Who Is More Important the Senate or House of Representatives

Table of Contents

Difference Betwixt House and Senate
Firm: Roles and Responsibilities
Senate: Roles and Responsibilities
How a Bill Becomes Law
How Their Differences Make the House and Senate Stronger

The U.S. Congress is often referred to as a single entity, merely it'southward actually a combination of two singled-out groups: the Firm of Representatives and the Senate. While both houses of Congress piece of work together to propose and enact the laws that govern our state, the differences between the Firm and Senate ensure that each chamber in this bicameral ("two room") organization 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 Firm and Senate grade the legislative branch of government. They interact with the executive and judicial branches to implement the checks and balances that keep all three branches functioning and forbid any single branch from abusing its power.

Article I of the U.South. 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 Spousal relationship from being overshadowed by their more populous counterparts. They hoped that by dividing legislative power between two houses, they'd be able to ensure equal representation for residents of all states, as the U.S. Capitol Visitor Eye 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 state. The Nifty 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 Function of the House of Representatives

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

The Constitution affords the House — known as the lower sleeping accommodation considering it has more members than the Senate — much elbowroom in deciding how it will operate.

Age, citizenship, term elapsing, and residency requirements

Representatives:

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

Allocation of representatives based on population

Originally, the number of representatives was set at i per 30,000 inhabitants, but the representative count has since increased, as the U.Southward. Firm of Representatives History, Art, and Archives website describes. The apportionment was to be based on an enumeration (population census) that was to be made inside three years of the Constitution existence 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 Census, the boilerplate number of inhabitants in a congressional commune is nearly 710,000. The Firm of Representatives Athenaeum 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 large states a college proportion of representatives than smaller states.

Power to devise its ain rules of operation

The Constitution allows each business firm of Congress to 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:

But a numerical bulk is required to laissez passer legislation in the Business firm, which allows bills to be processed apace. By contrast, Senate votes typically require a iii-fifths majority, or 60 votes in favor.
Majority party leaders in the House command the priority of various policies and decide which bills make their mode to the Firm floor for debate. In the Senate, minority party leaders accept more influence over such procedures, so the majority leaders must piece of work more than closely with them.

Power of impeachment

Commodity I, Section 2 of the Constitution states that the House "shall have the sole power of impeachment." This ability applies to the offices of president, vice president, federal judges, and other federal officers, as the Library of Congress' Constitution Annotated explains. Grounds for impeachment are "treason, bribery, or other high crimes and misdemeanors."

The Business firm determines whether to impeach and if an impeachment is chosen for; the Senate decides whether to captive and remove the official from office. This follows a pattern established in the British authorities and American colonial governments dating back to the 17th century, as the Senate website explains.

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

Article I, Section 3 of the Constitution calls for two senators from each land to be selected by a state'south legislature to represent that land. Even so, the 17th Amendment, approved in 1913, mandates the directly election of U.S. senators, which ways that they're elected by direct vote of the people rather than by country legislators.

As the Senate website explains, the amendment was in response to corruption and other bug that prevented country legislatures from choosing U.South. senators. The Senate is known as the upper bedroom of Congress because information technology has fewer members than the Business firm.

Age, citizenship, term duration, and residency requirements

The Constitution requires that senators exist at least 30 years old, U.S. citizens for at least nine years, and residents of the states they'll correspond. Senate terms are for six years; the terms are staggered and so that approximately a tertiary of all senate seats are up for election every two years. This is intended to protect the Senate from curt-term political pressure level and to ensure that turnover in the Senate occurs evenly, rather than having stasis for six years followed by upheaval.

Resource allotment of Senators: Ii per Country

As the Senate website indicates, the reason the framers decided to let each state to be represented by ii senators was to forbid 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 eight assigns to the House the power to revenue enhancement 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 set up its own rules, merely equally the House does. The Senate website quotes George Washington every bit explaining to Thomas Jefferson that the framers intended the Senate to "cool" legislation passed past the House "but as a saucer is used to cool hot tea."

In the Senate, private senators have more than options to dull the progress of a neb by making procedural requests, such every bit keeping flooring argue open up on the matter at hand. This is intended to encourage deliberation, or the careful word and consideration, of issues.
Majority political party leaders in the Senate propose the priority of items to exist debated, merely they must piece of work with minority political party leaders — and frequently all senators — to determine the flooring agenda: the order in which items are brought earlier the Senate.

Vice president as president of the Senate

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

Senators are empowered to attempt and approximate 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 confidence 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 function of honor, trust or turn a profit under the United States," co-ordinate to Article I, Section 3. Nevertheless, the impeached person is "liable and subject to indictment, trial, judgment and punishment, according to law."

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

Cornell Police force School'due south Legal Data Plant offers a fully annotated version of the Constitution and an explanation of the Constitution compiled by the Congressional Research Service.
The South. Capitol Visitor Centre features a report guide that explains the difference between the Business firm and Senate. It poses vi questions about the constitutional basis for the two houses of Congress and provides sample answers.

U.S. House 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 Commodity I, Section 1, as the Legal Information Establish explains.

In the early Supreme Court case McCulloch v. Maryland, Master Justice John Marshall wrote that the government is "one of enumerated powers," which means that it tin do only the powers that have been granted to it explicitly by the Constitution. Paired with this doctrine is the ruling that legislative powers may not exist delegated to any other branch of government.

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

Enumerated, unsaid, resulting, and inherent powers

Marshall'south decision 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'southward necessary and proper clause in Commodity I, Section eight.

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

Implied powers are those that aren't explicitly stipulated in the Constitution, but the authorities assumes these powers are granted to it by inference based on prior Supreme Court decisions, every bit the Legal Dictionary explains.
Resulting powers are those that Congress has because they're needed for it to fulfill its duties. They're derived from other powers specifically granted to the government so that it tin exercise its enumerated powers. The Legal Information Found gives as an example the power to learn territory, which results from the enumerated powers to make state of war and treaties.
Inherent powers are also called unsaid powers, every bit the Constitution Annotated notes. They're powers that Congress possesses even though they've never been explicitly exercised. An example would be the power to tax internet service providers.

But 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 have been used to broaden congressional authority over federal tax and economic policy.

In addition, Congress' war powers have created a lot of friction betwixt the executive and legislative branches. For example, presidents have tried to expand their power to engage the U.South. military in overseas conflicts, as the House of Representatives Archive describes. For example, in the period subsequently Globe State of war II, presidents committed troops to the Dominican Republic, Lao people's democratic republic, and Vietnam, among other countries, without requesting or receiving authorisation from Congress.

The House originates all acquirement legislation

Article I, Section 7 of the Constitution states that bills intended to raise acquirement must originate in the House. This is ane of the major differences between the Firm and Senate. The Senate is allowed to suggest amendments to spending and taxing legislation, only equally it can with other bills sent to it from the House.

Bills require only a numerical majority vote

The determination of the framers to allow bills to laissez passer the Business firm after getting a simple majority of votes was motivated by 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 majority party, but are made up of members of both parties, as the Congressional Enquiry Service explains.

Majority party powers and prerogatives

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

Set policy agenda

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

Decide which legislation reaches the House floor

Among the duties of the speaker of the firm are presiding over all House proceedings, determining which bills get to which committees, influencing committee assignments for new House members, and deciding the priorities for bills to be debated and voted upon past the entire torso of representatives.

Chair all committees

While majority political party members are chosen to chair all House committees, they must work with the ranking member of the minority political party to prepare bills for deliberation past all House members. The Firm of Representatives Archives describes the 3 types of House committees:

Standing committees are permanent; their jurisdiction is defined in the House 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 Business firm 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 revenue enhancement and spend.
The House of Representatives website explains the composition and functions of the Business firm, including its leadership, committees, commissions, schedule, rules, and history.

U.S. Senate: Roles and Responsibilities

Article I, Section iii of the Constitution describes the basic composition, performance, and duties of the Senate, although the Constitution grants the Senate leeway in determining how it volition conduct its business. The Senate website describes the powers and procedures of the legislative torso, which include trying impeachments, reviewing and approval presidential nominees, approving treaties, and managing internal matters.

Powers

The Senate receives all its dominance from the Constitution. As described above for the House, the Senate's 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 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 made "with the Advice and Consent of the Senate."

Similarly, the Senate is empowered to approve treaties proposed past the president by a ii-thirds majority vote. The Senate also has the power to change a treaty's terms. (The president's power to establish 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 on state senates and the governor's councils of the Colonial era. To shield senators from curt-term political force per unit area, their terms were set up at six years rather than the two-year terms of Business firm representatives.

The Senate was intended to human activity more than deliberately than the House. This emphasizes the Senate'southward duty to propose 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 equally a check confronting the impulsiveness of the Firm.

Individual senators have significant procedural leverage

The continuing rules of the Senate promote deliberation by allowing senators to "contend at length" and past requiring greater than a simple bulk to end debate on a matter, as the Congressional Research Service explains. The rules also permit Senators suggest floor amendments to pending bills that are outside of the subject matter of the bills themselves. For example, the Real ID Act 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 result 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 commission. To bring some lodge to Senate proceedings, the majority leader is given priority in beingness recognized to speak and to advise the bills and legislation that the torso volition consider.

Majority political party powers and prerogatives

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

Proposes items for consideration

The duties of the Senate bulk leader include handling all procedural matters that ascend on the Senate flooring and informing members of the bulk political party about the content, implications, and status 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 political party to conduct Senate flooring action

Near Senate actions crave greater than a unproblematic majority to pass. Therefore, the majority political party must work more closely with the Senate minority party than is typical in the House, which needs only a simple bulk to approve measures. The Senate website describes the relationship betwixt the bulk and minority parties in the Senate as "one of compromise and mutual forbearance" that's intended to prevent stalemates from arising on important matters of legislation.

Chairs all committees

Similarly, members of the Senate majority party are called to chair all committees. Nevertheless, the nature of the Senate requires that the majority leaders of committees work with the ranking member of the minority party to reach the committee's goals. The Senate website explains that the majority political party controls almost 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 performance, 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'southward policies and procedures. The site links to active legislation and flooring activity, as well equally specific committees, leadership, and officers.

Back To Tiptop

How a bill becomes police

The procedure that Congress must follow to enact legislation is described in Commodity I, Section seven 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, most bills originate in the offices of one or more than of their legislative sponsors.

Footstep 1: The pecker is introduced in either the Business firm or the Senate

A beak can exist introduced by a representative or a senator; that person becomes the bill'due south sponsor (note that bills tin have multiple sponsors). Later on coming together in small-scale groups to discuss the bill's claim, representatives or senators assign the bill to a committee for further research, discussion, and potential amendments.

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

In one case the pecker is released by the commission, representatives or senators debate information technology and suggest amendments or other changes prior to putting the bill to a vote. After passing in the initial body (Business firm or Senate), the neb goes to the other body, where it'southward researched, discussed, and amended further.

Subsequently both chambers accept the pecker, articulation committees work out the differences between the two versions. Both houses then vote on the exact same pecker. If the bill passes, it's sent to the president for approving.

Step 3: The president considers the pecker

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 consequence.) If the president approves the beak, it'south signed into law. If the president rejects the bill, information technology's returned to Congress with an explanation for the veto.

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

Step 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 Business firm and Senate. If the veto is overridden, the bill becomes law. A pocket veto by the president can't exist overridden past Congress.

Resources on how a bill becomes law

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 procedure of a neb becoming law in both the House and Senate, including commission activity, floor action, briefing committees, and presidential review.

Conclusion: How Their Differences Make the House and Senate Stronger

The framers of the Constitution worked carefully to ensure that the powers wielded by the three branches of authorities — legislative, executive, and judicial — were advisedly balanced so that the duties of each branch were articulate and no one co-operative would overpower the other two. The bicameral legislature that splits legislative duties between a large Firm 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 take succeeded in keeping the wheels of government turning relatively effectively more than 2 centuries later the Constitution was written. While few constitutional experts and political scholars would argue that the bicameral legislative system works perfectly, nigh would agree that the formulation has stood the exam of time.

Additional Resources

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

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

U.South. National Archives, "The Constitution of the U.s.a.: A Transcription"

U.S. Senate, "Constitution of the U.s.a."

Vote Smart, "Government 101: Congress"

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