Simone Lawson
The United States Constitution has undergone numerous amendments since its inception in 1787, with the aim of ensuring that all people are accurately represented. The Constitution provides for equal state representation in the Senate and proportional representation in the House of Representatives, based on state population. The characteristics of the Senate, including the basis of representation, the number of senators per state, and the qualifications for office, were the product of fierce debate and several compromises at the Constitutional Convention. The 14th Amendment, ratified after the Civil War, was a step towards remedying the Constitution's original sin by ordering the Census to count every individual regardless of skin colour. The 19th Amendment, enacted in 1920, guaranteed women's right to vote, while the 26th Amendment, enacted in 1971, granted suffrage to those 18 and older.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Members chosen every second year by the people of the several states |
| Representatives and direct taxes | Apportioned among the several states according to their respective numbers |
| Number of Representatives | Not exceed one for every 30,000, but each state shall have at least one Representative |
| Senate | Composed of two senators from each state, chosen by the legislature thereof for six years |
| Term lengths | Varied across state constitutions, ranging from one to five years |
| Basis of representation | Fiercely debated and a product of several compromises at the Constitutional Convention |
| Number of senators per state | Two |
| Qualifications for office | Varies, but generally includes age and citizenship requirements |
| Powers exercised | Includes the power of impeachment and the ability to propose or concur with amendments |
| Compromises | The "Great Compromise" or "Connecticut Compromise" established equal representation in the Senate and proportional representation in the House |
| Voting rights | Extended to males over the age of 21, with women enfranchised in 1920 and those 18 and older in 1971 |
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What You'll Learn
Equal representation in the Senate
The United States Constitution ensures equal representation in the Senate by providing each state with two senators, regardless of the state's population. This arrangement, established during the Constitutional Convention of 1787, is known as the "Great Compromise" or the "Connecticut Compromise." It resolved the contentious issue of congressional representation by creating a bicameral legislature with proportional representation in the House of Representatives and equal representation in the Senate.
The Virginia Plan, drafted by James Madison, initially proposed proportional representation in both houses, with "rights of suffrage" allocated based on each state's size. However, delegates from smaller states objected, arguing for equal suffrage in the Senate. Connecticut's Roger Sherman, for instance, stated that "the smaller States would never agree to the plan on any other principle than an equality of suffrage" in the Senate.
The dispute over representation in the Senate became heated, threatening to derail the proceedings. On July 2, 1787, a tie vote on equal representation opened the possibility for compromise. A "Grand Committee" was appointed, and it reported back with the original Sherman compromise proposal, including a provision that revenue and spending bills would originate in the House.
On July 16, the delegates narrowly adopted the mixed representation plan, granting each state equal votes in the Senate. This plan, enshrined in Article I, Section 3, Clause 1 of the Constitution, and later affirmed by the Seventeenth Amendment, ensures that each state has two senators, each with a single vote, serving a six-year term.
The Framers of the Constitution viewed equal representation in the Senate as a way to preserve the sovereignty of individual states and prevent the consolidation of power in a single body. James Madison, in Federalist No. 62, wrote that equal suffrage in the Senate was "an instrument for preserving that residuary sovereignty," safeguarding against an "improper consolidation of the states into one simple republic." This division of power between the House and the Senate acts as a check on potential abuses of power.
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Proportional representation in the House of Representatives
The United States Constitution establishes a system of proportional representation in the House of Representatives, ensuring that each state's delegation is proportional to its population. This is in contrast to the Senate, where each state, regardless of size, is represented by two senators.
The concept of proportional representation in the House can be traced back to the Constitutional Convention in Philadelphia in 1787, where delegates debated the structure of congressional representation. The "Great Compromise" or the "Connecticut Compromise" resolved this issue, establishing equal representation in the Senate and proportional representation in the House. This compromise addressed the concerns of larger states, which argued that their greater contribution of financial and defensive resources to the nation warranted a stronger voice in the central government.
However, it is important to note that the current system of single-member districts for House elections, mandated by the Uniform Congressional District Act of 1967, has been criticised for not truly achieving proportional representation. In this system, members of the House are elected in single-winner contests, which can lead to a "winner-take-all" dynamic that may not accurately reflect the diversity of political views within a district.
Proportional representation, on the other hand, typically involves multi-member districts, where multiple winners are elected in proportion to the votes they receive. This system is more common across other democracies and is believed to better represent the ideological and demographic diversity of the electorate.
Reforms have been proposed, such as the FairVote plan for STV in the US House of Representatives, which suggests three- to five-member districts. This would allow for a more proportional representation of political parties and demographic groups, curbing gerrymandering and reducing political polarisation.
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Qualifications for office
The US Constitution sets out specific qualifications for office, particularly concerning the presidency. Firstly, the president must be a natural-born citizen of the United States, a qualification that also applied to anyone seeking office at the time of the Constitution's adoption. Secondly, the president must be at least 35 years old.
The framers of the Constitution also considered age restrictions for senators and representatives. James Madison's Virginia Plan, introduced in May 1787, suggested that members of the second branch be at least a certain age, leaving the exact age to be decided by delegates. The delegates voted for 30 as the minimum age for senators, and 25 for representatives.
In addition to age, the framers of the Constitution considered residency requirements for members of Congress. While England had repealed its residency law for Parliament in 1774, the US Constitution included a residency requirement for senators, stating that each senator must be a resident or "inhabitant" of the state they represent at the time of their election. State residency requirements for senators varied, ranging from one to seven years.
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Term lengths
The Constitution of the United States is rarely changed, but this has not stopped speculation about the next amendment to the nation's founding document. One idea that has gained popularity is an amendment limiting how long members of Congress can serve in office. In a September 2023 Pew Research Center survey, 87% of respondents supported term limits for members of Congress.
The debate over term limits involves competing concepts. Supporters believe that the mandatory changing of elected representatives in Congress would better represent the electorate, while opponents think that experienced representatives would make better policy decisions and reduce the influence of lobbyists over inexperienced officials.
The idea of legislative term limits predates the Constitution. In deciding term lengths, Convention delegates turned to the practices of state governments. Although the majority of states set one-year terms for both houses of their legislatures, five state constitutions established longer terms for upper house members. For example, senators in South Carolina served two-year terms, while senators in Delaware served three-year terms with one-third of the senate's nine members up for reelection each year. New York and Virginia implemented a similar system but with four-year terms instead of three.
The Constitution’s Article V provides two paths to amend the Constitution. The conventional path calls for two-thirds of the House and Senate to propose language to the states, with three-quarters of the states ratifying an amendment. Since 1787, only 27 amendments have been added to the Constitution. The most recent amendment, the 27th Amendment, became part of the Constitution in 1992; it bars Congress from changing its pay rate during its two-year term.
The Twenty-second Amendment, ratified in 1951, limits persons to being elected only twice to the presidency. The amendment establishes term limits on those elected president and outlines a series of stipulations regarding the eligibility of succession for unfinished presidential terms.
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Powers of the Senate
The United States Constitution establishes the structure and powers of Congress, which consists of the Senate and the House of Representatives. The Senate has a unique set of powers and responsibilities that contribute to the representation of the people.
One of the key powers of the Senate lies in its role in approving treaties. The Constitution grants the Senate the authority to approve, by a two-thirds vote, treaties made by the executive branch. This power allows the Senate to have a significant influence on foreign policy and international relations. The Senate also has the power to amend or adopt changes to treaties, further emphasizing its role in shaping foreign affairs.
Additionally, the Senate plays a crucial role in the appointment process of government officials. According to the Constitution, the president must nominate and appoint ambassadors, ministers, consuls, Supreme Court judges, and other officers with the "Advice and Consent of the Senate." This means that the Senate has the power to review, approve, or reject presidential appointees to executive and judicial branch posts. The Senate takes its role in the appointment process seriously, carefully evaluating the qualifications and suitability of nominees.
Another important power of the Senate is its sole authority to conduct impeachment trials. While the House of Representatives has the power to impeach a government official, the Senate serves as the jury and judge in impeachment proceedings. Since 1789, the Senate has tried 20 federal officials, including three presidents. This power underscores the Senate's role in providing a check and balance on the executive branch.
The Senate also has a say in the legislative process, particularly in the passage of bills, resolutions, amendments, motions, and nominations. Senators vote on these matters, using procedures such as roll call votes, voice votes, and unanimous consent. The Senate can also delay or block legislation through the filibuster, a tactic that has been used throughout its history.
Furthermore, the Senate has certain exclusive powers, such as the power to expel its members for disorderly behavior with a two-thirds concurrence. The Senate also has the authority to judge the qualifications of its members and settle contested elections, ensuring that it maintains the integrity of its membership.
The powers of the Senate, as outlined in the Constitution, contribute to the representation of the people by providing a check on the executive branch, influencing foreign policy, and shaping legislation. The Senate's role in the appointment process and impeachment trials further emphasize its responsibility in upholding the principles of democracy and ensuring that the government serves the interests of the people.
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Frequently asked questions
The "Great Compromise", also known as the "Connecticut Compromise", was established during the Constitutional Convention in Philadelphia in 1787. It resolved the most controversial aspect of the drafting of the Constitution by establishing equal representation in the Senate and proportional representation in the House of Representatives.
The US Constitution provides for proportional representation in the House of Representatives, with seats apportioned based on state population according to the constitutionally mandated Census. The number of Representatives is capped at 435.
According to Article I of the US Constitution, a Representative must be at least 25 years old, a citizen of the United States for at least seven years, and an inhabitant of the state they are chosen to represent.
Senators are chosen by the legislature of their state for a term of six years. Each state has two senators, and each senator has one vote.
