2.1 (1)

Constitutional Framework

The U.S. Constitution, primarily in Article I, establishes the legislative branch. By creating a bicameral legislature, the Framers sought to balance the interests of large and small states while ensuring that legislation underwent rigorous scrutiny.

Comparison of the House and Senate

Characteristics of the House of Representatives

1. Structure and Size

   • Consists of 435 members, each representing approximately 700,000 constituents.

   • Seats are reapportioned every 10 years based on the census.

2. Legislative Procedures

   • House Rules Committee: Acts as a gatekeeper, determining which bills reach the floor and setting the rules for debate (e.g., time limits and amendment restrictions).

   • Germaneness Requirement: All amendments must be directly relevant to the bill's subject matter.

   • Debate Limits: Typically, members are limited to 1 hour of speaking time, or less if determined by the presiding officer or the Rules Committee.

3. Constituency Focus

   • Due to 2-year terms, members are often in a state of continuous campaigning, making them highly responsive to localized, short-term public opinion.

Formality in House of Representatives

1. Due to the number of members, debate must be limited.

2. Each member can speak for no more than one hour and that time can be shortened

3. Members can only offer amendments to a bill that are germane, specifically related to the bill being considered.

4. The Speaker of the House (or someone he or she appoints) controls who speaks.

5. The Rules Committee can speed up, slow down, or "kill" a bill before it gets to the floor.

6. The Rules Committee assigns every bill to the appropriate standing committee, schedules bills for debate and determines when voting on a bill

Characteristics of the Senate

1. Structure and Size

   • Consists of 100 members, with 2 per state, providing equal representation regardless of population size.

   • Staggered elections: Only 1/3 of the Senate is up for election every 2 years.

2. Legislative Procedures

   • Filibuster: Use of unlimited debate to stall or block a vote on a bill. It can only be ended through Cloture, which requires a vote of \frac{3}{5} of the Senate (60 votes).

   • Unanimous Consent: Agreements used to bypass formal rules and expedite legislation, provided no senator objects.

   • Riders: Unlike the House, the Senate allows "ridest"—non-germane amendments that may have nothing to do with the original bill.

3. Constituency Focus

   • With 6-year terms, senators are intended to be more insulated from public passions, allowing for more long-term policy consideration.

Formality and Unique Rules in the Senate

• less centralized than the House

• does not have the strict hierarchy found in the House

• Senators can speak as long as they want if they are given the floor

• The filibuster allows a senator to stall or kill a bill by talking long enough to run out a deadline on voting or get the opposition to give in

Leadership and Coalition Building

• Formal Party Structures:

  • House: Led by the Speaker of the House, followed by Majority/Minority Leaders and Whips.

  • Senate: Formally presided over by the Vice President or the President Pro Tempore, though the Senate Majority Leader holds the most tactical power.

• Party Caucuses/Conferences: These bodies allow members to organize around party platforms (e.g., the House Democratic Caucus and the House Republican Conference).

• Informal Coalitions: Cross-party groups often form based on:

  • Ideology: (e.g., Progressive Caucus, Freedom Caucus)

  • Demographics: (e.g., Congressional Black Caucus, Hispanic Caucus)

  • Economics: (e.g., Rust Belt Caucus, Agricultural interests)

Conclusion

• The House of Representatives is designed for efficiency and responsiveness to the people, while the Senate is designed for stability and deliberation.

• The differing term lengths and constituency sizes directly influence how members build coalitions and approach the lawmaking process.

• Next Topic: Enumeration of powers and implied powers in Congress.