Kara Sears
The US Senate and House of Representatives have different ways of processing legislation, with the House able to act more swiftly due to its numerical majority, while the Senate favours a more deliberative approach, with individual senators having more procedural power. The Senate has the power to confirm presidential nominations and approve treaties, and it can also amend or adopt changes to a treaty. The House is the only chamber that can initiate revenue-related legislation.
| Characteristics | Values |
|---|---|
| Term of office | House members serve for two years, while Senators serve for six years |
| Number of members | There are 435 members in the House, while the Senate has 100 members |
| Legislative process | The House processes legislation through a majority vote, while the Senate favors deliberation and debate prior to voting |
| Powers | The House has the power to impeach government officials, while the Senate confirms presidential nominations and approves treaties |
| Rules | The House and Senate have different rules and procedures for processing legislation, with the House allowing a numerical majority to act quickly and the Senate providing more leverage to individual senators |
| Filibuster | The Senate has historically used the filibuster to delay or block legislation |
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![The quest for power; the lower houses of assembly in the Southern Royal colonies 1689-1776. 1963 [Leather Bound]](https://m.media-amazon.com/images/I/81nNKsF6dYL._AC_UY218_.jpg)
What You'll Learn
The Senate confirms presidential nominations
The U.S. Constitution grants all legislative powers to a bicameral Congress, which consists of the House of Representatives and the Senate. While both chambers are equal in their legislative roles and functions, there are certain exceptions. One such exception is that only the Senate confirms presidential nominations.
The Senate has the function of advising and consenting to certain nominations by the President. This includes confirming the President's nomination for Vice-President when there is a vacancy in that office. The Senate also has the power to approve treaties made by the executive branch. The President may enter into executive agreements with foreign nations that are not subject to Senate approval.
The process by which the Senate confirms presidential nominations differs from that of the House of Representatives. The Senate values deliberation and debate prior to voting, whereas the House processes legislation through a numerical majority vote. Senators have significant procedural leverage, and individual senators can delay debate or block legislation using the filibuster.
The Senate has the sole power to conduct impeachment trials, serving as a jury and judge. The House of Representatives, on the other hand, presents the charges in impeachment proceedings, functioning similarly to a grand jury.
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The Senate can expel its members
The U.S. Senate has the power to expel its members. Article I, section 5, of the U.S. Constitution states that each house of Congress may "punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member." Since 1789, the Senate has expelled only 15 members. The process of expulsion involves an investigation by a subcommittee, which collects evidence, interviews witnesses, and holds a hearing. The subcommittee then votes on whether the member is found to have committed the actions in question and makes recommendations, including expulsion, to the full Senate. The full Senate then votes to accept, reject, or alter the subcommittee's recommendation, with a two-thirds majority required for expulsion.
There have been several notable instances of senators facing expulsion or resigning amid investigations. In 1808, Senator John Smith of Ohio was implicated in a conspiracy to invade Mexico but expulsion failed with a vote of 19-10, less than the required two-thirds majority. In 1862, Senator Lazarus W. Powell of Kentucky faced expulsion for supporting the Confederate rebellion, but this was not successful. In 1873, Senator James W. Patterson of New Hampshire was accused of corruption, and expulsion was recommended by a select committee; however, no further action was taken as his term expired shortly thereafter.
In some cases, senators have resigned before the Senate could take action on expulsion. In 1862, Senator James F. Simmons of Rhode Island resigned after the Judiciary Committee found charges of corruption against him to be "essentially correct." In 1906, Senator Joseph R. Burton of Kansas also resigned amid accusations of corruption. In other instances, the Senate has taken no action on expulsion recommendations, such as in the case of Senator William N. Roach of North Dakota, who was accused of embezzlement but not expelled as the alleged behaviour occurred before his election to the Senate.
The Senate has also seen instances of posthumous expulsion and reversal. Senator William K. Sebastian of Arkansas was expelled posthumously, but his expulsion was later reversed. Overall, expulsion has been a rare disciplinary action in the Senate, with censure being a more common form of punishment as it requires a lower threshold of votes.
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The Senate can use the filibuster to delay or block legislation
The filibuster has been used since the 19th century and has a racist history, with pro-slavery senators using it to protect the interests of Southern white landowners who depended on slave labor. In 1917, the Senate passed Rule XXII, or the cloture rule, which made it possible to end a filibuster with a two-thirds majority. However, in 1975, the number of votes required for cloture was reduced from two-thirds (67) to three-fifths (60). This has led to the modern era, where an effective supermajority is required to pass legislation.
The filibuster has been criticised for impeding the expansion of American democracy and the rights of eligible voters. For example, in 2020, former President Barack Obama called the filibuster a "Jim Crow relic" and argued that it should be eliminated if used to block voting reforms. The filibuster has also been used to block civil rights legislation, with half of the measures derailed by the filibuster between 1917 and 1994 involving civil rights.
Despite criticism and attempts to restrict the filibuster, it remains a powerful tool for senators to delay or block legislation.
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The Senate can approve treaties
The US Constitution grants the Senate the power to approve treaties negotiated by the President and his representatives. This is known as the Treaty Clause, which vests the power to make treaties in the national government. Treaties are binding agreements between nations and become part of international law. They are negotiated by the Executive Branch, but the President requires the approval of at least two-thirds of the Senate to ratify them.
The President has the sole power to negotiate treaties, but the Senate can amend or adopt changes to a treaty. The President is not obligated to ratify a Senate-approved treaty, and in some cases, they may decline to do so. The President may also enter into executive agreements with foreign nations that are not subject to Senate approval.
The Senate has considered and approved most of the treaties presented to it, although many have died in committee or been withdrawn by the President. The Senate's approval of treaties is an important check on the President's power to negotiate and ratify international agreements. It ensures that treaties have the support of a significant portion of the Senate and helps to prevent the US from becoming entangled in agreements that may not be in its best interests.
The process of approving a treaty in the Senate involves the Committee on Foreign Relations reviewing the treaty and then voting to approve or reject a resolution of ratification. If the resolution passes, ratification takes place through the exchange of instruments of ratification between the US and the foreign power(s).
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The Senate can amend or adopt changes to a treaty
The United States Constitution provides that the president has the power to make treaties with the "advice and consent" of the Senate, provided that two-thirds of the Senators present concur. Treaties are binding agreements between nations and become part of international law. Treaties to which the United States is a party also have the force of federal legislation, forming part of what the Constitution calls "the supreme law of the land".
The Senate does not ratify treaties. Instead, it either approves or rejects a resolution of ratification. If the resolution passes, then ratification takes place when the instruments of ratification are formally exchanged between the United States and the foreign power(s). The Senate has considered and approved for ratification all but a small number of treaties negotiated by the president and his representatives. In some cases, when Senate leadership believed a treaty lacked sufficient support for approval, the Senate simply did not vote on the treaty and it was eventually withdrawn by the president.
The Senate may also amend a treaty or adopt changes to a treaty. During treaty debates, RUDs (reservations, understandings, and declarations) can be proposed and, if passed, become attached to the resolution. These RUDs are attached as conditions to treaties to clarify how the agreement will work in practice. Sometimes, they might acknowledge the need for further legislation, such as to provide funding for enforcement.
The House of Representatives and the Senate are fundamentally equal in their legislative roles and functions. However, only the House can originate revenue legislation, and only the Senate confirms presidential nominations and approves treaties. The enactment of law always requires both chambers to separately agree to the same bill in the same form before presenting it to the President.
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Frequently asked questions
The Senate is the only chamber that can draft legislation related to presidential nominations and treaties. The House, on the other hand, is the only chamber that can initiate tax and revenue-related legislation.
The Senate tends to favour deliberation and debate prior to voting, whereas the House processes legislation through a simple majority vote. Senators vote in a variety of ways, including roll call votes, voice votes, and unanimous consent.
Senators serve 6-year terms, whereas members of the House of Representatives serve 2-year terms.
The Senate has the power to review and approve or reject presidential appointees to executive and judicial branch posts.
