Isabella Carter
The Speaker of the House of Representatives is the presiding officer of the United States House of Representatives. The office was established in 1789 by Article I, Section 2 of the United States Constitution. The Speaker is second in the United States presidential line of succession, after the Vice President. The Constitution does not require that the Speaker be an elected House Representative, but every Speaker so far has been an elected Member of the House. The Speaker is chosen by the House and serves in several major constitutional roles, including administrative and procedural functions. The Speaker also represents their Congressional district and retains the right to vote. The current Speaker of the House is Mike Johnson, a Republican from Louisiana.
| Characteristics | Values |
|---|---|
| Is the Speaker of the House a constitutional officer? | The Speaker of the House is a presiding officer of the United States House of Representatives. The office was established in 1789 by Article I, Section 2 of the United States Constitution. |
| Is the Speaker of the House a member of the House of Representatives? | The Constitution does not require that the Speaker be an elected House Representative, though every Speaker so far has been an elected Member of the House. |
| Who elects the Speaker of the House? | The Speaker is chosen by the House of Representatives. |
| Who was the first Speaker of the House? | In 1811, Henry Clay became the first dynamic national political figure to assume the role of Speaker of the House. |
| Who is the current Speaker of the House? | The current Speaker of the House is Mike Johnson, a Republican from Louisiana. |
| What is the term of the Speaker of the House? | The Speaker is elected biennially, at the beginning of a new Congress, after a general election, or when a speaker dies, resigns, or is removed from the position during a congressional term. |
| What are the duties of the Speaker of the House? | The Speaker acts as a leader of the House and combines several institutional, administrative, and procedural roles. The Speaker also represents their Congressional district. |
| Can the Speaker of the House be removed from office? | Yes, the Speaker can be removed from office through a motion to vacate, which requires a majority vote of the House. |
Explore related products
![Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)](https://m.media-amazon.com/images/I/61qrQ6YZVOL._AC_UY218_.jpg)
What You'll Learn
The Speaker's role in the Constitution
The Speaker of the House is the presiding officer of the United States House of Representatives. The office was established in 1789 by Article I, Section 2 of the United States Constitution, which states, "The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment."
The Constitution does not require that the Speaker be an elected House Representative, though every Speaker thus far has been an elected Member of the House. The Speaker is second in the United States presidential line of succession, after the Vice President and ahead of the President pro tempore of the Senate.
The Speaker's role combines several institutional and administrative functions. They head the House and the majority political party, performing administrative and procedural functions, and representing their Congressional district. The Speaker also maintains order in debate, manages the legislative agenda, and performs various legislative functions that other House officers do not.
The Speaker is chosen from the sitting membership of the House, though the Constitution does not limit their selection to this class. The Speaker is usually selected during party meetings before a new Congress meets, and the House confirms the selection by individual voice votes.
The Speaker's role, as envisioned by the Founders, was for them to serve as a parliamentarian and peacemaker, similar to the Speaker in the British House of Commons. Today, the Speaker serves in several major constitutional roles, and their position is considered one of the most important elected officials in Washington.
America's Constitutional Crisis: Democracy on the Brink
You may want to see also
Qualifications and requirements
The Speaker of the House of Representatives is the presiding officer of the United States House of Representatives. The position was established in 1789 by Article I, Section 2 of the United States Constitution. The Constitution does not explicitly require the Speaker to be an incumbent member of the House of Representatives, but every Speaker thus far has been an elected member.
The House Qualifications Clause requires that "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". The Oath or Affirmation Clause states that "Representatives before mentioned... and all executive and judicial Officers ... of the United States... shall be bound by Oath or Affirmation, to support this Constitution". The 1st United States Congress passed the Oath Administration Act, which remains in effect, providing that the required oath or affirmation be administered to the Speaker.
The Speaker is chosen by the House, and the Constitution grants the House the sole Power of Impeachment. The Speaker is second in the United States presidential line of succession, after the Vice President. The Speaker's role combines several institutional and administrative functions, including heading the House and the majority political party, performing administrative and procedural tasks, and representing their Congressional district.
The Speaker is responsible for signing various documents, including warrants and subpoenas, making preliminary decisions on questions of privilege, determining the presence of a quorum, conducting quorum counts, and counting certain votes. They maintain order in debate and administer censure by the direction of the House. The Speaker also designates Members to travel on official business.
The Speaker does not usually participate in debate and rarely votes. They do not construe the legislative or legal effect of a pending measure or comment on the merits. They also do not determine whether Members have abused leave to print, respond to hypothetical questions, or render anticipatory rulings.
The Speaker is chosen from among the sitting membership of the House, and their term of office expires at the end of their term as a Member. The general practice for electing a Speaker involves nominations from each party caucus, followed by a viva voce vote of the Members-elect. The Speaker is typically selected during party meetings before a new Congress meets, and the House confirms the selection by individual voice votes.
Birmingham Letter and the Constitution: A Historical Link
You may want to see also
Selection and term
The Speaker of the House of Representatives is the presiding officer of the United States House of Representatives. The office was established in 1789 by Article I, Section 2 of the United States Constitution, which states, "The House of Representatives shall choose their Speaker..."
The Constitution does not require that the Speaker be an elected House Representative, though every Speaker so far has been an elected Member of the House. The Speaker is chosen from the sitting membership of the House, though the Constitution does not limit their selection to this class. The Speaker is elected at the beginning of a new Congress, biennially, after a general election, or when a speaker dies, resigns, or is removed from the position during a congressional term. The Speaker is usually selected during party meetings before a new Congress meets, and the House confirms the selection by individual voice votes. The Speaker's term of office expires at the end of their term of office as a Member, whereas other House officers continue in office until their successors are chosen and qualified.
The Speaker is second in the United States presidential line of succession, after the Vice President and ahead of the President pro tempore of the U.S. Senate. The Speaker is the leader of the House and combines several institutional and administrative roles. They head the House and the majority political party, performing administrative and procedural functions, and representing their Congressional district. The Speaker also acts as the national party spokesperson and House institutional leader.
The Speaker can be removed from their position by a motion to vacate, which permits an individual representative to have the entire House vote to vacate the Speaker's chair. A majority is required to oust the Speaker from their position until a new Speaker is elected.
Judicial Review: Pre-Constitution Existence and Influence
You may want to see also
Explore related products
Powers and duties
The Speaker of the House is the presiding officer of the United States House of Representatives. The office was established in 1789 by Article I, Section 2 of the United States Constitution, which states, "The House of Representatives shall choose their Speaker..."
The Constitution does not require that the Speaker be an elected House Representative, though every Speaker so far has been an elected Member of the House. The Speaker is second in the United States presidential line of succession, after the Vice President. The Speaker's role has been described as that of a parliamentarian and peace-maker.
The Speaker's duties include heading the House and the majority political party, performing administrative and procedural functions, and representing their Congressional district. The Speaker also has the power to:
- Change the convening time within a constitutional limit during an adjournment of not more than three days, if there is an imminent impairment of the place of reconvening.
- Convene the House in a place at the seat of government other than the Hall of the House, if it is in the public interest.
- Sign various documents, including warrants and subpoenas.
- Make preliminary decisions on questions of privilege.
- Determine the presence of a quorum, conduct quorum counts, and count certain votes.
- Announce the absence of a quorum without unnecessary delay.
- Maintain order in debate.
- Administer censure by the direction of the House.
- Designate Members to travel on official business.
- Declare the House adjourned when the hour previously fixed for adjournment arrives.
- Approve the assignment of leadership staff to the floor.
- Resolve questions on the consistency of an amendment with the measure to which it is offered or with an already adopted amendment.
- Answer inquiries on the availability of amendments not yet offered.
- Decide whether a Member should be allowed to display an exhibit in debate, except under the Speaker's duty to preserve decorum.
- Rule on the sufficiency or effect of committee reports or whether the committee has followed instructions.
- Rule on the propriety or expediency of a proposed course of action.
- Construe the consequences of a pending vote.
The Speaker is also responsible for ensuring that the House follows the rules and statutes governing the conduct of members, officers, and employees while performing their official duties. The Speaker can also be removed from their position by a motion to vacate, which requires a majority vote.
While the Speaker has a broad range of powers and duties, there are also limitations. The Speaker does not usually participate in debates and rarely votes. They also do not:
- Construe the legislative or legal effect of a pending measure or comment on its merits.
- Determine whether Members have abused leave to print.
- Respond to hypothetical questions, render anticipatory rulings, or decide on a question not directly presented by the proceedings.
- Determine questions that are within the province of the Chairman of the Committee of the Whole.
- Pass on the constitutional powers of the House, the constitutionality of House rules, or the constitutionality of amendments offered to pending bills.
E. coli's Transformation: Induced or Constitutive?
You may want to see also
Removal from office
The Speaker of the House of Representatives is one of the most important elected officials in the United States. The Speaker is elected by the House and acts as the leader of the House. While the Constitution does not explicitly require the Speaker to be an incumbent member of the House of Representatives, every Speaker thus far has been a member.
The removal of a Speaker of the House is a rare occurrence and can happen due to various reasons such as death, resignation, or removal from office during a congressional term. In the case of the removal of the Speaker, the House Rules provide for the election of a Speaker pro tempore to serve until a new Speaker is elected.
The removal of a Speaker requires a majority vote in the House. In the history of the United States, there have been a few notable instances of Speakers being removed from office:
- Kevin McCarthy: On October 3, 2023, Kevin McCarthy became the first Speaker of the House to be removed by the House through a motion to vacate. The final vote was 216-210, with seven members not voting. McCarthy's removal was due to a further split in the Republican caucus, with five House Freedom Caucus members voting against him.
- Mike Johnson: Johnson succeeded McCarthy after his removal but did not serve a full term. However, the specific details of Johnson's removal are not mentioned.
The removal of a Speaker of the House is a significant event and can have political implications. The process of removing a Speaker is outlined by the Constitution and the House Rules, ensuring a smooth transition and maintaining the stability of the legislative process.
The Magna Carta's Constitutional Principles
You may want to see also
Frequently asked questions
Yes, the Speaker of the House is the presiding officer of the United States House of Representatives. The office was established in 1789 by Article I, Section 2 of the United States Constitution.
The Speaker of the House has several administrative, procedural, and leadership duties. They head the House and the majority political party, perform various legislative functions, and represent their Congressional district. The Speaker also maintains order in debate, manages the majority party's legislative agenda, and counts votes.
As of 2023, the current Speaker of the House is Mike Johnson, a Republican from Louisiana.
The Speaker of the House is selected by the House of Representatives, usually during party meetings before a new Congress meets. The House confirms the selection by individual voice votes, and the clerk of the House presides over the voting process.
