Compare and Contrast Essay Senate and House of Representatives

Table of Contents

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

The U.Southward. Congress is often referred to as a unmarried entity, but information technology's actually a combination of two distinct 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.

Together, the House and Senate form the legislative branch of authorities. They interact with the executive and judicial branches to implement the checks and balances that go on all iii branches functioning and forbid whatsoever single branch from abusing its ability.

Commodity I of the U.S. Constitution: Difference Between House and Senate

The framers of the Constitution knew that it was important to protect the smaller states of the newly formed Union from beingness overshadowed by their more than populous counterparts. They hoped that by dividing legislative ability betwixt two houses, they'd be able to ensure equal representation for residents of all states, as the U.Southward. Capitol Visitor Center 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 be assigned two per state. The Great Compromise (or Connecticut Compromise) gives each state equal representation in the Senate while ensuring equal representation per denizen in the House.

Article I, Section 2: Composition and Part of the House 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, besides as 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 bedchamber because it has more members than the Senate — much leeway in deciding how it will operate.

Historic period, citizenship, term duration, and residency requirements

Representatives:

• Must be at 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 1 per 30,000 inhabitants, merely the representative count has since increased, as the U.Due south. House of Representatives History, Art, and Archives website describes. The apportionment was to exist based on an enumeration (population census) that was to exist fabricated within three years of the Constitution being ratified (approved) by the xiii states, and and then every 10 years thereafter.

The Circulation 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 commune is about 710,000. The House of Representatives Archives states that the number of representatives was limited to 435 because the U.S. 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 ain rules. This has led to divergent practices and procedures in the House and Senate. The Library of Congress summarizes the operating rules of the Business firm of Representatives:

• Only a numerical bulk is required to pass legislation in the Firm, which allows bills to be processed quickly. By contrast, Senate votes typically require a 3-fifths majority, or 60 votes in favor.
• Majority party leaders in the Business firm control the priority of various policies and determine which bills make their way to the House floor for debate. In the Senate, minority party leaders accept more than influence over such procedures, so the majority leaders must work more than closely with them.

Ability of impeachment

Article I, Section 2 of the Constitution states that the House "shall have 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, 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 captive 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, Department 3: Composition and Function of the Senate

Article I, Section three of the Constitution calls for two senators from each land to be selected past a state's legislature to stand for that land. Yet, the 17th Amendment, approved in 1913, mandates the directly election of U.S. senators, which means that they're elected by straight vote of the people rather than past state legislators.

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

Age, citizenship, term elapsing, and residency requirements

The Constitution requires that senators exist at least 30 years former, U.S. citizens for at least 9 years, and residents of united states of america they'll correspond. Senate terms are for half-dozen years; the terms are staggered so that approximately a 3rd of all senate seats are up for ballot every 2 years. This is intended to protect the Senate from short-term political pressure level and to ensure that turnover in the Senate occurs evenly, rather than having stasis for six years followed past upheaval.

Resource allotment of Senators: Two per Country

As the Senate website indicates, the reason the framers decided to allow each state to exist 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. (Article I, Section eight assigns to the House the power to tax and spend; this clause is described in the post-obit department.)

Power to devise its own rules of performance

The Senate has the ramble authorisation 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 "absurd" legislation passed by the Firm "just as a saucer is used to cool hot tea."

• In the Senate, individual senators accept more options to dull the progress of a neb by making procedural requests, such equally keeping floor contend open on the matter at hand. This is intended to encourage deliberation, or the conscientious discussion and consideration, of problems.
• Majority party leaders in the Senate propose the priority of items to be debated, just they must work with minority party leaders — and often all senators — to make up one's mind the floor agenda: the guild in which items are brought before the Senate.

Vice president as president of the Senate

The Constitution makes the vice president the president of the Senate, but the vice president is allowed to vote only to break a necktie. 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 endeavor and pass judgment on all impeachments

Senators are empowered to endeavour and judge impeachments; in this capacity, they serve nether "oath or affirmation." In the case of a president's impeachment, the chief justice of the United States presides. An impeachment conviction requires a two-thirds majority vote of the full Senate.

If the impeachment trial leads to a conviction, the punishment is removal from function and disqualification from "any office of honor, trust or profit under the United States," according 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 function of the House of Representatives and Senate

• Cornell Law School'south Legal Information Establish offers a fully annotated version of the Constitution and an explanation of the Constitution compiled by the Congressional Research Service.
• The S. Capitol Visitor Center features a study guide that explains the divergence between the Business firm and Senate. It poses vi questions about the ramble basis for the two houses of Congress and provides sample answers.

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U.South. Firm of Representatives: Roles and Responsibilities

The duties of the House of Representatives are stated in Article I, Sections 7 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 example McCulloch v. Maryland, Chief Justice John Marshall wrote that the government is "1 of enumerated powers," which means that it can exercise only the powers that have been granted to information technology explicitly by the Constitution. Paired with this doctrine is the ruling that legislative powers may non 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 ramble foundation.

Enumerated, implied, resulting, and inherent powers

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

This gives Congress the correct to exercise whatever "means which are appropriate" to perform its ramble duties, unless those means are inconsistent with "the letter and spirit of the Constitution."

• Implied powers are those that aren't explicitly stipulated in the Constitution, simply the government 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 considering they're needed for information technology to fulfill its duties. They're derived from other powers specifically granted to the authorities and so that it can practice its enumerated powers. The Legal Information Institute gives as an case the ability 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 fifty-fifty though they've never been explicitly exercised. An example 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 amidst the congressional powers enumerated in Article I, Section 8 of the Constitution. The taxing and spending clause and the commerce clause have been used to broaden congressional authority over federal taxation and economic policy.

In improver, Congress' war powers have created a lot of friction between the executive and legislative branches. For example, presidents have tried to expand their power to engage the U.Southward. armed services in overseas conflicts, as the Business firm of Representatives Archive describes. For example, in the menses subsequently World War Two, presidents committed troops to the Dominican Republic, Laos, and Vietnam, among other countries, without requesting or receiving potency from Congress.

The House originates all revenue legislation

Article I, Department 7 of the Constitution states that bills intended to raise revenue must originate in the House. This is one of the major differences between the Firm and Senate. The Senate is allowed to suggest amendments to spending and taxing legislation, just as information technology can with other bills sent to it from the Business firm.

Bills crave only a numerical majority vote

The decision of the framers to allow bills to pass the Firm after getting a simple majority 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 majority party, but are made upwardly of members of both parties, equally the Congressional Research Service explains.

Majority party powers and prerogatives

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

Prepare policy calendar

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

Determine which legislation reaches the House floor

Among the duties of the speaker of the firm are presiding over all House proceedings, determining which bills go to which committees, influencing commission assignments for new House members, and deciding the priorities for bills to exist debated and voted upon by the entire trunk 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 by all House members. The Firm of Representatives Archives describes the three types of House committees:

• Continuing 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.
• Articulation committees include members from the House and Senate, usually to study specific matters rather than to consider a piece of legislation.

Resources on Firm of Representatives roles and responsibilities

• The legal site Justia details the powers that the House derives from the taxing and spending clause of Commodity I, Section eight, including the types of taxes permitted and limits imposed on the ability to tax and spend.
• The House of Representatives website explains the limerick and functions of the Business firm, 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, functioning, 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 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. As described above for the Firm, the Senate'southward powers are either enumerated, or expressly stated in the Constitution, or derived from the enumerated powers through the Article I, Section 8 necessary and proper clause.

Only the Senate confirms presidential nominations and treaties

Article II, Section 2 of the Constitution grants the president ability to nominate and appoint ambassadors, Supreme Court justices, and "other officers of the The states." All the same, 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 two-thirds bulk vote. The Senate also has the power to change a treaty's terms. (The president's ability to institute 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 chamber of Congress later early land senates and the governor's councils of the Colonial era. To shield senators from short-term political pressure level, their terms were set at half dozen years rather than the two-twelvemonth terms of House representatives.

The Senate was intended to act more than deliberately than the House. This emphasizes the Senate'south duty to propose on and consent to actions taken in the House and past 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. Information technology also serves equally a check against the impulsiveness of the Firm.

Individual senators have meaning procedural leverage

The standing rules of the Senate promote deliberation past assuasive senators to "debate at length" and by requiring greater than a simple majority to stop debate on a thing, as the Congressional Research Service explains. The rules also let Senators suggest floor amendments to pending bills that are outside of the subject affair of the bills themselves. For example, the Real ID Human action of 2005 passed as a "rider": an additional 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 floor schedule for Senate business concern and the possibility that bills will exist proposed whose subjects haven't been researched or debated in commission. To bring some social club to Senate proceedings, the majority leader is given priority in beingness recognized to speak and to suggest the bills and legislation that the body will consider.

Majority party powers and prerogatives

In addition to the Senate majority leader's ability 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 bulk party about the content, implications, and condition of all pending legislation. In collaboration with Senate commission chairs, the majority leader addresses whatever conflicts that may prevent proposed bills from beingness passed.

Negotiates with the minority party to bear Senate floor action

Almost Senate actions require greater than a elementary majority to pass. Therefore, the majority party must work more closely with the Senate minority party than is typical in the Firm, which needs simply a simple majority to approve measures. The Senate website describes the relationship betwixt the majority and minority parties in the Senate every bit "ane 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 bulk party are called to chair all committees. Notwithstanding, the nature of the Senate requires that the bulk leaders of committees piece of work with the ranking member of the minority party to accomplish the committee's goals. The Senate website explains that the majority party controls well-nigh committee staff and resources, only 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 operation, including biographies of past 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 activity, as well as specific committees, leadership, and officers.

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How a beak becomes law

The procedure that Congress must follow to enact legislation is described in Article I, Section vii of the Constitution. United states.gov explains that anyone who has an idea for a new law is encouraged to contact their U.Southward. representative or senator to propose it. All the same, most bills originate in the offices of one or more of their legislative sponsors.

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

A pecker tin exist introduced by a representative or a senator; that person becomes the bill's sponsor (note that bills tin take multiple sponsors). Afterwards meeting in modest groups to discuss the neb's claim, representatives or senators assign the neb to a committee for further research, discussion, and potential amendments.

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

Once the neb is released by the committee, representatives or senators contend it and propose amendments or other changes prior to putting the neb to a vote. After passing in the initial body (Business firm or Senate), the bill goes to the other torso, where it's researched, discussed, and amended further.

Afterward both chambers accept the nib, articulation committees work out the differences between the 2 versions. Both houses then vote on the exact same beak. If the bill passes, information technology'southward sent to the president for approval.

Step 3: The president considers the bill

The president has ten days to sign or veto bills that Congress sends to the White Business firm for approval. (A presidential veto prevents the legislation from taking effect.) If the president approves the beak, it'due south signed into law. If the president rejects the bill, it'south returned to Congress with an explanation for the veto.

If Congress adjourns before the 10-day period for signing the bill expires, the president can simply cull not to sign the bill, and the bill won't become police. This is called a "pocket veto."

Footstep 4: 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 Business firm and Senate. If the veto is overridden, the beak becomes constabulary. A pocket veto by the president can't be overridden by Congress.

Resources on how a nib 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 stride in the procedure of a bill becoming police force in both the Firm and Senate, including committee action, floor action, conference committees, and presidential review.

Conclusion: How Their Differences Make the Business firm and Senate Stronger

The framers of the Constitution worked carefully to ensure that the powers wielded by the three branches of government —  legislative, executive, and judicial — were advisedly balanced so 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 large House of Representatives and a smaller Senate is a key component of the framers' power-sharing strategy.

Despite struggles and challenges that arose early in our land'south history and persist today, the partitioning of responsibilities and sharing of power accept succeeded in keeping the wheels of regime 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 arrangement works perfectly, well-nigh would agree that the conception has stood the test of time.

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Additional Resources

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

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

U.Due south. National Archives, "The Constitution of the United States: A Transcription"

U.South. Senate, "Constitution of the United States"

Vote Smart, "Government 101: Congress"

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

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