Are the House of Representatives and the Senate Federal Employees

Table of Contents

1. Difference 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.S. Congress is often referred to as a unmarried entity, but information technology's actually a combination of two singled-out groups: the Business firm of Representatives and the Senate. While both houses of Congress work together to suggest and enact the laws that govern our country, the differences betwixt the Business firm and Senate ensure that each sleeping room in this bicameral ("two room") organisation has distinct roles and responsibilities.

Together, the Business firm and Senate form the legislative co-operative of government. They collaborate with the executive and judicial branches to implement the checks and balances that keep all three branches functioning and prevent whatsoever single co-operative from abusing its ability.

Article I of the U.Due south. Constitution: Difference Between House and Senate

The framers of the Constitution knew that information technology was of import to protect the smaller states of the newly formed Spousal relationship from being overshadowed by their more than populous counterparts. They hoped that by dividing legislative ability between ii 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 exist assigned based on population, while the seats in the Senate exist assigned two per country. The Neat Compromise (or Connecticut Compromise) gives each state equal representation in the Senate while ensuring equal representation per denizen in the Firm.

Article I, Section two: Composition 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, equally well equally 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 House — known every bit 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 exist at least 25 years old.
• Must be citizens for at least seven years.
• Are elected to a two-year term.
• Must be residents of the states they represent.

Allotment of representatives based on population

Originally, the number of representatives was set at ane per 30,000 inhabitants, but the representative count has since increased, equally the U.Due south. Business firm of Representatives History, Art, and Athenaeum website describes. The circulation was to be based on an enumeration (population census) that was to be made within three years of the Constitution beingness ratified (approved) past the xiii states, so 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, as of the 2010 Demography, the average number of inhabitants in a congressional district is near 710,000. The House of Representatives Athenaeum states that the number of representatives was limited to 435 because the U.Due south. population was growing faster in urban states than in rural ones, which gave large states a higher proportion of representatives than smaller states.

Ability to devise its own rules of operation

The Constitution allows each business firm of Congress to set up 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 Business firm of Representatives:

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

Power of impeachment

Commodity I, Department 2 of the Constitution states that the Business firm "shall have the sole power of impeachment." This power applies to the offices of president, vice president, federal judges, and other federal officers, equally 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 convict and remove the official from office. This follows a pattern established in the British government 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 Role of the Senate

Article I, Section iii of the Constitution calls for ii senators from each state to be selected by a state's legislature to represent that country. Still, the 17th Amendment, approved in 1913, mandates the direct election of U.South. senators, which means that they're elected past straight vote of the people rather than by state legislators.

As the Senate website explains, the subpoena was in response to corruption and other issues that prevented state legislatures from choosing U.S. senators. The Senate is known equally the upper chamber of Congress because information technology has fewer members than the Firm.

Age, citizenship, term duration, and residency requirements

The Constitution requires that senators be at least xxx years old, U.S. citizens for at least nine years, and residents of the states they'll stand for. Senate terms are for six 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.

Allotment of Senators: 2 per State

Equally 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 have equal votes in all matters except those involving money. (Commodity I, Section viii assigns to the Firm the power to tax and spend; this clause is described in the following section.)

Power to devise its own rules of operation

The Senate has the constitutional authority to set its ain rules, just as 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 Firm "just as a saucer is used to cool hot tea."

• In the Senate, individual senators have more options to dull the progress of a nib by making procedural requests, such as keeping flooring debate 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 propose the priority of items to be debated, but they must work with minority party leaders — and often all senators — to make up one's mind the floor agenda: the society in which items are brought before the Senate.

Vice president every bit 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 interruption a tie. The Senate is empowered to choose its own officers and president pro tempore to preside over the Senate when the vice president is unavailable.

Ability to try and pass judgment on all impeachments

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

If the impeachment trial leads to a confidence, the punishment is removal from office and disqualification from "any role of accolade, trust or profit under the U.s.," according to Article I, Section 3. However, the impeached person is "liable and subject to indictment, trial, judgment and penalisation, according to law."

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

• Cornell Police Schoolhouse'due south Legal Data Institute offers a fully annotated version of the Constitution and an caption of the Constitution compiled by the Congressional Inquiry Service.
• The S. Capitol Visitor Heart features a study guide that explains the difference betwixt the Firm and Senate. It poses half dozen questions about the ramble 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 Firm of Representatives are stated in Article I, Sections 7 and 8 of the Constitution. Nonetheless, the powers granted to both houses of Congress are derived from Article I, Section 1, as the Legal Data Institute explains.

In the early Supreme Court case McCulloch five. Maryland, Chief Justice John Marshall wrote that the government is "ane of enumerated powers," which means that it tin can exercise just the powers that have been granted to it explicitly by the Constitution. Paired with this doctrine is the ruling that legislative powers may non be delegated to whatever other branch of regime.

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

Enumerated, implied, resulting, and inherent powers

Marshall'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's necessary and proper clause in Article I, Department 8.

This gives Congress the right to practice whatever "ways which are advisable" to perform its constitutional duties, unless those means are inconsistent with "the letter and spirit of the Constitution."

• Implied powers are those that aren't explicitly stipulated in the Constitution, merely the regime assumes these powers are granted to information technology by inference based on prior Supreme Court decisions, as 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 government so that it can practise its enumerated powers. The Legal Information Institute gives equally an instance the power to learn territory, which results from the enumerated powers to brand war and treaties.
• Inherent powers are besides called implied powers, equally the Constitution Annotated notes. They're powers that Congress possesses even though they've never been explicitly exercised. An instance would be the power to tax internet service providers.

Only 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 8 of the Constitution. The taxing and spending clause and the commerce clause have been used to broaden congressional say-so over federal tax and economical policy.

In addition, Congress' state of war powers accept created a lot of friction betwixt the executive and legislative branches. For example, presidents have tried to expand their power to engage the U.S. military in overseas conflicts, as the House of Representatives Archive describes. For example, in the period after Earth 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

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

Bills crave but a numerical majority vote

The decision of the framers to allow bills to pass the Business firm after getting a simple bulk of votes was motivated by the desire to allow legislation to exist enacted speedily. The responsibility for assessing and developing bills belongs to standing committees that are chaired by members of the bulk party, but are fabricated upwards of members of both parties, equally the Congressional Research Service explains.

Majority party powers and prerogatives

The important role of political parties in the organisation and performance 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. At that place are more members of the House than of the Senate, so the majority political party wields more than ability in the lower chamber.

Set policy agenda

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

Determine which legislation reaches the Business firm floor

Amidst the duties of the speaker of the house are presiding over all Firm proceedings, determining which bills get to which committees, influencing committee assignments for new House members, and deciding the priorities for bills to exist debated and voted upon by the entire body of representatives.

Chair all committees

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

• Standing committees are permanent; their jurisdiction is defined in the Business firm rules.
• Select committees are temporary; they're created by resolution and charged with conducting investigations or researching specific topics.
• Joint committees include members from the House and Senate, usually to study specific matters rather than to consider a slice of legislation.

Resources on House of Representatives roles and responsibilities

• The legal site Justia details the powers that the House derives from the taxing and spending clause of Article I, Section 8, including the types of taxes permitted and limits imposed on the power to tax and spend.
• The House of Representatives website explains the limerick and functions of the House, including its leadership, committees, commissions, schedule, rules, and history.

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U.S. Senate: Roles and Responsibilities

Article I, Department 3 of the Constitution describes the basic composition, operation, and duties of the Senate, although the Constitution grants the Senate leeway in determining how information technology will bear its business. The Senate website describes the powers and procedures of the legislative trunk, 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 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 8 necessary and proper clause.

Merely 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 The states." Notwithstanding, the Constitution requires that nominations and appointments be made "with the Communication and Consent of the Senate."

Similarly, the Senate is empowered to approve treaties proposed by the president by a two-thirds majority vote. The Senate too has the power to change a treaty's terms. (The president's ability to establish executive agreements with other nations doesn't require Senate approval.)

Senate rules and procedures encourage deliberation rather than speed

The Senate website explains that the framers modeled the upper bedchamber of Congress after early state senates and the governor's councils of the Colonial era. To shield senators from short-term political force per unit area, their terms were ready at six years rather than the two-twelvemonth terms of House representatives.

The Senate was intended to act more deliberately than the House. This emphasizes the Senate'south duty to advise on and consent to actions taken in the House and by the executive branch of government. 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 as a bank check confronting the impulsiveness of the Business firm.

Individual senators have pregnant procedural leverage

The standing rules of the Senate promote deliberation past allowing senators to "debate at length" and by requiring greater than a simple majority to end debate on a matter, every bit the Congressional Inquiry Service explains. The rules also permit Senators propose flooring amendments to pending bills that are exterior of the subject matter of the bills themselves. For example, the Existent ID Act of 2005 passed as a "rider": an boosted provision to a military spending act that in its original version fabricated no reference to traveler identification, as ThoughtCo explains.

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

Bulk party powers and prerogatives

In addition to the Senate majority leader'due south power to control debates on the Senate flooring, 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 almost the content, implications, and condition of all pending legislation. In collaboration with Senate committee chairs, the bulk leader addresses any conflicts that may prevent proposed bills from being passed.

Negotiates with the minority party to behave Senate floor action

Most Senate deportment crave greater than a simple majority to laissez passer. Therefore, the majority political party must work more closely with the Senate minority party than is typical in the Business firm, which needs only a simple majority to approve measures. The Senate website describes the relationship between the majority and minority parties in the Senate as "ane of compromise and common forbearance" that's intended to foreclose stalemates from arising on of import matters of legislation.

Chairs all committees

Similarly, members of the Senate majority 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 attain the committee's goals. The Senate website explains that the majority party controls well-nigh committee staff and resource, but the minority 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 performance, including biographies of past senators, historical highlights, and a complete chronology.
• The Library of Congress profiles current members of the Senate and explains the trunk's policies and procedures. The site links to agile legislation and flooring activeness, every bit 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 Article 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.S. representative or senator to suggest information technology. Yet, nearly bills originate in the offices of one or more of their legislative sponsors.

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

A beak can be introduced by a representative or a senator; that person becomes the bill's sponsor (note that bills can have multiple sponsors). After meeting in pocket-size groups to discuss the bill's merits, representatives or senators assign the bill to a commission for further research, word, and potential amendments.

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

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

After both chambers accept the bill, articulation committees work out the differences betwixt the two versions. Both houses then vote on the verbal same bill. If the bill passes, it'due south sent to the president for approval.

Step 3: The president considers the bill

The president has 10 days to sign or veto bills that Congress sends to the White House for blessing. (A presidential veto prevents the legislation from taking effect.) If the president approves the bill, it's signed into constabulary. If the president rejects the nib, it's returned to Congress with an explanation for the veto.

If Congress adjourns before the 10-twenty-four hour period period for signing the neb expires, the president can only cull not to sign the bill, and the neb won't become police. 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 2-thirds majority vote of both the House and Senate. If the veto is overridden, the neb becomes law. A pocket veto by the president can't be overridden by Congress.

Resource on how a beak becomes constabulary

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

Conclusion: How Their Differences Make the House and Senate Stronger

The framers of the Constitution worked advisedly to ensure that the powers wielded past the iii branches of government —  legislative, executive, and judicial — were carefully counterbalanced and then that the duties of each branch were clear and no one branch would overpower the other two. The bicameral legislature that splits legislative duties betwixt a big Firm of Representatives and a smaller Senate is a key component of the framers' power-sharing strategy.

Despite struggles and challenges that arose early on in our country's history and persist today, the division of responsibilities and sharing of power have succeeded in keeping the wheels of authorities turning relatively effectively more than two centuries after the Constitution was written. While few constitutional experts and political scholars would argue that the bicameral legislative organisation works perfectly, most would agree that the formulation has stood the examination of fourth dimension.

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Boosted Resources

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

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

U.Southward. National Athenaeum, "The Constitution of the Usa: 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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