Is a Governor in the House of Representatives


Tabular array of Contents

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

The U.Southward. Congress is often referred to as a single entity, but 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 propose and enact the laws that govern our country, the differences between the House and Senate ensure that each chamber in this bicameral ("two room") system has distinct roles and responsibilities.

The U.S. Capitol building's east facade is shown with the U.S. flag flying in front of it.

Together, the Business 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 operation and preclude whatsoever single co-operative from abusing its power.

Commodity 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 Wedlock from being 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 Heart 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 ii per state. The Slap-up Compromise (or Connecticut Compromise) gives each state equal representation in the Senate while ensuring equal representation per denizen in the Business firm.

Article I, Section two: Limerick and Function of the Firm of Representatives

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

The Constitution affords the Business firm — known equally the lower bedchamber considering it has more members than the Senate — much elbowroom in deciding how it will operate.

Historic period, citizenship, term duration, and residency requirements

Representatives:

  • Must be at least 25 years erstwhile.
  • Must be citizens for at least seven years.
  • Are elected to a 2-year term.
  • Must be residents of the states they represent.

Allotment of representatives based on population

Originally, the number of representatives was gear up at ane per thirty,000 inhabitants, but the representative count has since increased, as the U.S. 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 existence ratified (approved) past the 13 states, and then every 10 years thereafter.

The Apportionment Deed of 1911 and its successor, the Permanent Apportionment Human action of 1929, capped the number of representatives at 435. For this reason, every bit of the 2010 Demography, 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 limited to 435 because the U.Southward. population was growing faster in urban states than in rural ones, which gave large states a higher proportion of representatives than smaller states.

Power to devise its own rules of operation

The Constitution allows each firm of Congress to gear up 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 laissez passer legislation in the House, which allows bills to be candy rapidly. By contrast, Senate votes typically crave a three-fifths majority, or 60 votes in favor.
  • Majority party leaders in the Firm control the priority of various policies and determine which bills make their manner to the House floor for fence. In the Senate, minority party leaders have more influence over such procedures, so the majority leaders must work more than closely with them.

Power of impeachment

Article I, Section 2 of the Constitution states that the House "shall take 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 loftier crimes and misdemeanors."

The House determines whether to impeach and if an impeachment is called for; the Senate decides whether to captive and remove the official from office. This follows a blueprint 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, Department 3: Limerick and Function of the Senate

Commodity I, Section three of the Constitution calls for two senators from each state to exist selected by a land's legislature to stand for that state. However, the 17th Subpoena, canonical in 1913, mandates the direct ballot of U.S. senators, which ways that they're elected by directly vote of the people rather than by state legislators.

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

Age, citizenship, term duration, and residency requirements

The Constitution requires that senators be at to the lowest degree 30 years old, U.Due south. citizens for at to the lowest degree nine 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 2 years. This is intended to protect the Senate from brusque-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: Two per State

As the Senate website indicates, the reason the framers decided to allow each state to be represented past 2 senators was to foreclose the large states from overpowering their smaller counterparts. Benjamin Franklin believed that states should take equal votes in all matters except those involving coin. (Commodity I, Section eight assigns to the House the power to tax and spend; this clause is described in the post-obit section.)

Ability to devise its ain rules of operation

The Senate has the ramble authorization to set its own rules, only equally the House does. The Senate website quotes George Washington every bit explaining to Thomas Jefferson that the framers intended the Senate to "absurd" legislation passed by the House "just as a saucer is used to absurd hot tea."

  • In the Senate, individual senators have more options to irksome the progress of a nib by making procedural requests, such as keeping floor argue open on the matter at hand. This is intended to encourage deliberation, or the careful give-and-take and consideration, of issues.
  • Bulk party leaders in the Senate advise the priority of items to be debated, but they must piece of work with minority political 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, merely the vice president is allowed to vote merely to break a tie. The Senate is empowered to choose its ain 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 try and judge impeachments; in this capacity, they serve under "oath or affirmation." In the case of a president's impeachment, the principal justice of the United states of america presides. An impeachment confidence requires a two-thirds bulk vote of the full Senate.

If the impeachment trial leads to a conviction, the punishment is removal from part and disqualification from "any office of honor, trust or profit under the United States," according to Commodity I, Section 3. Nonetheless, the impeached person is "liable and bailiwick to indictment, trial, judgment and penalization, according to constabulary."

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

  • Cornell Constabulary School's Legal Information Institute offers a fully annotated version of the Constitution and an explanation of the Constitution compiled past the Congressional Research Service.
  • The S. Capitol Visitor Heart features a study guide that explains the difference between the Firm 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.South. House of Representatives: Roles and Responsibilities

The duties of the Business firm of Representatives are stated in Article I, Sections seven and 8 of the Constitution. Still, the powers granted to both houses of Congress are derived from Article I, Section 1, as the Legal Information Found explains.

In the early Supreme Court case McCulloch v. Maryland, Main Justice John Marshall wrote that the regime is "i of enumerated powers," which means that it tin practise simply 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 whatsoever other branch of government.

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

Enumerated, unsaid, resulting, and inherent powers

Marshall'southward conclusion expanded the scope of the legislative powers enumerated in the Constitution by including the power to declare war, levy taxes, and regulate commerce. These powers are derived from the Constitution's necessary and proper clause in Article I, Department eight.

This gives Congress the right to exercise whatever "means which are appropriate" to perform its constitutional duties, unless those means 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 information technology by 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 regime so that it can exercise its enumerated powers. The Legal Data Found gives equally an example the power to acquire territory, which results from the enumerated powers to make war and treaties.
  • Inherent powers are also called 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 ability 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 Commodity I, Section 8 of the Constitution. The taxing and spending clause and the commerce clause take been used to broaden congressional dominance over federal revenue enhancement 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 ability to appoint the U.S. military in overseas conflicts, as the House of Representatives Archive describes. For example, in the period afterwards 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 acquirement legislation

Commodity I, Section 7 of the Constitution states that bills intended to raise revenue must originate in the Business firm. This is 1 of the major differences between the Business firm and Senate. The Senate is allowed to propose amendments to spending and taxing legislation, just every bit it can with other bills sent to information technology from the House.

Bills crave simply a numerical majority vote

The conclusion of the framers to permit bills to pass the Business firm after getting a simple 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 fabricated up of members of both parties, every bit the Congressional Research Service explains.

Bulk party powers and prerogatives

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

Prepare policy agenda

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

Decide which legislation reaches the House floor

Among the duties of the speaker of the house are presiding over all 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 torso 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 party to set up bills for deliberation past all House members. The House of Representatives Athenaeum describes the three types of House committees:

  • Continuing committees are permanent; their jurisdiction is defined in the House rules.
  • Select committees are temporary; they're created past 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.

Resource 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 viii, 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 Firm, including its leadership, committees, commissions, schedule, rules, and history.

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U.Due south. Senate: Roles and Responsibilities

Article I, Section iii 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 acquit 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 authority from the Constitution. As described above for the Firm, the Senate's powers are either enumerated, or expressly stated in the Constitution, or derived from the enumerated powers through the Article I, Section eight necessary and proper clause.

Just the Senate confirms presidential nominations and treaties

Article Two, Department 2 of the Constitution grants the president power to nominate and appoint ambassadors, Supreme Court justices, and "other officers of the U.s.." Even so, the Constitution requires that nominations and appointments exist made "with the Advice and Consent of the Senate."

Similarly, the Senate is empowered to corroborate treaties proposed by the president by a two-thirds bulk vote. The Senate too has the power to change a treaty's terms. (The president's ability to plant 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 after early state senates and the governor's councils of the Colonial era. To shield senators from short-term political pressure level, their terms were prepare at six years rather than the ii-yr terms of Firm representatives.

The Senate was intended to act more deliberately than the House. This emphasizes the Senate'due south duty to advise on and consent to deportment taken in the Firm and by the executive branch of regime. In this function, the framers expressed their "suspicion of the presidency" past allowing the Senate to serve equally a check on executive powers. It also serves as a bank check against the impulsiveness of the House.

Individual senators have significant procedural leverage

The standing rules of the Senate promote deliberation past allowing senators to "contend at length" and by requiring greater than a elementary majority to end debate on a matter, as the Congressional Inquiry Service explains. The rules as well permit Senators propose floor amendments to pending bills that are exterior of the subject affair of the bills themselves. For example, the Real ID Deed of 2005 passed as a "rider": an additional provision to a military spending act that in its original version made no reference to traveler identification, as ThoughtCo explains.

The upshot is an unpredictable daily floor schedule for Senate business and the possibility that bills will be proposed whose subjects haven't been researched or debated in committee. To bring some society to Senate proceedings, the bulk leader is given priority in being recognized to speak and to propose the bills and legislation that the body will consider.

Majority party powers and prerogatives

In addition to the Senate bulk 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 any conflicts that may prevent proposed bills from being passed.

Negotiates with the minority party to conduct Senate floor activeness

Nigh Senate actions require greater than a simple majority to pass. Therefore, the bulk party must work more closely with the Senate minority party than is typical in the Firm, which needs only a uncomplicated majority to corroborate measures. The Senate website describes the relationship between the bulk and minority parties in the Senate every bit "one of compromise and mutual abstinence" that's intended to prevent 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. Notwithstanding, the nature of the Senate requires that the majority leaders of committees work with the ranking member of the minority party to achieve the committee'due south goals. The Senate website explains that the majority party controls about committee staff and resources, 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 institution's history and operation, including biographies of by senators, historical highlights, and a complete chronology.
  • The Library of Congress profiles current members of the Senate and explains the body's policies and procedures. The site links to active legislation and floor action, as well as specific committees, leadership, and officers.

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How a beak becomes police force

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

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

A neb tin can exist introduced by a representative or a senator; that person becomes the beak's sponsor (annotation that bills can accept multiple sponsors). After meeting in small groups to discuss the beak'south merits, representatives or senators assign the bill to a committee for further enquiry, discussion, and potential amendments.

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

One time the pecker is released by the committee, representatives or senators debate it and propose amendments or other changes prior to putting the bill to a vote. After passing in the initial trunk (House or Senate), the beak goes to the other trunk, where it's researched, discussed, and amended farther.

After both chambers accept the bill, joint committees work out the differences between the 2 versions. Both houses and then vote on the exact same bill. If the nib passes, it's sent to the president for approval.

Footstep iii: 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 effect.) If the president approves the bill, information technology's signed into police. If the president rejects the neb, it's returned to Congress with an explanation for the veto.

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

Footstep four: Congress may vote to override a presidential veto

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

Resources on how a neb becomes police

  • The House of Representatives website explains the legislative procedure, including how bills and resolutions are proposed, introduced, amended, debated, voted on, and enacted.
  • Vote Smart examines each step in the process of a pecker becoming law in both the Business firm and Senate, including commission action, floor action, briefing committees, and presidential review.

Conclusion: How Their Differences Brand the House and Senate Stronger

The framers of the Constitution worked carefully to ensure that the powers wielded past the three branches of regime —  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 ii. The bicameral legislature that splits legislative duties between a big 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 division of responsibilities and sharing of power have succeeded in keeping the wheels of regime turning relatively effectively more than than two centuries later on the Constitution was written. While few constitutional experts and political scholars would argue that the bicameral legislative organisation works perfectly, about would hold 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 2 Different Parties, Who Wins?"

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

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

U.S. Senate, "Constitution of the United states of america"

Vote Smart, "Government 101: Congress"

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

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