, the majority party must work more closely with the Senate minority party than is typical in the Firm, which needs just a simple majority to corroborate measures. The Senate website describes the relationship between the majority and minority parties in the Senate as "one of compromise and mutual forbearance" that'southward intended to forestall stalemates from arising on important matters of legislation.

Chairs all committees

Similarly, members of the Senate majority party are chosen to chair all committees. However, the nature of the Senate requires that the majority leaders of committees work with the ranking fellow member of the minority political party to reach the committee's goals. The Senate website explains that the majority political party controls about committee staff and resources, simply 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 institution'southward history and functioning, including biographies of past senators, historical highlights, and a complete chronology.
• The Library of Congress profiles current members of the Senate and explains the torso'southward policies and procedures. The site links to active legislation and floor activity, equally well as specific committees, leadership, and officers.

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How a bill becomes constabulary

The process that Congress must follow to enact legislation is described in Commodity 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 suggest it. All the same, most bills originate in the offices of one or more than of their legislative sponsors.

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

A bill can be introduced by a representative or a senator; that person becomes the bill'due south sponsor (notation that bills tin can have multiple sponsors). After meeting in modest groups to discuss the bill's merits, representatives or senators assign the neb to a committee for further inquiry, discussion, and potential amendments.

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

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

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

Footstep 3: The president considers the bill

The president has 10 days to sign or veto bills that Congress sends to the White House for approval. (A presidential veto prevents the legislation from taking outcome.) If the president approves the pecker, information technology'due south signed into law. If the president rejects the bill, it's returned to Congress with an explanation for the veto.

If Congress adjourns before the ten-day flow for signing the bill expires, the president can just choose not to sign the neb, and the bill won't get constabulary. This is called a "pocket veto."

Pace 4: 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 House and Senate. If the veto is overridden, the bill becomes constabulary. A pocket veto by the president tin't be overridden by Congress.

Resources on how a bill becomes law

• The 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 stride in the procedure of a bill becoming police in both the Firm and Senate, including committee activeness, floor activity, conference committees, and presidential review.

Decision: How Their Differences Make the Firm and Senate Stronger

The framers of the Constitution worked advisedly to ensure that the powers wielded by the three branches of government —  legislative, executive, and judicial — were advisedly counterbalanced so that the duties of each branch were clear and no i co-operative would overpower the other two. The bicameral legislature that splits legislative duties between a large House of Representatives and a smaller Senate is a primal component of the framers' ability-sharing strategy.

Despite struggles and challenges that arose early in our country's history and persist today, the division of responsibilities and sharing of ability accept succeeded in keeping the wheels of government turning relatively effectively more than 2 centuries after the Constitution was written. While few ramble experts and political scholars would argue that the bicameral legislative system works perfectly, virtually would agree that the formulation has stood the test of time.

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Additional Resource

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

U.S. 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.a."

Vote Smart, "Government 101: Congress"

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

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