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Return to Law Dictionary Index
The Legislative Branch of the U.S. Government
Congress
As has been stated earlier, Congress includes two distinct houses- the Senate and the House. The House represents the people of the States based upon the population of each, while the Senate allows two Senators to each state regardless of population.
House of Representatives
Every ten years, the United States conducts a Census to determine the population of each state. Then, each state is apportioned, or allocated, a number of seats based on its Census population, with the more populous states receiving more seats than the less populous ones. Currently, one seat equals roughly 600,000 constituents. However, no matter how low a state's population is, it is always entitled to at least one seat.
In addition to representatives for the states, five American territories- the District of Columbia, Puerto Rico, Guam, the US Virgin Islands, and American Samoa- each choose non-voting members. Puerto Rico chooses a "Resident Commissioner" for a four-year term, while the others choose "Delegates" for two-year terms.
Representatives hold office for two-year terms. The election for Representatives is held on the Tuesday immediately after the first Monday in November of every even numbered year. A Representative actually takes office on January 3rd after the election.
No person may be a Representative unless he qualifies under the Constitution as follows. The requirements are: at least twenty-five years of age, inhabitance in the state of election, and citizenship of the United States for at least seven years.
Though no specific number of Representatives is set by the Constitution, the law of the United States sets the number of Representatives at 435.
The House of Representatives elects a Speaker who is supposed to preside over House meetings. However, in practice, a deputy of the Speaker presides during most sessions. The Speaker of the House does have a significant role in that he is third in line to the Presidency.
Because of its size, the House relies heavily upon fixed rules and strict timetables for debate. When bills are debated on the floor of the House, each party's leader is allocated a fixed amount of time to present their argument for or against the bill, and they can appropriate this time to members of their party as they see fit. During House debates, it is common for representatives to "yield their time" to one another. Times for debate and other procedures are set by the House Rules Committee, which is generally considered to be one of the most powerful committees in Congress.
Senate
Each state is entitled to two senators regardless of population. Originally, the state legislatures chose the senators. However, the people of the states choose their own senators at present.
Senators hold office for six-year terms. Elections are held every two years, at the same time as the election for Representatives. The Senators are classified into three separate classes. At each election, the Senate seats of one particular class are up for election.
Constitutional requirements for Senators are slightly more strict than those for Representatives. The qualifications are: at least thirty years of age, inhabitance in the state of election, and citizenship of the United States for at least nine years.
The Vice President of the United States presides over the Senate and holds the title of President of the Senate. His power is considerably lesser than that of the Speaker. He also does not have a vote in the Senate, unless the Senate is tied. As the Vice President normally does not attend unless there is a likelihood of a tie vote, the Senate chooses one of its members to be President of the Senate pro tempore, or temporarily. The President pro tem, as he is often called, is normally the most senior Senator of the majority party. Just as in the house, the President or President pro tem does not preside during most meetings; this task is often given to new Senators so that they may learn the procedures of the body. This is not as easily possible in the House because of the much greater authority of whoever presides over the Representatives.
In comparison to the House, the Senate has relatively few procedural rules, and no fixed schedules for debate. It is possible for a Senator to continue speaking for hours on end to delay unwanted legislation: this tactic is called a "filibuster." Any individual Senator is also allowed, by Senate rules, to stop the introduction of a bill with a motion from the floor, although this is almost never done in practice.
Party leaders, committees, and caucuses
Both major political parties (the Republican Party and the Democratic Party) have designated floor leaders in both houses of Congress. The floor leader for the majority party is called the House (or Senate) Majority Leader, while the floor leader for the minority party is called the House (or Senate) Minority Leader. The second-in-command of each party's delegation is called the Whip, as their job is to "whip" other members of the party into action on various legislative measures.
Each party's leadership is responsible for allocating its members to committees. There are a number of "standing committees" in each house, dedicated to various government functions such as the armed forces, education, and transportation. At any time, there are also several "select committees" that are set up for more timely problems such as government reforms. Occasionally, both houses of Congress will establish a "joint committee" to deal with certain issues.
There are also many less formal associations in Congress, known as "caucuses," which are formed by members interested in various issues, such as relations with specific countries, ethnic issues, and industrial sectors.
Source: Wikibooks
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