The Speaker: A Constitutional Officer Of The House

what officer of the house is mentioned in the constitution

The U.S. Constitution mentions several officers of the House, including the Speaker, Clerk, Sergeant-at-Arms, Chaplain, and Chief Administrative Officer. The Speaker of the House, as the leader, combines several institutional and administrative roles. The Clerk, meanwhile, has organizational functions, including maintaining the official list of members and managing finances and payroll. The Constitution also mentions the President as an officer of the United States, with the authority to command the armed forces. The President's role includes making treaties, appointing ambassadors, and interpreting laws.

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The Speaker of the House

The Speaker is also responsible for ensuring that the House conducts itself according to the rules and traditions of the legislative body. This includes interpreting and enforcing the rules of the House, as well as maintaining order and decorum during debates and votes. The Speaker may also delegate these duties to a House member, typically a member of the majority party.

In addition to their legislative duties, the Speaker of the House also has important ceremonial and diplomatic responsibilities. They often represent the House of Representatives at official events and functions, and may also receive foreign dignitaries and heads of state. The Speaker is also responsible for maintaining the dignity and decorum of the House, including overseeing the House chamber and its surrounding areas.

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The President of the United States

The ruling raises interesting questions about the interpretation of the US Constitution. Textualists interpret the meaning of the constitutional text directly, while originalists consider public opinion at the time the text was written. During the 19th century, the public considered the president to be an officer because the original public meaning of "officer" was broader than it is today, encompassing any government official with ongoing governmental duties.

The difference between an officer of the United States and an employee of the United States lies in whether the office held has been explicitly delegated part of the "sovereign power of the United States". This means possessing the authority to commit the federal government to a legal obligation, such as signing a contract, executing a treaty, interpreting a law, or issuing military orders. For example, a federal judge has been delegated part of the "sovereign power" of the US, while a letter carrier has not.

The president's powers include the ability to make treaties with the advice and consent of the Senate, as well as appointing ambassadors, ministers, consuls, Supreme Court judges, and other officers. The president also has the power to fill vacancies during Senate recess and to recommend measures for Congress's consideration. As "Commander in Chief of the Army and Navy", the president possesses the authority to command the armed forces, which can be delegated to military officers.

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The Clerk of the House

The U.S. Constitution, in Article I, Section 2, Clause 5, states that "The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment." The House has elected officials to carry out various tasks throughout its history, and one of these elected officers is the Clerk of the House.

The first Clerk of the House was John Beckley of Virginia, elected on April 1, 1789, after the election of the first Speaker, Frederick Augustus Conrad Muhlenberg of Pennsylvania. The Clerk's title, like the Speaker's, evolved from the British House of Commons, and the duties of the office grew as the House established its rules. The Clerk's fundamental role was organizational, including receiving the credentials of Members elected to the House, compiling the official list of Members, and maintaining the journal of proceedings mandated by the Constitution. As the House's rules were established, the Clerk's duties expanded to include parliamentary functions such as reading bills and ensuring that bills sent to the Senate were printed legibly.

Historically, Clerks also managed the House's finances and payroll until these responsibilities were transferred to the Sergeant-at-Arms and, later, the Chief Administrative Officer. The Clerk's office remains responsible for receiving and verifying the credentials of Members-elect, recording the proceedings of the House, and overseeing the printing and distribution of House documents, including bills and the House Journal.

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The Sergeant-at-Arms

Historically, the role of the Sergeant-at-Arms has evolved to include additional duties. They are responsible for the ceremonial mace, which symbolises the authority of the House, and they also play a role in the House's administrative functions, including managing finances and payroll. The Sergeant-at-Arms also has a role in the legislative process, including the preparation and distribution of bills and amendments.

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The Chaplain

The current Chaplain of the House is Margaret G. Kibben, who was elected to the position in 2021. She is the first woman to hold the position.

The position of Chaplain of the House is a long-standing tradition that dates back to the First Congress in 1789. The First Congress established the position of Chaplain as an elected position, and the House first elected its Chaplain, William Linn, on May 1, 1789.

Frequently asked questions

The US Constitution mentions that the House of Representatives shall choose their Speaker and other officers. The Speaker acts as the leader of the House and combines several institutional and administrative roles. The other officers include the Clerk, Sergeant-at-Arms, Chaplain, and Chief Administrative Officer.

The Speaker of the House is the leader of the House and is responsible for several institutional and administrative roles. The Speaker acts as the representative of the House and is responsible for maintaining order and decorum during proceedings.

The qualifications to be an officer of the House are not explicitly mentioned in the Constitution. However, it is implied that officers of the House are chosen from among the members of the House, who must be at least 25 years old, citizens of the United States for at least seven years, and inhabitants of the state they represent.

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