Interactions Among Branches of Government: Congress - The Senate and the House of Representatives

CON-3: The republican ideal in the U.S. is manifested in the structure and operation of the legislative branch.

CON-3.A: Describe the different structures, powers, and functions of each house of Congress.

CON-3.A.1: The Senate is designed to represent states equally, while the House is designed to represent the population.
CON-3.A.2: Different chamber sizes and constituencies influence formality of debate.
CON-3.A.3: Coalitions in Congress are affected by term-length differences.
CON-3.A.4: The enumerated and implied powers in the Constitution allow the creation of public policy by Congress, which includes:
- Passing a federal budget, raising revenue, and coining money
- Declaring war and maintaining the armed forces
- Enacting legislation that addresses a wide range of economic, environmental, and social issues based on the necessary and proper clause

Represents states equally (2 per state = 100 total).
Senators were originally selected by state legislatures.
Represents an entire state.
17th Amendment established direct election of Senators.
6-year terms.
The Senate is less formal and has fewer rules than the House.
Coalitions in Congress are affected by term-length differences.
Senators may vote differently in the final 2 years of their term out of a desire to get reelected; may become more centrist or more partisan depending on the circumstances and their state.

Represents the people based on population (435 total).
Representatives are directly elected.
Represents a congressional district.
Was the only position directly elected under the original constitution.
2-year terms.
The House is more formal, more rules-oriented.
Coalitions in Congress are affected by term-length differences.
Because Representatives are up for election every 2 years there is no measurable difference in the way they vote over time compared to Senators.

Why is the House more formal and rules-based than the Senate?
Under the original Constitution, who was a Senator’s constituency, and who was a Representative’s constituency?
How could the different constituencies lead to differences in formality and rules?
Why would an anti-federalist likely be horrified by the 17th Amendment?
Following the 17th Amendment, who is a Senator’s constituency?

The AP test frequently asks students to compare the House of Representatives and the Senate, in terms of differences in rules, constitutional roles, constituencies, and term length.

Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.”

Congress can make laws in areas not expressly stated in the Constitution.
Have allowed Congress to enact legislation addressing a wide range of economic, environmental, and social issues.

Required employers with 20 or more employees to offer health insurance plans with an employee option to continue coverage after losing the job.
Any employer not in compliance would be forced to pay an excise tax.
Coverage for employees can continue for up to 18 months after job loss.
Employers are not required to pay for the continuing coverage; as a result, most employees have to pay the full cost of the premium, including the portion formerly paid by the employer.

The Omnibus Budget Reconciliation Act of 1985 authorized the government to deny income tax deductions for employer health plans that did not offer employees the option of keeping their health insurance after leaving the job. Which enumerated power allowed Congress to make the law?
- (A) Regulating commerce among the states
- (B) Declaring laws unconstitutional
- (C) Borrowing money on the credit of the United States
- (D) Issuing copyrights and patents