What Are the Qualifications to Become a House of Representative

Table of Contents

Difference Betwixt Business firm and Senate
Business firm: Roles and Responsibilities
Senate: Roles and Responsibilities
How a Bill Becomes Police force
How Their Differences Brand the House and Senate Stronger

The U.S. Congress is often referred to as a single entity, but information technology'southward actually a combination of two distinct groups: the Business firm of Representatives and the Senate. While both houses of Congress work together to propose and enact the laws that govern our country, the differences betwixt the House and Senate ensure that each chamber in this bicameral ("ii 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 House and Senate class the legislative branch of government. They collaborate with the executive and judicial branches to implement the checks and balances that go on all three branches functioning and prevent any single co-operative from abusing its power.

Commodity 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 existence overshadowed by their more than populous counterparts. They hoped that past dividing legislative ability betwixt 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 Ramble Convention of 1787, delegates from Connecticut proposed that the seats in the House be assigned based on population, while the seats in the Senate be assigned two per state. The Great Compromise (or Connecticut Compromise) gives each country equal representation in the Senate while ensuring equal representation per citizen in the House.

Article I, Department 2: Composition and Function of the House of Representatives

Commodity 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 Business firm of Representatives are assigned to usa and how vacancies are filled.

The Constitution affords the House — known as the lower bedchamber because it has more than 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 erstwhile.
Must be citizens for at least vii years.
Are elected to a two-year term.
Must be residents of u.s. they correspond.

Resource allotment of representatives based on population

Originally, the number of representatives was set at 1 per thirty,000 inhabitants, but the representative count has since increased, equally the U.S. House of Representatives History, Art, and Archives website describes. The apportionment was to be based on an enumeration (population demography) that was to exist made inside 3 years of the Constitution being ratified (approved) past the thirteen states, and so every ten years thereafter.

The Circulation Human activity of 1911 and its successor, the Permanent Apportionment Deed of 1929, capped the number of representatives at 435. For this reason, as of the 2010 Census, the average number of inhabitants in a congressional district is almost 710,000. The House of Representatives Athenaeum states that the number of representatives was express to 435 because the U.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 house of Congress to set its own rules. This has led to divergent practices and procedures in the House and Senate. The Library of Congress summarizes the operating rules of the House of Representatives:

Merely a numerical majority is required to pass legislation in the House, which allows bills to be processed quickly. By contrast, Senate votes typically crave a three-fifths majority, or 60 votes in favor.
Bulk political party leaders in the House command the priority of diverse policies and determine which bills make their way to the Firm flooring for debate. In the Senate, minority party leaders accept more 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 Firm "shall have the sole ability of impeachment." This power applies to the offices of president, vice president, federal judges, and other federal officers, as the Library of Congress' Constitution Annotated explains. Grounds for impeachment are "treason, bribery, or other high crimes and misdemeanors."

The Business firm 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, every bit the Senate website explains.

Back To Peak

Commodity I, Section 3: Composition and Office of the Senate

Article I, Section 3 of the Constitution calls for two senators from each state to be selected by a state'south legislature to represent that land. However, the 17th Amendment, approved in 1913, mandates the directly election of U.Southward. senators, which ways that they're elected past directly vote of the people rather than past land 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 equally the upper sleeping accommodation of Congress because it has fewer members than the Business firm.

Age, citizenship, term elapsing, and residency requirements

The Constitution requires that senators be at least 30 years erstwhile, U.South. citizens for at least 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 upwardly for election every two years. This is intended to protect the Senate from brusque-term political force per unit area and to ensure that turnover in the Senate occurs evenly, rather than having stasis for half-dozen years followed by upheaval.

Resource 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 prevent the large states from overpowering their smaller counterparts. Benjamin Franklin believed that states should have equal votes in all matters except those involving coin. (Article I, Section eight assigns to the House the ability 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, only equally the Business firm does. The Senate website quotes George Washington equally explaining to Thomas Jefferson that the framers intended the Senate to "cool" legislation passed by the House "just equally a saucer is used to absurd hot tea."

In the Senate, individual senators take more than options to tedious the progress of a neb by making procedural requests, such as keeping floor fence open on the thing at hand. This is intended to encourage deliberation, or the careful discussion and consideration, of issues.
Bulk political party leaders in the Senate suggest the priority of items to be debated, but they must work with minority party leaders — and often all senators — to determine the floor calendar: 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, but the vice president is allowed to vote only to break a tie. The Senate is empowered to cull its own officers and president pro tempore to preside over the Senate when the vice president is unavailable.

Power to try and pass judgment on all impeachments

Senators are empowered to try and gauge impeachments; in this capacity, they serve under "oath or affirmation." In the case of a president'due south 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 penalization is removal from office and disqualification from "whatever office of honor, trust or profit under the United states of america," co-ordinate to Article I, Section iii. Nonetheless, the impeached person is "liable and bailiwick to indictment, trial, judgment and penalty, according to police."

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

Cornell Law School's Legal Information Institute offers a fully annotated version of the Constitution and an caption of the Constitution compiled by the Congressional Enquiry Service.
The Southward. Capitol Company Middle features a written report guide that explains the difference between the House and Senate. It poses six questions about the constitutional basis for the two houses of Congress and provides sample answers.

Dorsum To Top

U.S. House of Representatives: Roles and Responsibilities

The duties of the Firm of Representatives are stated in Commodity I, Sections 7 and 8 of the Constitution. Still, the powers granted to both houses of Congress are derived from Article I, Department 1, as the Legal Information Plant explains.

In the early Supreme Court instance McCulloch five. Maryland, Chief Justice John Marshall wrote that the government is "1 of enumerated powers," which means that it tin exercise merely the powers that have been granted to it explicitly past the Constitution. Paired with this doctrine is the ruling that legislative powers may non be delegated to any other branch of government.

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

Enumerated, unsaid, resulting, and inherent powers

Marshall'southward decision expanded the telescopic of the legislative powers enumerated in the Constitution past 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, Section eight.

This gives Congress the right to practise whatsoever "ways which are advisable" 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, merely 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 practise its enumerated powers. The Legal Information Institute gives as an example the power to acquire territory, which results from the enumerated powers to brand war and treaties.
Inherent powers are also chosen implied powers, as the Constitution Annotated notes. They're powers that Congress possesses fifty-fifty though they've never been explicitly exercised. An instance would exist the power to taxation 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 augment congressional potency over federal revenue enhancement and economic policy.

In addition, Congress' war powers accept created a lot of friction between the executive and legislative branches. For case, presidents have tried to expand their power to engage the U.Southward. military machine in overseas conflicts, every bit the House of Representatives Archive describes. For example, in the menstruum afterward Earth State of war II, presidents committed troops to the Dominican Republic, Laos, and Vietnam, amid other countries, without requesting or receiving say-so from Congress.

The House originates all revenue legislation

Article I, Section vii of the Constitution states that bills intended to enhance 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 it can with other bills sent to it from the House.

Bills require merely a numerical majority vote

The decision of the framers to allow bills to pass the House later on getting a simple majority of votes was motivated by the want 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 majority party, but are made up of members of both parties, every bit the Congressional Inquiry Service explains.

Bulk party powers and prerogatives

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

Set policy agenda

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

Make up one's mind which legislation reaches the House floor

Among the duties of the speaker of the house are presiding over all Business firm proceedings, determining which bills become 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 torso 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 House of Representatives Archives describes the 3 types of House committees:

Standing committees are permanent; their jurisdiction is divers in the House 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, unremarkably to written report 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 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.

U.Southward. Senate: Roles and Responsibilities

Article I, Section 3 of the Constitution describes the bones composition, operation, and duties of the Senate, although the Constitution grants the Senate leeway in determining how it will conduct its business organisation. The Senate website describes the powers and procedures of the legislative body, 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 in a higher place 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, Department 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 U.s.a.." 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 by the president past a ii-thirds majority vote. The Senate besides has the power to change a treaty's terms. (The president'due south 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 bedroom of Congress subsequently early state senates and the governor's councils of the Colonial era. To shield senators from brusque-term political pressure, their terms were prepare at six years rather than the two-year terms of House representatives.

The Senate was intended to act more than deliberately than the House. This emphasizes the Senate's duty to suggest on and consent to deportment taken in the Firm and by the executive branch of authorities. In this role, the framers expressed their "suspicion of the presidency" past allowing the Senate to serve as a check on executive powers. Information technology also serves as a check against the impulsiveness of the House.

Individual senators have meaning procedural leverage

The standing rules of the Senate promote deliberation by allowing senators to "contend at length" and by requiring greater than a simple majority to stop fence on a matter, equally the Congressional Research Service explains. The rules also permit Senators propose floor amendments to pending bills that are outside of the subject matter of the bills themselves. For example, the Real ID Human activity of 2005 passed equally a "rider": an additional provision to a military machine spending act that in its original version made no reference to traveler identification, equally ThoughtCo explains.

The upshot is an unpredictable daily floor schedule for Senate business and the possibility that bills volition exist proposed whose subjects haven't been researched or debated in commission. To bring some order to Senate proceedings, the majority leader is given priority in being recognized to speak and to suggest the bills and legislation that the torso will consider.

Majority political party powers and prerogatives

In addition to the Senate majority leader's power to control debates on the Senate flooring, the majority political 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 ascend on the Senate flooring 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 whatever conflicts that may prevent proposed bills from being passed.

Negotiates with the minority party to conduct Senate floor action

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

Chairs all committees

Similarly, members of the Senate majority political party are called to chair all committees. However, the nature of the Senate requires that the majority leaders of committees piece of work with the ranking member of the minority party to accomplish the commission'southward goals. The Senate website explains that the bulk party controls most committee staff and resources, but the minority party retains a level of command 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 consummate chronology.
The Library of Congress profiles electric current members of the Senate and explains the body'south policies and procedures. The site links to active legislation and floor activity, as well as specific committees, leadership, and officers.

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 constabulary is encouraged to contact their U.S. representative or senator to propose information technology. However, most 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 bill can be introduced by a representative or a senator; that person becomes the bill's sponsor (note that bills can have multiple sponsors). Later on meeting in pocket-sized groups to discuss the bill's merits, representatives or senators assign the neb to a committee for farther research, discussion, and potential amendments.

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

Once the bill is released by the committee, representatives or senators debate information technology and propose amendments or other changes prior to putting the neb to a vote. Afterwards passing in the initial body (Firm or Senate), the neb goes to the other torso, where it'south researched, discussed, and amended farther.

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

Stride 3: The president considers the bill

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

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

Step four: Congress may vote to override a presidential veto

Congress has the power to override a presidential veto by a two-thirds majority vote of both the House and Senate. If the veto is overridden, the beak becomes police. A pocket veto by the president can't be overridden by 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 process of a bill becoming law in both the House and Senate, including committee action, flooring 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 iii branches of government — legislative, executive, and judicial — were carefully balanced so that the duties of each co-operative were clear and no 1 branch would overpower the other two. The bicameral legislature that splits legislative duties between a large Business firm of Representatives and a smaller Senate is a primal 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 2 centuries subsequently the Constitution was written. While few ramble experts and political scholars would argue that the bicameral legislative system works perfectly, most would concur that the formulation has stood the exam of time.