U.S. House of Representatives
vs.
U.S. Senate
Article I of the U.S. Constitution
* Article I, Sec. 1: “All legislative Powers herein granted shall be vested
in a Congress of the United States, which shall consist of a Senate and
House of Representatives.”
* Why did the Founding Fathers put Congress first?
(James Madison – the “first branch of government”)
* Ensures representation of the people!
* Ultimate authority for enacting laws! – think about that…
"Suppose you were an idiot. And suppose you were a member of Congress. But I repeat myself.”
Article I of the U.S. Constitution
*Article I Created a Bicameral legislature: two separate chambers
of Congress (thanks – “Great Compromise”) and are EQUAL IN POWER!
* Senate – “Upper House” – Original intent was to represent the
states – typically considered MORE PRESTIGIOUS!
* Confirm POTUS appointments, treaties, conduct impeachment trials…
* House of Representatives – “Lower House” – the “People’s
House”
* All bills to raise revenue must originate in the House, deciding on impeachment…
* Think about representative gov’t in 1789…
Constitutional Qualifications
* House of Representatives: 25 years old, citizen for 7
years, resident of state
* Article I, Sec. 2: “No Person shall be a Representative who shall not have attained to the
Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall
not, when elected, be an Inhabitant of that State in which he shall be chosen.”
* Senate: 30 years old, citizen for 9 years, resident of state
* Article I, Sec. 3: “No Person shall be a Senator who shall not have attained to the Age of
thirty Years, and been nine Years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State for which he shall be chosen.”
* Article I, Sec. 5: “Each House shall be the Judge of the
Elections, Returns and Qualifications of its own Members…”
(Henry Clay, 1806 – Joe Biden, 1972)
House: Size
* Article I, Sec. 2: “The Number of Representatives shall
not exceed one for every thirty Thousand, but each State shall
have at Least one Representative...” (Reapportionment and Redistricting)
* The U.S. Census! (every 10 years) – dictates Representation in the House
* House of Representatives in 1789… 65 Reps. (13 states)
* House of Representatives in 2013 (since 1913)… 435 Reps.
* Washington D.C., American Samoa, U.S. Virgin Islands, Guam, Mariana
Islands and Puerto Rico each have 1 non-voting “Delegate”
* 435 Congressional Districts spread throughout the 50 states +
6 Delegates = 441 Total Representatives in the House!
* If original standards were still upheld today, the House of Representatives would have 10,400 Reps.!
Senate: Size
* Article I, Sec. 3: “The Senate of the United States shall be composed of two
Senators from each State chosen by the Legislature thereof… Immediately after they
shall be assembled in Consequence of the first Election, they shall be divided as
equally as may be into three Classes. The Seats of the Senators of the first Class shall
be vacated at the Expiration of the second Year, of the second Class at the Expiration
of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one
third may be chosen every second Year…”
* Senate in 1789… 26 Senators (13 states)
* Senate in 2013… 100 Senators (since 1959 – Alaska and Hawaii)
* 17th Amendment: “The Senate of the United States shall be composed
of two Senators from each State, elected by the people thereof…”
* Why did the Progressives want the 17th Amendment? *
House: Terms
* Article I, Sec. 2: “The House of Representatives shall be
composed of Members chosen every second Year by the People of the
several States…”
* Terms for members of the House are two years – and coincide
with a term of Congress… (the House dissolves every two years)
This means that the House re-elects Leaders and Officers; comes up with
new rules and procedures; and basically starts from scratch every two
years!
Senate: Terms
* Article I, Sec. 3: “The Senate of the United States shall be composed of two
Senators from each State chosen by the Legislature thereof… Immediately after they
shall be assembled in Consequence of the first Election, they shall be divided as
equally as may be into three Classes. The Seats of the Senators of the first Class shall
be vacated at the Expiration of the second Year, of the second Class at the Expiration
of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that
one third may be chosen every second Year…”
* Senate elections are staggered; approximately 1/3 of the Senate is up for reelection every two years, but the entire body is never up for re-election in
the same year! (the Senate is a continuous body)
* Class I expires in 2019, Class II in 2015, and Class III in 2017 (Brown, Class I –Portman, Class III)
* Purple States = Split Delegation
Structure of the House
* Committees are where most of the work in Congress is
done! – consider bills and issues and oversee agencies, programs, and activities within their
jurisdictions
* There are 20 Standing Committees in the House – permanent
committees with specific responsibilities spelled out in the House’s rules
* There is 1 Select Committee in the House – established by a
separate resolution of the parent chamber, sometimes to conduct investigations and
studies, sometimes to consider measures
* There are 4 Joint Committees for the House and Senate –
made up of members of both chambers ; permanent panels that conduct studies or
perform housekeeping tasks rather than consider measures
Every committee has a Chairperson (majority party) and a Ranking Member (minority party)
Structure of the House
* Elected at the beginning of each Congress, House Officers
include: the Clerk of the House, the Sergeant at Arms, the Chief Administrative
Officer, and the Chaplain
* Clerk of the House – maintains public records, prepares documents, etc.
* Sergeant at Arms – the House's chief law enforcement officer maintains
order and security on House premises
* Chief Administrative Officer – responsible for the day-to-day
administrative support to the House of Representatives
* Chaplain – leads the House in prayer at the opening of the day
Structure of the Senate
* There are 16 Standing Committees in the Senate – Standing
committees are permanent committees with specific responsibilities spelled out in
the House’s rules
* There are 4 Select or Special Committees in the Senate – Select,
or special, committees usually are established by a separate resolution of the parent
chamber, sometimes to conduct investigations and studies, sometimes to consider
measures
Just like the House, every committee has a Chairperson (majority party) and a Ranking Member (minority
party)
Structure of the Senate
* Just like the House, in the Senate, there are several positions held by Senate
staff that help to ensure that the business of the Senate runs smoothly!
* Because the Senate is a continuous body, these administrative positions are
elected when vacancies arise, Senate Officers include: the Secretary of the Senate,
the Sergeant at Arms, Party Secretaries and the Chaplain
* Secretary of the Senate – maintains public records, disburses salaries,
monitors the acquisition of stationery and supplies, and oversees clerks
* Party Secretaries – schedule legislation on the floor and inform senators of
all pending business, keeping them updated on bills, motions, nominations, and
amendments in preparation for roll call votes
Procedural Differences
* More differences than similarities emerge when comparing selected House
and Senate rules of procedure for referring legislation to
committees, and for scheduling, raising and considering
measures on the floor.
* OVERALL, the House is much more structured than the Senate –
there are more rules governing debate and discussion!
Procedural Differences
* The House uses 4 Calendars to the Senate’s 2 Calendars
* Once a bill makes it out of a committee, it is placed on a calendar (both House and Senate)
* House calendars: Union, House, Private, Discharge
1.) Public bills and resolutions reported to the House are placed on the Union Calendar
2.) Public bills and resolutions that are not placed on the Union Calendar are referred to the
House Calendar
3.) All private bills reported to the House are placed on the Private Calendar
4.) When members of the House sign a petition to discharge a bill from a certain committee, it
is placed on the Discharge Calendar
* Senate calendars: Business and Executive
1.) ALL Legislation reported from committee are referred to the Calendar of Business
2.) Nominations and treaties are referred to the Executive Calendar
Procedural Differences
* For scheduling legislation, the Speaker of the House consults with
the Majority Leader; the Majority Leader in the Senate usually consults
anyone interested
* Remember those calendars we just discussed? It is the prerogative of
the Speaker of the House and the Majority Leader in
the Senate to call legislation off of those calendars to be
considered on their respective floors!
Procedural Differences
* Debate time and Manner is always restricted in the House (and must
be GERMANE), individual Senators generally have the right to unlimited
debate (KEY DIFFERENCE)
* Because of rule differences in the House and Senate, Senators have the
ability to filibuster legislation! (Cloture can be invoked – supermajority)
First Day of Congress
* The House is not a continuous body – the Senate is!
* What is the difference, then? (House – Speaker, Officers, swearing in,
rules, committee assignments and procedure; Senate – filling any vacancies, electing
new officers if need be, swearing in of new Senators, everything is as is!)
* Both the House and the Senate have standing rules – but, the Senate relies
more heavily on it’s standing rules as it is a continuous body!
Tale of the Tape!
House of Representatives
Senate
* 2 year terms
* 6 year terms!
* 25, 7 years citizen, resident
* 30, 9 years citizen, resident
* 435 Representatives
* 100 Senators
* C.D. constituency
* State-wide constituency
* Dissolves every 2 years
* Continuous body
* Lower House
* Upper House
* Strict rules on debate
* Loose rules on debate