The
United States House of Representatives,
commonly referred to as the "House," is the
lower house of the
bicameral United States Congress, the
upper house being the
United States Senate. The composition
and powers of the House and the Senate are established in
Article One of
the
Constitution (which
does not use the terms "upper" and "lower"). Each
state receives representation in the House in
proportion to its
population but is entitled
to at least one
Representative.
The most
populous state, California
, currently has 53 representatives. The
total number
of voting representatives is currently fixed at 435. Each
representative serves for a two-year term. The presiding officer of
the House is the
speaker,
and is elected by the members of the House.
The House was granted its own exclusive powers: the power to
initiate revenue bills,
impeach
officials, and elect the
president in
electoral college
deadlocks.
The House
meets in the south wing of the United States Capitol
.
History
Under the
Articles of
Confederation, Congress was a
unicameral body in which each state held one
vote.
The
ineffectiveness of the federal government under the Articles led
Congress to summon a Constitutional Convention in 1787;
all states except Rhode
Island
agreed to send delegates. The issue of how
Congress was to be structured was one of the most divisive among
the
founders
during the Convention.
James Madison's
Virginia Plan called for a
bicameral Congress: the lower house would be
"of the people," elected directly by the people of the United
States and representing
public
opinion, and a more deliberative upper house that would
represent the individual states, and would be less susceptible to
variations of mass sentiment, would be elected by the lower
house.
The House is often considered to be the "
lower house," with the Senate as the "
upper house," although the
United States Constitution does
not use such language. Both houses' approval is necessary for the
passage of
legislation.
The Virginia Plan drew
the support of delegates from large states such as Virginia
, Massachusetts
, and Pennsylvania
, as it called for representation based on
population. The smaller states, however, favored the
New Jersey Plan, which called for a
unicameral Congress with equal representation for the states.
Eventually, the Convention reached the
Connecticut Compromise, or the Great
Compromise, under which one house of Congress (the House of
Representatives) would provide representation proportional to each
state's population, whereas the other (the Senate) would provide
equal representation amongst the states. The Constitution was
ratified by the requisite number of states (nine out of the 13) in
1788, but its implementation was set for March 4, 1789. The House
began work on April 1, 1789, when it achieved a
quorum for the first time.
During the first half of the 19th Century, the House was frequently
in conflict with the Senate over regionally divisive issues,
including
slavery. The
North was much more
populous than the
South, and therefore
dominated the House of Representatives. However, the North held no
such advantage in the Senate, where the equal representation of
states prevailed.
Regional conflict was most pronounced over the issue of slavery.
One example of a provision repeatedly supported by the House but
blocked by the Senate was the
Wilmot
Proviso, which sought to ban slavery in the land gained during
the
Mexican-American War.
Conflict over slavery and other issues persisted until the
Civil War (1861–1865), which began soon
after several southern states attempted to
secede from the Union. The war culminated in the
South's defeat and in the abolition of slavery. Because all
southern senators except
Andrew
Johnson resigned their seats at the beginning of the war, the
Senate did not have the balance of power between North and South
during the war.
The years of
Reconstruction that
followed witnessed large majorities for the
Republican Party, which
many Americans associated with the Union's victory in the Civil
War. The Reconstruction period ended in about 1877; the ensuing
era, known as the
Gilded Age, was marked
by sharp political divisions in the electorate. Both the
Democratic and the
Republican Party held majorities in the House at various
times.
The late 19th and early 20th Centuries also saw a dramatic increase
in the power of the Speaker of the House. The rise of the Speaker's
influence began in the 1890s, during tenure of Republican
Thomas Brackett Reed. "
Czar Reed," as he was nicknamed, attempted to put into
effect his view that "The best system is to have one party govern
and the other party watch." The leadership structure of the House
also developed during approximately the same period, with the
positions of
Majority
Leader and
Minority
Leader being created in 1899. While the Minority Leader was the
head of the minority party, the Majority Leader remained
subordinate to the Speaker. The Speakership reached its zenith
during the term of Republican
Joseph Gurney Cannon, 1903 to 1911. The
powers of the Speaker included chairmanship of the influential
Rules
Committee and the ability to appoint members of other House
committees. These powers, however, were curtailed in the
"Revolution of 1910" because of the efforts of Democrats and
dissatisfied Republicans who opposed Cannon's arguably heavy-handed
tactics.
The Democratic Party dominated the House of Representatives during
the administration of President
Franklin D. Roosevelt (1933–1945), often winning
over two-thirds of the seats. Both Democrats and Republicans were
in power at various times during the next decade. The Democratic
Party maintained control of the House from 1954 until 1995. In the
mid-1970s, there were major reforms of the House, strengthening the
power of sub-committees at the expense of committee chairmen and
allowing party leaders to nominate committee chairs. These actions
were taken to undermine the seniority system, and to reduce the
ability of a small number of senior members to obstruct legislation
they did not favor. There was also a shift from the 1970s to
greater control of the legislative program by the majority party;
in particular, the power of party leaders (especially the Speaker)
grew considerably.
The Republicans
took control of
the House in 1995, under the leadership of Speaker
Newt Gingrich. Gingrich attempted to pass a
major legislative program, the
Contract with America on which the
House Republicans had been elected, and made major reforms of the
House, notably reducing the tenure of committee chairs to three
two-year terms. Many elements of the Contract did not pass
Congress, were vetoed by President
Bill
Clinton, or were substantially altered in negotiations with
Clinton. The Republicans held on to the House until the
United States
Congressional elections, 2006, during which the Democrats won
back control of both the House of Representatives and the Senate.
Nancy Pelosi was subsequently elected
by the House as the first female Speaker.
Membership and qualifications
Apportionment
Under
Article I, Section 2 of the Constitution, seats in the House of
Representatives are
apportioned among
the states by population, as determined by the
census conducted every ten years. Each
state, however, is entitled to at least one Representative.
The only constitutional rule relating to the
size of the House
says: "The Number of Representatives shall not exceed one for every
thirty Thousand." Congress regularly increased the size of the
House to account for population growth until it fixed the number of
voting House members at 435 in 1911.
The number was
temporarily increased to 437 in 1959 upon the admission of Alaska
and Hawaii
(seating one
representative from each of those states without changing existing
apportionment), and returned to 435 four years later, after the
reapportionment consequent to the 1960 census.
The
Constitution does not provide for the representation of the
District of
Columbia
or of
territories. However,
those places elect non-voting
delegates or, in the case
of
Puerto Rico a
Resident Commissioner.
The
District of
Columbia and the territories of American Samoa
, Guam
, and the
U.S.
Virgin Islands
are represented by one delegate each. Puerto
Rico elects a Resident Commissioner, but other than having a
four-year term, the Resident Commissioner's role is identical to
the delegates from the other territories.
The Northern
Mariana Islands
elected their first delegate in November 2008, who
took office in January 2009. Delegates and Resident
Commissioners may participate in debates and vote in committees.
They may vote in the
Committee
of the Whole when their votes would not be decisive.
Redistricting
States that are entitled to more than one Representative are
divided into
single-member districts.
This has been a federal statutory requirement since 1967. Prior to
that law,
general ticket
representation was used by some states. Typically, states redraw
these district lines (
see redistricting) after each census, though they
may do so at other times (
see 2003 Texas redistricting). Each
state determines its own district boundaries, either through
legislation or through non-partisan panels. "
Malapportionment" is unconstitutional and
districts must be approximately equal in population
(see
Wesberry v. Sanders). The
Voting Rights Act prohibits states from
"
gerrymandering" districts to reduce
racial minorities' voting power.
Using gerrymandering for political gain is not prohibited, even
when political gerrymandering incidentally involves the creation of
racially concentrated districts. Because of gerrymandering, fewer
than 10% of all House seats are seriously contested in most
election cycles. Since over 90% of House members are nearly
guaranteed to win reelection every two years because of lack of
electoral competition, elections have been criticized as being
contrary to fair competition, one of the principles of
democracy.
Qualifications
Article I, Section 2 of the Constitution sets three qualifications
for representatives. Each representative must: (1) be at least
twenty-five years old; (2) have been a
citizen of the United States
for the past seven years; and (3) be (at the time of the election)
an inhabitant of the state they represent. Members need not live in
their districts. The age and citizenship qualifications for
representatives are less than those for senators. The
constitutional requirements of Article I, Section 2 for election to
Congress are the maximum requirements that can be imposed on a
candidate. Therefore, Article I, Section 5, which permits each
House to be the judge of the qualifications of its own members does
not permit either House to establish additional
qualifications.
Disqualification. Under the
Fourteenth
Amendment, any federal or state officer who takes the requisite
oath to support the Constitution, but later engages in rebellion or
aids the enemies of the United States, is disqualified from
becoming a representative. This post-Civil War provision, was
intended to prevent those who sided with the
Confederacy from serving.
However, disqualified individuals may serve if they gain the
consent of two-thirds of both houses of Congress.
Elections
Elections for representatives are held in every even-numbered year,
on
Election Day early
in November.
In most states, candidates for each district are nominated in
partisan
primary elections,
typically held in spring to late summer. In some states, the
Republican and Democratic parties choose their respective
candidates for each district in their
political conventions in spring or
early summer, which often use unanimous voice votes to reflect
either confidence in the incumbent or the result of bargaining in
earlier private discussions. Exceptions can result in so-called
floor fight -- convention votes by delegates, with outcomes that
can be hard to predict. Especially if a convention is closely
divided, a losing candidate may contend further by meeting the
conditions for a primary election.
Ballot access rules for
independent and
third-party candidates vary greatly
from state to state, and may be affected by results of previous
years' elections.
Since 1967, Federal law has required that House Members be elected
from single-member-districts, thereby not permitting the use of
proportional
representation.
Louisiana
was unique in that it held an all-party "primary
election" on the general Election Day, with a subsequent runoff election between the top two
finishers (regardless of party) if no candidate received a majority
in the primary. The state now has a system similar to most
other states, whereby each party nominates candidates in
closed primaries.
The state of Washington
now uses a similar (though not identical) system to
that previously used by Louisiana. Seats vacated during a
term are filled through special elections, unless the vacancy
occurs closer to the next general election date than a
pre-established deadline. The term of a member chosen in a special
election usually begins the next day, or as soon as the results are
certified.
Terms
Representatives and Delegates serve for two-year terms, while the
Resident Commissioner serves for four years. The Constitution
permits the House to expel any member with a two-thirds vote. In
the history of the United States, only five members have been
expelled from the House; in 1861 three were removed for supporting
the Confederate states' secession,
John Bullock Clark (D-MO),
John William Reid (D-MO), and
Henry Cornelius Burnett (D-KY).
Michael Myers (D-PA) was
expelled after his criminal conviction for accepting bribes in
1980, and
James Traficant (D-OH) was
expelled in 2002 following his conviction for corruption. The House
also has the power to formally
censure or
reprimand its members; censure or reprimand requires only a simple
majority, but does not remove a member from office.
Comparison to the Senate
Many of the Founding Fathers intended the Senate (whose members
were originally chosen by the
state legislature) to be a
check on the popularly elected House, just as the House was to be a
check on the Senate. The "
advice and
consent" powers (such as the power to approve
treaties) were therefore granted to the Senate alone.
The House, however, can initiate spending bills and has exclusive
authority to impeach officials and choose the
President in an electoral
college deadlock. The Senate and its members generally enjoy
greater prestige than the House because Senators serve longer terms
(six years), are less numerous, and (in all but seven states)
represent larger constituencies than Representatives, serving to
represent entire states rather than largely-arbitrary districts.
Additionally, the Senate has traditionally been considered a less
partisan chamber; senators have greater potential to broker
compromises and act more unilaterally than Representatives, and
hence hold greater national stature.
Salary and benefits
Salaries
As of January 2009, the annual salary of each Representative is
$174,000. The
Speaker of the House and the
Majority
and
Minority
Leader earn more, $223,500 for the Speaker and $193,400 for
their party leaders (the same as
Senate leaders). A
cost-of-living-adjustment (COLA) increase takes effect annually
unless Congress votes to not accept it. Congress sets members'
salaries; however, the
Twenty-seventh
Amendment to the United States Constitution prohibits a change
in salary (but not COLA) from taking effect until after the next
general election. Representatives are eligible for lifetime
benefits after serving for five years, including a pension, health
benefits, and social security benefits.
Titles
Representatives use the prefix "
The
Honorable" before their names. A member of the House is
referred to as a "Representative, "Congressman," or
"Congresswoman." While Senators are technically "Congressmen" or
"Congresswomen," that term is generally used to refer to Members of
the House of Representatives exclusively. The Delegates and the
Resident Commissioner use the same styles and titles as Members of
the House.
Officers
Member officials
The
party with a
majority of seats in the House is known as the
majority party. The next-largest party is the
minority party. The
Speaker,
committee chairmen, and some other officials are generally from the
majority party; they have counterparts (for instance, the "ranking
members" of committees) in the minority party.
The Constitution provides that the House may choose its own
Speaker. Although not explicitly required by the Constitution,
every Speaker has been a member of the House. The Constitution does
not specify the duties and powers of the Speaker, which are instead
regulated by the rules and customs of the House. The Speaker has a
role both as a leader of the House and the leader of his or her
party (which need not be the majority party; theoretically, a
member of the
minority party could be
elected as Speaker with the support of a fraction of members of the
majority party). Under the
Presidential Succession Act
(1947), the Speaker is second in the line of
presidential
succession behind the Vice President.
The Speaker is the presiding officer of the House but does not
preside over every debate. Instead, he or she delegates the
responsibility of presiding to other members in most cases. The
presiding officer sits in a chair in the front of the House
chamber. The powers of the presiding officer are extensive; one
important power is that of controlling the order in which members
of the House speak. No member may make a speech or a motion unless
he or she has first been recognized by the presiding officer.
Moreover, the presiding officer may rule on any "
point of order" (a member's objection that a
rule has been breached), but the decision is subject to appeal to
the whole House.
The Speaker is the chair of his or her party's steering committee,
which chooses the chairmen of standing committees. The Speaker
determines which committees consider bills, appoints most of the
members of the
Rules Committee, and
appoints all members of conference committees. When the Presidency
and Senate are controlled by a different party from the one
controlling the House, the Speaker can become the
de facto "leader of the opposition." Since the
Speaker is a partisan officer with substantial power to control the
business of the House, the position is often used for partisan
advantage.
Each party elects a
floor leader, who
is known as the
Majority Leader or
Minority Leader. While the Minority
Leader is the full leader of his party, the same is not true of the
Majority Leader. Instead, the Speaker is the head of the majority
party; the Majority Leader is only the second-highest official.
Party leaders decide what legislation members of their party should
either support or oppose. Each party also elects a
whip, who works to ensure that the party's
members vote as the party leadership desires. The
current
majority whip in the House of Representatives is
James E. Clyburn, who is a member of the
Democratic Party. The
current
minority whip is
Eric Cantor, who is
a member of the
Republican Party.
Representatives are generally less independent of party leaders
than senators, and usually vote as the leadership directs.
Incentives to cooperate include the leadership's power to select
committee chairmen. As a result, the leadership plays a much
greater role in the House than in the Senate, an example of why the
atmosphere of the House is regarded by many as more partisan.
Non-member officials
The House is also served by several officials who are not members.
The House's chief officer is the
Clerk,
who maintains public records, prepares documents, and oversees
junior officials, including
pages. The Clerk
also presides over the House at the beginning of each new Congress
pending the election of a Speaker. Another officer is the
Chief Administrative Officer, responsible for the day-to-day
administrative support to the House of Representatives. This
includes everything from payroll to
food
service.
The position of
chief
administrative officer (CAO) was created following the 1994
Republican Revolution and
replaced the positions of
Doorkeeper
and Director of Non-Legislative and Financial Services (which had
been created only two years prior to provide a nonpartisan
management body to administer those functions of the House that
should not be under partisan control). The CAO also assumed some of
the responsibilities of the House Information Services, which
previously had been controlled directly by the
Committee on House
Administration, at the time headed by Representative
Charlie Rose of North Carolina,
along with the House "Folding Room."
The
Chaplain
leads the House in
prayer at the opening of
the day. There is also a
Sergeant
at Arms, who as the House's chief law enforcement officer,
maintains order and security on House premises. Finally, routine
police work is handled by the
United States Capitol Police,
which is supervised by the
Capitol
Police Board, a body to which the Sergeant at Arms
belongs.
Procedure
Daily Procedures
Like the Senate, the House of Representatives meets in the United
States Capitol in Washington, D.C. At one end of the chamber of the
House is a
rostrum from which the
Speaker
presides. The lower tier of the rostrum is used by clerks and other
officials. Members' seats are arranged in the chamber in a
semicircular pattern; the seats are divided by a wide central
aisle. By tradition, Democrats sit on the left of the center aisle,
while Republicans sit on the right, as viewed from the presiding
officer's chair. Sittings are normally held on weekdays; meetings
on Saturdays and Sundays are rare. Sittings of the House are
generally open to the public and are broadcast live on television
by
C-SPAN.
The procedure of the House depends not only on the rules, but also
on a variety of customs, precedents, and traditions. In many cases,
the House waives some of its stricter rules (including time limits
on debates) by
unanimous consent.
Any member may block a unanimous consent agreement, but in
practice, objections are rare. The presiding officer enforces the
rules of the House, and may warn members who deviate from them. The
presiding officer uses a
gavel to maintain
order. The box in which legislation is placed to be considered by
the House is called the
hopper.
In one of its first resolutions, the U.S. House of Representatives
established the
Office
of the Sergeant at Arms.
In an American tradition adopted from
English custom in 1789 by the first Speaker of the House, Frederick Muhlenberg of Pennsylvania
, the House of Representatives’ mace is used both to
open all sessions of the House and during the inaugural ceremonies
for all Presidents of the United States. For daily sessions
of the House, the sergeant at Arms carries the mace in front of the
Speaker in procession to the
rostrum. It is
placed on a green marble pedestal to the Speaker's right. When the
House is in committee, the mace is moved to a pedestal next to the
desk of the Sergeant at Arms.
The Constitution provides that a majority of the House constitutes
a
quorum to do business. Under the rules and
customs of the House, a quorum is always assumed to be present
unless a
quorum call explicitly
demonstrates otherwise. House rules prevent any member from making
a point of order that a quorum is not present unless a question is
being voted upon; the presiding officer will not accept a point of
order of no quorum during general debate or when a question is not
before the House.
During debates, a member may only speak if called upon by the
presiding officer. The presiding officer may determine which
members to recognize, and may therefore control the course of
debate. All speeches must be addressed to the presiding officer,
using the words "Mr. Speaker" or "Madam Speaker." Only the
presiding officer may be directly addressed in speeches; other
members must be referred to in the third person. In most cases,
members do not refer to each other by name, but by state, using
forms such as "the gentleman from Virginia" or "the gentlewoman
from California."
Passage of legislation
Before legislation reaches the floor of the House, the
Rules Committee normally
passes a rule to govern debate on that measure. For instance, the
committee determines if amendments to the bill are permitted. An
"open rule" permits all germane amendments, but a "closed rule"
restricts or even prohibits amendment. Debate on a bill is
generally restricted to one hour, equally divided between the
majority and minority parties. Each side is led during the debate
by a "floor manager," who allocates debate time to members who wish
to speak. On contentious matters, many members may wish to speak;
thus, a member may receive as little as one minute, or even thirty
seconds, to make his/her point.
When debate concludes, the motion in question is put to a vote. In
many cases, the House votes by voice vote; the presiding officer
puts the question, and Members respond either "Yea" (in favor of
the motion) or "Nay" (against the motion). The presiding officer
then announces the result of the voice vote. Any member, however,
may challenge the presiding officer's assessment and "request the
yeas and nays" or "request a recorded vote." The request may be
granted only if it is seconded by one-fifth of the members present.
In practice, however, members of congress second requests for
recorded votes as a matter of courtesy. Recorded votes are
automatically held in some cases, such as votes on the annual
budget.
The House may vote in three manners. First, the House may vote by
electronic device; each member uses a personal identification card
to record his vote at one of 46 voting stations in the chamber.
Votes are almost always held by electronic device. Secondly, the
House may conduct a teller vote. Members hand in colored cards to
indicate their votes: green for "Yea," red for "Nay," and orange
for "Present" (i.e., to abstain). Teller votes are normally held
only when the computer system breaks down. Finally, the House may
conduct a
roll call vote. The Clerk
reads the list of members of the House, each of whom announces his
vote when his name is called. This procedure is reserved for very
formal votes (such as the election of a Speaker) because of the
time consumed by calling over four hundred names.
Voting traditionally lasts for fifteen minutes, but it may be
extended if the leadership needs to "whip" more Congressmen into
alignment. The 2003 vote on the Prescription Drug Benefit was open
for three hours, from 3:00 to 6:00 a.m., to receive four additional
votes, three of which were necessary to pass the legislation. The
2005 vote on the
Central American Free
Trade Agreement was open for one hour, from 11:00 p.m. to
midnight. An October 2005 vote on facilitating refinery
construction was kept open for forty minutes.
The presiding officer may vote, like any other member. If a vote is
tied, the presiding officer does not have a
casting vote (unless he has not yet cast his
vote). Instead, motions are decided in the negative when ties
arise.
Committees
The House uses committees (as well as their subcommittees) for a
variety of purposes, including the review of bills and the
oversight of the executive branch. The appointment of committee
members is formally made by the whole House, but the choice of
members is actually made by the political parties. Generally, each
party honors the preferences of individual congressmen and
congresswomen, giving priority on the basis of seniority.
Historically, membership on committees has been in rough proportion
to the party's strength in the House as a whole, with two
exceptions: on the Rules Committee, the majority party fills nine
of the thirteen seats; and on the Ethics Committee, each party has
an equal number of seats. However, when party control in the House
is closely divided, extra seats on committees are sometimes
allocated to the majority party (For example in the 109th Congress,
the Republicans controlled about 53% of the House as a whole, but
had 54% of the Appropriations Committee members, 55% of the members
on the Energy and Commerce Committee, 58% of the members on the
Judiciary Committee, and 69% of the members on the Rules
Committee).
The largest committee of the House is the
Committee
of the Whole, which, as its name suggests, consists of all
members of the House. The Committee meets in the House chamber; it
may consider and amend bills, but may not grant them final passage.
Generally, the debate procedures of the Committee of the Whole are
more flexible than those of the House itself. One advantage of the
Committee of the Whole is its
ability to include otherwise non-voting members of
Congress.
Most committee work is performed by twenty standing committees,
each of which has jurisdiction over a specific set of issues, such
as Agriculture or Foreign Affairs. Each standing committee
considers, amends, and reports bills that fall under its
jurisdiction. Committees have extensive powers with regard to
bills; they may block legislation from reaching the floor of the
House. Standing committees also oversee the departments and
agencies of the executive branch. In discharging their duties,
standing committees have the power to hold hearings and to
subpoena witnesses and evidence.
The House also has one permanent committee that is not a standing
committee, the
Permanent
Select Committee on Intelligence, and from time to time may
establish committees that are temporary and advisory in nature,
such as the
Select
Committee on Energy Independence and Global Warming. This
latter committee, created in the 110th Congress and reauthorized
for the 111th, has no jurisdiction over legislation and must be
chartered anew at the start of every Congress. The House also
appoints members to serve on joint committees, which include
members of both the Senate and the House.
Some joint committees
oversee independent government bodies; for instance, the Joint
Committee on the Library oversees the Library of
Congress
. Other joint committees serve to make
advisory reports; for example, there exists a
Joint
Committee on Taxation. Bills and nominees are not referred to
joint committees. Hence, the power of joint committees is
considerably lower than those of standing committees.
Each House committee and subcommittee is led by a chairman (always
a member of the majority party). From 1910 to the 1970s, committee
chairmen were very powerful.
Woodrow
Wilson in his classic study,, suggested:
Power is nowhere concentrated; it is rather
deliberately and of set policy scattered amongst many small
chiefs.
It is divided up, as it were, into forty-seven
seigniories, in each of which a Standing Committee is the
court-baron and its chairman lord-proprietor.
These petty barons, some of them not a little powerful,
but none of them within the reach of the full powers of rule, may
at will exercise almost despotic sway within their own shires, and
may sometimes threaten to convulse even the realm
itself.
From 1910 to 1975 committee and subcommittee chairmanship was
determined purely by seniority; men sometimes had to wait 30 years
to get one, but their chairmanship was independent of party
leadership. The rules were changed in 1975 to permit party
caucuses to elect chairmen, shifting power upward to
the party leaders. In 1995, Republicans under
Newt Gingrich set a limit of three two-year
terms for committee chairmen. The Democrats who took over in 2007
have not decided whether to continue the Gingrich rules. The
chairman's powers are extensive; they control the
committee/subcommittee agenda, and may prevent the committee from
dealing with a bill. The senior member of the minority party, is
known as the Ranking Member. In some committees like
Appropriations, partisan disputes are few.
Legislative functions
Most bills may be introduced in either House of Congress. However,
the Constitution provides that "All bills for raising Revenue shall
originate in the House of Representatives." As a result, the Senate
does not have the power to initiate bills imposing taxes.
Furthermore, the House of Representatives holds that the Senate
does not have the power to originate
appropriation bills, or bills authorizing
the expenditure of federal funds. Historically, the Senate has
disputed the interpretation advocated by the House. However,
whenever the Senate originates an appropriations bill, the House
simply refuses to consider it, thereby settling the dispute in
practice.
The constitutional provision barring the
Senate from introducing revenue bills is based on the practice of
the British Parliament
, in which only the House of
Commons
may originate such measures.
Although it cannot originate revenue bills, the Senate retains the
power to amend or reject them. As
Woodrow
Wilson wrote: [T]he Senate's right to amend [revenue bills] has
been allowed the widest possible scope. The upper house may add to
them what it pleases; may go altogether outside of their original
provisions and tack to them entirely new features of legislation,
altering not only the amounts but even the objects of expenditure,
and making out of the materials sent them by the popular chamber
measures of an almost totally new character.
The approval of both the Senate and the House of Representatives is
required for any bill, including a revenue bill, to become law.
Both Houses must pass the exact same version of the bill; if there
are differences, they may be resolved by a
conference committee, which includes
members of both bodies. For the stages through which bills pass in
the Senate, see
Act of
Congress.
The President may veto any bill passed by the House and Senate; if
he does, the bill cannot become law unless both chambers reconsider
the bill and a two-thirds majority in each chamber support
re-passage of the bill over the objections of the President. (see
Veto override).
Checks and balances
The Constitution provides that the Senate's "
advice and consent" is necessary for the
President to make certain appointments and to ratify treaties,
while the House must confirm the nomination of a new Vice President
under the
25th
Amendment. Thus, in terms of potential to frustrate
Presidential appointments, the powers of the Senate are more
extensive than those of the House.
The Constitution empowers the House of Representatives to
impeach federal officials for "
Treason,
Bribery, or other
high
Crimes and
Misdemeanors" and empowers the Senate to try
such impeachments. The House may approve "articles of impeachment"
by a simple majority vote; however, a two-thirds vote is required
for conviction in the Senate. A convicted official is automatically
removed from office; in addition, the Senate may stipulate that the
defendant be banned from holding office in the future. No further
punishment is permitted during the impeachment proceedings;
however, the party may face criminal penalties in a normal court of
law.
In the history of the United States, the House of Representatives
has impeached sixteen officials, of whom seven were convicted.
(Another,
Richard Nixon, resigned
after the
House Judiciary
Committee passed
articles of
impeachment but before a formal impeachment vote by the full
House.) Only two Presidents of the United States have ever been
impeached:
Andrew Johnson in 1868 and
Bill Clinton in 1998. Both trials ended
in acquittal; in Johnson's case, the Senate fell one vote short of
the two-thirds majority required for conviction.
Under the
Twelfth
Amendment, the House has the power to elect the President if no
presidential candidate receives a majority of votes in the
Electoral College. The
Twelfth Amendment requires the House to choose from the three
candidates with the highest numbers of electoral votes. The
Constitution provides that "the votes shall be taken by states, the
representation from each state having one vote." Electoral College
deadlocks are rare; in the history of the United States, the House
has only had to break a deadlock twice. In 1800, it elected
Thomas Jefferson over
Aaron Burr; in 1824, it elected
John Q. Adams
over
Andrew Jackson and
William H. Crawford. The power to elect the Vice
President in the case of an Electoral College deadlock belongs to
the Senate.
Latest election results and party summary

Current percentage of House members
for each party by state.
| Affiliation |
Members |
Delegates
/ Resident
Commissioner
(non-voting)
|
States with
majority of
Members
|
Democratic
Party |
258 |
6* |
33
|
Republican
Party |
177 |
0 |
16 |
| |
Vacant |
0 |
0 |
| Total |
435 |
6 |
| Republican-Democratic Party Split |
81 |
*Gregorio Sablan
(I-Northern Mariana Islands) caucuses with the Democrats and is
counted as part of the Democratic Caucus.
Note:
John McHugh (R, NY-23) resigned
to become
United
States Secretary of the Army, and
Ellen Tauscher (D, CA-10) resigned to become
Undersecretary of State for Arms Control and International
Security. They were replaced by Democrats
Bill Owens and
John Garamendi respectively on November 4,
2009.
See also
References
Surveys
Before 1945
- David W. Brady and Mathew D. McCubbins. Party, Process, and
Political Change in Congress: New Perspectives on the History of
Congress (2002)
- Brady, David W. Congressional Voting in a Partisan Era: A
Study of the McKinley Houses and a Comparison to the Modern House
of Representatives. U. Pr. of Kansas, 1973. 273 pp.
- Cooper, Joseph. The Origins of the Standing Committees and
the Development of the Modern House. Rice U. Press, 1970. 167
pp.
- Linda Grant de Pauw, Charlene Bangs Bickford, and Kenneth R.
Bowling, eds. Documentary History of the First Federal Congress
of the United States of America, March 4, 1789-March 3, 1791
(1992–2006) 14 volumes of primary documents
- Ronald L. Hatzenbuehler, "Party Unity and the Decision for War
in the House of Representatives in 1812," William and Mary
Quarterly 29 (1972): 367–90;
- Henig, Gerald S. Henry Winter Davis: Antebellum and Civil
War Congressman from Maryland. 1973. 332 pp. Radical leader in
Civil War era
- Klingman, Peter D. Josiah Walls: Florida's Black
Congressman of Reconstruction. U. Press of Florida, 1976. 157
pp.
- Lowitt, Richard. George W. Norris: The Making of a
Progressive, 1861-1912 Vol. 1. Syracuse U. Press,
1963. leader of Republican insurgents in 1910
- Margulies, Herbert F. Reconciliation and Revival: James
R. Mann and the House Republicans in the Wilson Era.
Greenwood, 1996. 242 pp.
- Patterson, James. Congressional Conservatism and the New
Deal: The Growth of the Conservative Coalition in Congress,
1933-39 (1967)
- Robert V. Remini. Henry Clay: Statesman for the Union
(1992) . Speaker for most of 1811–1825
- Strahan, Randall; Moscardelli, Vincent G.; Haspel, Moshe; and
Wike, Richard S. "The Clay Speakership Revisited" Polity
2000 32(4): 561–593. ISSN 0032-3497 uses roll call analysis
- Stewart, Charles H., III. Budget Reform Politics: The
Design of the Appropriations Process in the House of
Representatives, 1865-1921. Cambridge U. Press, 1989. 254
pp.
- Story, Joseph. (1891).
Commentaries on the Constitution of the United States. (2
vols). Boston: Brown & Little.
- Trefousse, Hans L. Thaddeus Stevens: Nineteenth-Century
Egalitarian (1997) majority leader in 1860s
- Waller, Robert A. Rainey of Illinois: A Political
Biography, 1903-34. U. of Illinois Press, 1977. 260 pp.
Democratic Speaker 1932–34
- Wilson, Woodrow. (1885).
Congressional Government. New York: Houghton Mifflin.
Since 1945
- Abramowitz, Alan I. and Kyle L. Saunders. 1998. Ideological
Realignment in the US Electorate. Journal of Politics
60(3):634–652.
- Adler, E. Scott. Why Congressional Reforms Fail: Reelection
and the House Committee System. Univ. of Chicago Press,
2002.
- Albert, Carl and Goble, Danney. Little Giant: The Life and
Times of Speaker Carl Albert. U. of Oklahoma Press, 1990. 388
pp. Speaker in 1970s
- Barone, Michael, and Grant Ujifusa, The Almanac of American
Politics 2006: The Senators, the Representatives and the Governors:
Their Records and Election Results, Their States and Districts
(2005). Published every two years since 1975; enormous detail on
every state and district and member.
- Barry, John M. The Ambition and the Power: The Fall of Jim
Wright. A True Story of Washington. Viking, 1989. 768
pp. Speaker in 1980s
- Berard, Stanley P. Southern Democrats in the U.S.
House of Representatives. U. of Oklahoma Press, 2001. 250
pp.
- Berman, Daniel M. (1964). In Congress Assembled: The
Legislative Process in the National Government. London: The
Macmillan Company.
- "Biographical Directory of the United States Congress,
1774-2005." Washington: Government Printing Office, 2005. Prepared
by the Office of the Clerk, Office of History and Preservation,
United States House of Representatives. Contains biographical
entries for every Member of Congress. Also online at Biographical
Directory.
- Congressional Quarterly Congress and the Nation: 2001-2004:
A Review of Government and Politics: 107th and 108th
Congresses (2005); massive, highly detailed summary of
Congressional activity, as well as major executive and judicial
decisions; based on Congressional Quarterly Weekly Report
and the annual CQ almanac.
- Congressional Quarterly, Congress and the Nation:
1997-2001 (2002)
- Congressional Quarterly, Congress and the Nation:
1993-1996 (1998)
- Congressional Quarterly, Congress and the Nation:
1989-1992 (1993)
- Congressional Quarterly, Congress and the Nation:
1985-1988 (1989)
- Congressional Quarterly, Congress and the Nation:
1981-1984 (1985)
- Congressional Quarterly, Congress and the Nation:
1977-1980 (1981)
- Congressional Quarterly, Congress and the Nation:
1973-1976 (1977)
- Congressional Quarterly, Congress and the Nation:
1969-1972 (1973)
- Congressional Quarterly, Congress and the Nation:
1965-1968 (1969)
- Congressional Quarterly, Congress and the Nation:
1945-1964 (1965), the first of the series
- Congressional
Quarterly's Guide to Congress, 5th ed. (2000). Washington,
D.C.: Congressional Quarterly Press.
- Cox, Gary W. and McCubbins, Mathew D. Legislative
Leviathan: Party Government in the House. U. of California
Press, 1993. 324 pp.
- C-SPAN. (2003). "Capitol
Questions."
- Currie, James T. The United States House of
Representatives. Krieger, 1988. 239 pp short survey
- DeGregorio, Christine A. Networks of Champions: Leadership,
Access, and Advocacy in the U.S. House of
Representatives. U. of Michigan Press, 1997. 185 pp.
- Dierenfield, Bruce J. Keeper of the Rules: Congressman
Howard W. Smith of Virginia U. Press of Virginia,
1987. 306 pp. leader of Conservative coalition 1940–66
- Farrell, John A. Tip O'Neill and the Democratic
Century Little, Brown, 2001. 776 pp. Democratic Speaker in
1980s
- Gertzog, Irwin J. Congressional Women: Their Recruitment,
Treatment, and Behavior Praeger, 1984. 291 pp.
- Hardeman, D. B. and Bacon, Donald C. Rayburn: A
Biography. Texas Monthly Press, 1987. 554 pp.
- Hechler, Ken. Toward the Endless Frontier: History of the
Committee on Science and Technology, 1959-79. Washington:
Government Printing Office, 1980. 1073 pp.
- Hibbing, John R. Congressional Careers: Contours of Life in
the U.S. House of Representatives. U. of North
Carolina Press, 1991. 213 pp.
- Jacobs, John. A Rage for Justice: The Passion and Politics
of Phillip Burton. U. of California Press., 1995. 578 pp.
leader of liberal Democrats in 1970s
- Jacobson, Gary C. The Electoral Origins of Divided
Government: Competition in U.S. House Elections,
1946-1988. Westview, 1990. 152 pp.
- Kiewiet, D. Roderick and McCubbins, Mathew D. The Logic of
Delegation: Congressional Parties and the Appropriations
Process. U. of Chicago Press, 1991. 286 pp.
- Merriner, James L. Mr. Chairman: Power in Dan
Rostenkowski's America. Southern Illinois U. Pr., 1999. 333
pp.
- Price, David E. The Congressional Experience: A View from
the Hill. Westview, 1992. 194 pp. Political scientist who
served in House.
- Rohde, David W. Parties and Leaders in the Postreform
House. U. of Chicago Press, 1991. 232 pp.
- Rohde, David W. and Kenneth A. Shepsle, "Leaders and Followers
in the House of Representatives: Reflections on Woodrow Wilson's
Congressional Government," Congress & the Presidency
14 (1987): 111–33
- Schooley, C. Herschel. Missouri's Cannon in the House.
Marceline, Mo.: Walsworth, 1977. 282 pp. Chaired
Appropriations in 1960s
- Schickler, Eric. Disjointed Pluralism: Institutional
Innovation and the Development of the U.S. Congress
(2001)
- Shelley II, Mack C. The Permanent Majority: The
Conservative Coalition in the United States Congress
(1983)
- Sinclair, Barbara. Legislators, Leaders, and Lawmaking: The
U.S. House of Representatives in the Postreform Era.
Johns Hopkins U. Press, 1995. 329 pp.
- Sinclair, Barbara. Congressional Realignment,
1925-1978. U. of Texas Press, 1982. 201 pp.
- Steinberg, Alfred. Sam Rayburn: A Biography. Hawthorn,
1975. 391 pp. popular biography
- Strahan, Randall. New Ways and Means: Reform and Change in
a Congressional Committee. U. of North Carolina Press, 1990.
218 pp.
- VanBeek, Stephen D. Post-Passage Politics: Bicameral
Resolution in Congress. U. of Pittsburgh Press, 1995. 227
pp.
- Zelizer, Julian E. On Capitol Hill : The Struggle to Reform
Congress and its Consequences, 1948-2000 (2006)
Notes
- See Public Law 62-5 of 1911, though Congress has
the authority to change that number
- Exclusive revenue bill initiation in Section 7, Article 1 of
the Constitution; and "sole power of impeachment" in
Section 2, Article 1; and the power to elect President if no
candidate receives a majority of electoral votes in Article 1,
Section 2, and in the 12th Amendment.
- Article I,
Section 2.
- See , passed January 24, 2007. On April 19, 2007, the House of
Representatives passed the DC House Voting Rights Act of 2007, a
bill "to provide for the treatment of the District of Columbia as a
Congressional district for purposes of representation in the House
of Representatives, and for other purposes" by a vote of 241–177.
That bill proposes to increase the House membership by two, making
437 members, by converting the District of Columbia delegate into a
member, and (until the 2010 census) grant one membership to
Utah, which is the state next
in line to receive an additional district based on its population
after the 2000 Census. The bill was under
consideration in the U.S. Senate during the 2007 session.
- "no district to elect more than one Representative"
- See Powell v. McCormack, a U.S. Supreme
Court case from 1969
- http://www.rules.house.gov/Archives/rl31382.pdf
- Schaffer v. Clinton
- USGovInfo.com (accessed 2007-12-14).
- rules.house.gov
- ethics.house.gov
- Congressional Government: A Study in American Politics (1885,
Boston: Houghton, Mifflin)
External links