1.3 Bicameral structure: Senate and House of Representatives

The U.S. Congress is split into two chambers: the Senate and the House of Representatives. This bicameral structure balances state and population-based representation, creating a system of checks and balances within the legislative branch.

Each chamber has unique powers and responsibilities. The Senate confirms presidential appointments and ratifies treaties, while the House initiates revenue bills. Both must pass identical versions of a bill for it to become law, encouraging deliberation and compromise.

Senate vs House Roles

Composition and Representation

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• The Senate is composed of 100 members, two from each state, serving six-year terms
  • Senators represent the interests of their entire state and are elected by popular vote
• The House of Representatives is composed of 435 members apportioned by state population, serving two-year terms
  • Representatives advocate for the interests of their specific congressional district and are elected by popular vote

Exclusive Powers

• The Senate has the exclusive power to:
  • Ratify treaties
  • Confirm presidential appointments (cabinet members, federal judges, ambassadors)
  • Conduct trials for federal officials impeached by the House
• The House has the exclusive power to:
  • Initiate revenue bills
  • Impeach federal officials

Shared Responsibility

• Both chambers must pass identical versions of a bill before it can be sent to the president to be signed into law or vetoed

Rationale for Bicameralism

Great Compromise

• Bicameralism was a compromise between the Virginia Plan, which called for representation based on population, and the New Jersey Plan, which gave each state equal representation regardless of population
  • This "Great Compromise" balanced the interests of large and small states

Deliberation and Faction Control

• Having two separate bodies with different constituencies, term lengths, and sizes:
  • Slows down the legislative process
  • Promotes deliberation
  • Makes it more difficult for a faction to gain control of the entire legislative branch

Checks and Balances

• The Framers of the Constitution believed that dividing power between two chambers would provide checks and balances, preventing either chamber from becoming too powerful

Reflecting the Framers' Vision

• Differences in the chambers' responsibilities (enumerated in Article I, Sections 2 and 3 of the Constitution) reflect the Framers' vision of:
  • The Senate as a more deliberative body
  • The House as more responsive to public opinion

Senate and House Powers

Legislative Powers

• Both the Senate and House have the power to:
  • Introduce legislation
  • Debate legislation
  • Vote on legislation
• Exception: revenue bills must originate in the House

Procedural Differences

• In the House, the Rules Committee controls the rules of debate
• In the Senate, unanimous consent and cloture are used to end a filibuster and bring a bill to a vote
• The House relies more heavily on the committee system to:
  • Conduct hearings
  • Draft legislation
  • Oversee the executive branch
• The Senate also utilizes committees but tends to have more floor debate

Voting Thresholds

• The House can pass bills with a simple majority (218 votes)
• The Senate often requires a 3/5 supermajority (60 votes) to invoke cloture and end debate on a bill

Leadership Roles

• The Vice President serves as the President of the Senate and can cast tie-breaking votes
• The Speaker of the House, elected by the majority party:
  • Sets the legislative agenda
  • Presides over House sessions

Bicameral System Effectiveness

Potential for Gridlock

• Bicameralism can lead to gridlock when the two chambers are controlled by different parties or have divergent policy priorities, slowing down or stalling the passage of legislation

Influence of Interest Groups

• The bicameral system provides multiple points of access for interest groups, lobbyists, and constituents to influence legislation
  • This can lead to bills being modified or stalled as they move through the two chambers

Impact of Rules and Procedures

• Differences in the chambers' rules and procedures, such as the Senate filibuster and the House's more structured debate, can impact the ability to pass legislation efficiently

Check on Majority Power

• Bicameralism can serve as a check on the power of the majority:
  • Preventing hasty or ill-conceived legislation from being passed
  • Protecting the rights of the minority party and the states

Encouraging Compromise

• The bicameral structure encourages compromise and consensus-building
  • Bills must pass both chambers in identical form before being sent to the president
  • Often results in more moderate and widely-accepted legislation