The Constitution's Two Congressional Houses

what are the two houses of congress in the constitution

The United States Congress, established by the US Constitution in 1789, is divided into two chambers: the Senate and the House of Representatives. The Senate is sometimes called the upper chamber, and the House, the lower chamber, because the founders believed that different sorts of people would be elected to these two bodies. The House of Representatives has members elected every two years, while senators are elected every six years.

Characteristics Values
Number of houses 2
Names of the houses Senate, House of Representatives
Other names Upper chamber (Senate), lower chamber (House of Representatives)
Number of members in the Senate 100 (2 from each state)
Number of members in the House of Representatives 435
Term of office for members of the House of Representatives 2 years
Term of office for members of the Senate 6 years
Minimum age for members of the House of Representatives 25 years
Minimum age for members of the Senate 30 years
Minimum citizenship duration for members of the House of Representatives 7 years
Minimum citizenship duration for members of the Senate 9 years
Powers of the House of Representatives Initiate impeachment, initiate revenue-raising bills, regulate commerce, pass laws, lay taxes, establish post offices and post roads
Powers of the Senate Ratify treaties, approve presidential appointments, vote on conviction and removal from office for impeachment cases

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The Senate and House of Representatives

Congress is divided into two chambers, the Senate and the House of Representatives. The former is sometimes referred to as the upper chamber, and the latter the lower chamber. This is because the Founding Fathers believed that different sorts of people would be elected to each body.

The House of Representatives represents citizens based on district populations. Members of the House, or representatives, face elections every two years in smaller districts. The minimum age to be elected is 25, and one must be a US citizen for at least seven years and an inhabitant of the state they represent.

The Senate, on the other hand, represents citizens on an equal state basis. Senators were originally chosen by state legislatures, and elections take place every six years. The minimum age to be elected is 30, and one must be a US citizen for at least nine years and an inhabitant of the state they represent. The Senate is more deliberative, with strict rules to encourage debate, and it follows decorous norms of behaviour.

The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments, while the House initiates revenue-raising bills. The House initiates and decides impeachment, while the Senate votes on conviction and removal from office for impeachment cases. A simple majority in the House is required to impeach an official, while a two-thirds majority in the Senate is required for conviction.

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Eligibility requirements for senators and representatives

The US Constitution sets out eligibility requirements for senators and representatives. These requirements concern age, citizenship, and residency.

To be a senator, one must be at least 30 years old, a US citizen for at least nine years, and a resident of the state one represents at the time of the election. Senators are elected for six-year terms, with staggered elections, so approximately one-third of the Senate faces re-election every two years.

To be a representative, one must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state one represents. Representatives are elected for two-year terms, and each state must have at least one representative.

The delegates representing territories, such as the District of Columbia and Puerto Rico, have the same powers as other members of the House, except that they cannot vote when the House meets as the House of Representatives.

While the Constitution sets out these basic requirements, Congress has sometimes deviated from them and rejected efforts by states to enlarge the qualifications. For example, in 1807, the House seated a Member-elect who did not meet a state's 12-month residency requirement, ruling that the state requirement was unconstitutional. Similarly, the House and Senate have seated Members-elect who did not meet additional state qualifications.

The eligibility requirements for senators and representatives were debated and established during the Constitutional Convention in 1787. The framers of the Constitution were influenced by British and state precedents and initially considered religion and property requirements, which were ultimately rejected. The age requirement for representatives was also debated, with some delegates arguing for no age restrictions, while others favoured restrictions of 21 or 25 years old.

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Term lengths and election frequencies

The United States Congress is composed of two chambers: the House of Representatives and the Senate. The term lengths and election frequencies of these two bodies differ.

House of Representatives

The House of Representatives, also known as the House, is the lower house of Congress. Members of the House, or representatives, serve two-year terms. All 435 House seats are up for election every two years, coinciding with midterm and presidential election years. The House's exclusive powers include initiating all revenue bills, impeaching federal officials, and electing the president if no candidate receives a majority of votes in the Electoral College.

Senate

The Senate is the upper house of Congress. Senators serve six-year terms, with their terms staggered so that approximately one-third of the Senate is up for election every two years. This staggered election process ensures stability in the Senate, as argued by proponents of longer Senate terms during the Constitutional Convention.

Election Frequencies

Congressional elections occur every two years, determining the representation and majority party in each chamber for the upcoming two years. Midterm elections take place halfway between presidential elections, and the next midterm elections in the United States are scheduled for November 2026.

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The powers of each house

The United States Congress is made up of two chambers: the House of Representatives and the Senate. Both chambers have unique powers and shared powers.

Powers of the House of Representatives

The House of Representatives has several powers exclusive to it, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The House also has substantial investigative powers, and it represents citizens based on district populations. The Speaker of the House is the most high-profile politician in Congress and is responsible for planning and implementing the legislative agenda.

Powers of the Senate

The Senate has several exclusive powers, including the power to ratify treaties by a two-thirds supermajority vote, confirm presidential appointments by a majority vote, and conduct impeachment trials. The Senate also has the power to approve, by a two-thirds vote, treaties made by the executive branch, and it represents citizens on an equal state basis. Senators are elected for six-year terms, making them more prominent than members of the House, who are elected every two years.

Shared Powers

While each chamber has unique powers, they are equal in legislative power. No bill can become law unless both chambers agree to it, and the President may veto bills passed by both chambers, which can then be overridden by a two-thirds vote in both chambers. Congress as a whole has the sole power to declare war and confirm or reject many presidential appointments.

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How the two houses were formed

The United States Congress consists of two houses: the Senate and the House of Representatives. Congress was created by the US Constitution and first met in 1789, replacing the Congress of the Confederation in its legislative function. The House of Representatives originally comprised 59 members. The number rose following the ratification of the Constitution by North Carolina and Rhode Island in 1790; the first Congress (1789–91) adjourned with 65 representatives. By 1912, membership had reached 435. The Reapportionment Act of 1929 established that there should be 435 representatives, and the Uniform Congressional Redistricting Act requires that they be elected from single-member constituencies or districts.

The Constitution specifies that a majority of members (a quorum) be present before doing business in each house. The rules of each house assume that a quorum is present unless a quorum call demonstrates the contrary, and debate often continues despite the lack of a majority. Voting within Congress can take many forms, including systems using lights and bells, and electronic voting. Most votes in the House are done electronically, allowing members to vote yea or nay or present or open. Members insert a voting ID card and can change their votes during the last five minutes if they choose; paper ballots are also used occasionally. One member cannot cast a proxy vote for another.

The Constitution grants each chamber some unique powers. The Senate ratifies treaties and approves presidential appointments, while the House initiates revenue-raising bills. The House initiates and decides impeachment, while the Senate votes on conviction and removal from office for impeachment cases. A simple majority in the House is required to impeach an official, and a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office, and the Senate may stipulate that the defendant be banned from holding office in the future.

Congress plays a role in presidential elections, with both houses meeting in joint session on the sixth day of January following a presidential election to count the electoral votes. The House of Representatives shares equal responsibility for lawmaking with the US Senate. As conceived by the framers of the Constitution, the House was to represent the popular will, and its members were to be directly elected by the people.

Frequently asked questions

The two houses of Congress in the US Constitution are the Senate and the House of Representatives.

The Senate is sometimes referred to as the upper chamber and the House of Representatives as the lower chamber. Senators are elected every six years and have stricter eligibility requirements, whereas members of the House of Representatives are elected every two years and are more insulated from popular passions.

The Senate ratifies treaties, approves presidential appointments, and votes on conviction and removal of office for impeachment cases.

The House of Representatives initiates revenue-raising bills and initiates and decides impeachment.

To be a member of the House of Representatives, one must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they represent.

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