Speaker Of The House: What The Constitution Says

where in the constitution is the speaker of the house

The Speaker of the United States House of Representatives is the presiding officer of the House. 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 Speaker is second in the United States presidential line of succession and has a critical job as a national party spokesperson and House institutional leader. While the Constitution does not require the Speaker to be an elected House Representative, every Speaker so far has been an elected Member of the House.

Characteristics Values
Article of the Constitution Article I, Section II, Clause 5
Speaker's role Majority political party leader in the House, second in the presidential line of succession, parliamentarian and peace maker
Election process Selected during party meetings before a new Congress meets, confirmed by individual voice votes
Speaker's duties Controls the order of all institutional business on the House floor, votes on business as needed, represents their Congressional district, negotiates between the House and the president and with the Senate, plays a role in the 25th Amendment's process of dealing with presidential disability
Speaker's powers Determines the presence of a quorum, conducts quorum counts, counts certain votes, maintains order in debate, administers censure, designates members to travel on official business, performs administrative and procedural functions

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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..."

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 usually does not personally preside over debates, instead delegating the duty to members of the House from the majority party.

The Speaker is the majority political party leader in the House, which is one of the most powerful jobs in Washington. The Speaker controls the order of all institutional business on the House floor and votes on business as needed as a representative from a Congressional district. The Speaker plays a key role as a negotiator between the House and the president and with the Senate. The Speaker also plays a role in the 25th Amendment's process of dealing with presidential disability.

The Speaker has various administrative and procedural functions, including signing warrants and subpoenas, convening the House, and maintaining order in debate. The Speaker also designates members to travel on official business.

The Speaker's role is not without its limitations. For example, the Speaker does not rule on the constitutional powers of the House or the constitutionality of House rules. The Speaker also does not determine questions within the province of the Chairman of the Committee of the Whole.

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Qualifications for the role

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 Constitution does not explicitly require the Speaker to be an incumbent member of the House of Representatives, although every Speaker thus far has been.

The Speaker is the majority political party leader in the House, which is one of the most powerful jobs in Washington. The Speaker controls the order of all institutional business on the House floor and votes on business as needed as a representative from a Congressional district. The Speaker also plays a key role as a negotiator between the House and the president and with the Senate.

There are no specific qualifications to become the Speaker of the House. However, to be a member of Congress, one must be at least 25 years old, a citizen of the United States for at least seven years, and a resident of the state from which they are elected. These requirements were carefully considered by the Framers, who wanted to ensure that Members had sufficient maturity and knowledge about the United States to perform their duties effectively.

The Speaker of the House is typically a member of Congress and must represent their constituents. They are responsible for the administration and management of the House of Representatives and have various duties, including presiding over the business of the House, naming chairmen and members to committees, sending legislation to committees, and bringing items up for a vote. The Speaker is usually chosen at the beginning of a new Congress, after a general election, or when a Speaker dies, resigns, or is removed from their position.

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The selection process

The Speaker of the United States House of Representatives is the presiding officer of the House. 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 explicitly require the Speaker to be an incumbent member of the House of Representatives, although every Speaker thus far has been. The Speaker is elected by the House 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 clerk of the House presides over the voting process.

Upon election, the new Speaker is sworn in by the dean of the United States House of Representatives, the chamber's longest-serving member. It is customary for the outgoing Speaker, or the minority leader, to hand the Speaker's gavel to the new Speaker, symbolising the peaceful transition of power.

The Speaker's term of office expires at the end of their term as a Member, whereas other House officers continue in office until their successors are chosen and qualified. The Speaker is the majority political party leader in the House, which is one of the most powerful jobs in Washington. They control the order of all institutional business on the House floor and play a key role as a negotiator between the House and the President and with the Senate.

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The Speaker's powers

The Speaker of the United States House of Representatives, or the Speaker of the House, is the presiding officer of the United States House of Representatives. The Speaker's powers are derived from the United States Constitution, specifically Article I, Section 2, which states, "The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment."

While the Constitution establishes the office of the Speaker and outlines some basic duties, it does not explicitly define the full scope of the Speaker's powers and responsibilities. The Speaker's role has evolved over time through various rules, customs, and practices. One of the key powers of the Speaker is to serve as the leader of the majority political party in the House, making them one of the most powerful figures in Washington. The Speaker is responsible for setting the majority party's legislative agenda and controlling the order of business on the House floor.

Additionally, the Speaker has administrative and procedural functions, including acting as the institution's administrative head. The Speaker also represents their Congressional district and retains the right to vote on business, although they usually do not personally preside over or participate in debates. The Speaker's role as a negotiator is also crucial, as they act as a liaison between the House and the President and the Senate, particularly in the legislative process and controlling the "power of the purse" regarding taxation and spending.

Furthermore, the Speaker is second in the line of presidential succession after the Vice President, as outlined in the Presidential Succession Act of 1947. This means that in certain circumstances, such as a presidential disability, the Speaker may temporarily assume the powers and duties of the President.

It is important to note that while the Speaker has significant powers, they are subject to the rules and procedures of the House and can be removed from their position through a motion to vacate, which requires a majority vote. The Speaker's role is thus shaped by both the Constitution and the evolving traditions and practices of the House of Representatives.

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The Speaker's 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. The Speaker's duties include:

Administrative and Procedural Functions

The Speaker is responsible for the administrative and procedural functions of the House. This includes controlling the order of all institutional business on the House floor and ensuring the House passes legislation supported by the majority party. The Speaker may use their influence over the Rules Committee, which is in charge of the business of the House, to achieve this.

Leadership and Representation

As the leader of the majority political party in the House, the Speaker is responsible for setting the majority party's legislative agenda. They also represent their Congressional district and retain the right to vote, although they usually do not participate in debates and only vote on the most significant bills. The Speaker plays a key role as a negotiator between the House and the president and with the Senate.

Parliamentary Duties

The Speaker's parliamentary duties include preserving decorum during debates and making statements from the Chair. They may also relinquish the Chair and participate in debates on the floor, although this is not common.

Succession

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. They also play a role in the 25th Amendment's process of dealing with presidential disability.

Appointment of a Speaker Pro Tempore

The Speaker may appoint a Member to act as Speaker pro tempore to sign enrolled bills and joint resolutions in their absence. This is usually done to allow for pro forma sessions and the list of members with this duty is made public.

Frequently asked questions

No, the Constitution does not require the Speaker to be a House Representative. However, every Speaker so far has been a member of the House.

The Speaker of the House is mentioned in Article I, Section 2 of the Constitution, which states, "The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment."

The Speaker of the House serves in several major constitutional roles. The Speaker is the leader of the majority political party in the House and controls the order of all institutional business on the House floor. Additionally, the Speaker votes on business as needed as a representative from a Congressional district. The Speaker also plays a key role in negotiating between the House and the president and with the Senate.

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