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Article I, Section 2 Explained: Structure and Role of the House of Representatives

Written by Santiago Poli on Feb 29, 2024

Understanding the U.S. House of Representatives is crucial for grasping how laws are made and the broader mechanics of the U.S. government. Here's a simplified breakdown:

  • The House of Representatives is a key part of Congress, responsible for making laws.

  • Members are elected every 2 years, based on state populations, with qualifications including age, citizenship, and residency.

  • Powers include starting tax and spending bills, impeaching officials, and overseeing the government.

  • Structure involves 435 members, divided into committees that handle specific policy areas.

  • Historical Context shows the evolution from voting rights limited to white male property owners to universal suffrage.

  • Contemporary Issues involve debates over redistricting, gerrymandering, and voting rights.

This introduction aims to provide a clear and concise overview of the House's role, structure, and significance in the U.S. political system.

Departure from English Law

When the U.S. made its rules about how to pick people for the House of Representatives, it decided to do things very differently from England and even from some of its own states. In England, people didn't vote directly for their leaders. But in the U.S., the Constitution said, "Let's let the people vote directly for who they want." This was a big change and meant more people could have a say in who represents them.

Initial Voting Exclusions

Even though this new rule let more people vote, it didn't let everyone vote. At first, only white men who owned certain things could vote. This left out a lot of people, like women, African Americans, Native Americans, and white men who didn't own enough. Over time, though, new laws made it so everyone could vote, no matter their race, gender, or if they had enough money.

Minimal Qualifications to Serve

To be in the House, you didn't need to own a lot or be very rich. You just had to be 25 years old, have been a U.S. citizen for 7 years, and live in the state you want to represent. This made it easier for more people, not just the rich ones, to have a chance to be elected and help make laws.

Structure of the House of Representatives

Composition

The House of Representatives is made up of 435 people who vote on laws. These people, called representatives, come from all 50 states. How many representatives each state gets depends on how many people live there, which is figured out every 10 years through a big count called the census. Every state gets at least one representative, but bigger states with more people get more representatives. For instance, California has 53, but smaller states like Wyoming only have one.

Since 1929, the number of representatives has been set at 435. But, which states get more or fewer seats can change based on the census results. If a state's population goes up a lot compared to other states, it might get more seats. If its population goes down, it might lose seats.

Elections

Representatives are chosen every two years by people living in areas called districts. Each state has at least one district, but larger states have more. These districts are supposed to have about the same number of people so that everyone's vote matters the same.

After the census, states might change the district lines to make sure populations are still even. But, sometimes the political party in charge tries to draw lines that help them win, which is not very fair. This is called gerrymandering.

Qualifications

To be a representative, you don't need much:

  • You have to be at least 25 years old.

  • You need to have been a U.S. citizen for 7 years.

  • You must live in the state you want to represent.

There's no need to be rich, own property, or have a certain education. The people who made the Constitution wanted regular folks to have a chance to be in charge, not just the rich or powerful. This is different from how things were in England, where mainly wealthy landowners could be in charge.

The Role and Powers of the House

The House of Representatives has a big job in making laws and keeping an eye on how the government works. Let's break down what they do into simpler parts.

Legislative Functions

The House's main job is to work on bills, which are ideas for new laws. Here’s how it goes:

  • Members of the House can suggest new bills about anything, but if it's about making money for the government, it has to start here.

  • They send these bills to special groups, called committees, to check them out and make changes.

  • Then, everyone in the House talks about the bills and can suggest more changes before deciding if they agree with them.

  • If the House says yes to a bill, it goes to the Senate. Both parts of Congress have to agree on the exact same bill before it can go to the President.

The House also checks on the other parts of the government to make sure they're doing their jobs right. They can ask for information and have meetings to learn more.

Initiation of Revenue Bills

The Constitution says that any bill about making money, like taxes, has to start in the House. This is because the House is supposed to represent the people closely, and money matters affect everyone.

This rule covers bills that decide how to spend government money and how to collect it, like through taxes or fees. It's a way for people to have a say in how their money is used by the government.

Sole Power of Impeachment

Only the House can start the process to impeach, or formally accuse, a federal official of doing something very wrong. If the House thinks someone should be impeached, they vote on it.

If they vote yes, the case goes to the Senate, which acts like a court to decide if the person is guilty. If the Senate finds the person guilty, they can be removed from their job and possibly banned from holding a government job again.

So, the House has some important jobs: starting bills about money, impeaching officials, and making sure the government does its job right. With the Senate, they work together to make laws that affect everyone's life.

Apportionment and Representation

The Apportionment Process

Every 10 years, the government counts everyone in the country. This count is called the census. They use this information to decide how many people from each state get to be in the House of Representatives. Here's how it works:

  • The Census Bureau counts everyone in the country.

  • They divide the total number of people by 435, because there are 435 seats in the House. This tells them how many people should be represented by one seat.

  • States get seats based on how many people they have compared to the total population. So, if a state has 5% of the country's people, it gets about 5% of the seats, or 22 seats.

  • Every state gets at least one seat, no matter how small it is.

This way, as more people move into a state or if the population goes up or down, the number of representatives that state has in the House can change.

The Three-Fifths Compromise

Originally, the Constitution said to count each slave as three-fifths of a person when figuring out how many representatives a state should have. This was called the Three-Fifths Compromise. It meant states with many slaves got more representatives than if slaves weren't counted, but not as many as if slaves were fully counted.

Repeal and Changes Over Time

After the Civil War, this rule was removed. The 14th Amendment made it clear that everyone counts as one person for deciding how many representatives a state gets. Since then, as people move around and the population changes, so does the number of representatives for each state. But the way we figure out how many representatives each state gets has stayed the same since the rule about counting slaves was removed.

The Evolution of Voting Rights and Representation

Constitutional Amendments Expanding the Franchise

Over time, the rules about who can vote in the U.S. have changed a lot. At first, only white men who owned stuff could vote. But several big changes, called amendments, made voting fairer.

Key changes include:

  • 15th Amendment (1870) - Said you can't stop someone from voting because of their race or skin color. This was especially for African Americans after the Civil War.

  • 19th Amendment (1920) - Said you can't stop someone from voting because they are a woman. This let women vote all over the country.

  • 24th Amendment (1964) - Said you can't make people pay to vote in national elections. This helped poor people vote more easily.

  • 26th Amendment (1971) - Made the voting age 18 for everyone. The idea was if you're old enough to be in the army, you're old enough to vote.

These changes made it possible for more people to vote.

Federal Voting Rights Legislation and Enforcement

Besides these amendments, Congress also made laws to stop unfair voting rules. Some important ones are:

  • Voting Rights Act of 1965 - This big law helped African Americans vote by stopping states from using tricky rules to keep them from voting.

  • Voting Accessibility for the Elderly and Handicapped Act of 1984 - Made sure people with disabilities and older folks could get into polling places easily.

  • National Voter Registration Act of 1993 - Made it easier to sign up to vote at places like the DMV. The goal was to get more people voting.

The government can step in if states don't follow these voting rights rules.

Supreme Court Rulings on Representation and Redistricting

The Supreme Court also made some big decisions that help make sure everyone's vote counts the same:

  • Baker v. Carr (1962) - Said that courts can check if voting districts are fair. This led to making sure all districts have about the same number of people.

  • Wesberry v. Sanders (1964) - Said that all voting districts in a state need to have the same number of people for Congress elections. This makes it fairer.

  • Reynolds v. Sims (1964) - Made sure state voting districts are also fair and have about the same number of people.

These decisions help keep voting fair by making sure every vote matters the same.

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The House in Practice: Committees, Leadership, and Operations

House Committees

The House splits up its big list of tasks among over 20 groups called committees and subcommittees. Here are a few important ones:

  • Appropriations Committee - They decide how the government spends its money.

  • Armed Services Committee - They look after everything related to the military.

  • Budget Committee - They plan out the government's budget for the year.

  • Energy and Commerce Committee - They handle rules about business across states, healthcare, the environment, energy, and more.

  • Financial Services Committee - They oversee banks, financial markets, houses, and loans.

  • Judiciary Committee - They work on changing laws about crime and other legal stuff.

  • Rules Committee - They set the rules for how debates and discussions happen.

These groups focus on specific areas, like health or money, and check out new laws, hold meetings to learn more, fix up the wording, and decide if the full House should think about the law.

Party Leadership

The Speaker of the House is the boss of the majority party and leads debates. The minority party picks a Minority Leader to help plan their moves. Each party also has whips (majority whip and minority whip) who help get votes and push the party's plans forward.

A Day in the Life of a Representative

A Representative's day can be super busy. They might go to committee meetings, vote on laws, talk to people they represent, go to information sessions, and look over new laws and messages. Their days start early and end late, and their plans can change a lot. When Congress is meeting, they spend most of their time at the Capitol. When it's not meeting, they work back in their home areas.

Contemporary Issues and Debates

Redistricting and Gerrymandering Controversies

When it's time to draw new areas for voting, sometimes the group in charge uses tricks to make sure they have a better chance to win. They might draw the lines in a way that groups certain voters together or spreads them out, making it hard for them to have a big impact. People argue this isn't fair because it messes with the idea that everyone's vote should count the same.

The big problems here are:

  • Using special computer programs to make very specific voting areas that help one party

  • Putting minority voters into just a few areas so they don't have much power elsewhere

  • Breaking up minority groups across many areas so their vote is weaker

  • Not having clear rules on when drawing lines this way is wrong

Some people think we should have independent groups, not political parties, decide on these voting areas. They also want the courts to step in more when things seem unfair.

'One Person, One Vote' Questions

There's a debate on who should be counted when making voting areas equal. Should it be everyone living there, just people who can vote, or something else? Right now, areas need to have about the same number of people, but some say this isn't fair to voters in places with lots of people who can't vote. Others say counting only voters would leave out many, especially in poorer or minority areas.

Proposed Reforms and Changes

People have lots of ideas on how to make voting and making laws better. Some suggestions include:

  • Making the House bigger so each member represents fewer people

  • Changing to a system where the number of seats a party gets matches how many votes they get

  • Having independent groups, not politicians, draw voting area lines

  • Making rules against drawing lines just to help a party

  • Making it easier for everyone to vote

  • Letting people in jail vote

  • Lowering the age you need to be to vote to include more people

But, making these changes is hard. People can't agree on what's best, and there are lots of rules in the way.

Conclusion

Article I, Section 2 of the Constitution talks about how the House of Representatives should work. It says that the people should choose members directly, how many members each state gets depends on its population, and that the House has the special job of starting impeachment processes. This makes the House the part of the government that's closest to us, the people.

Over the years, making sure more people can vote and getting rid of the Three-Fifths Compromise have helped the House better represent all Americans. Today, discussions about making voting easier, fixing how voting areas are drawn, and thinking about changes keep Article I, Section 2 very important for our democracy.

For people who work in law, knowing about the House's setup and powers helps understand how new laws come about. There are services that help law firms by providing assistants who can track and explain all the complex steps of making laws and other government actions. These assistants offer support in managing cases, researching, and preparing for court, helping law firms adjust to political changes. By using these services, law firms can keep up with opportunities and challenges without getting overwhelmed.

What does Section 1 of Article II discuss?

Article II, Section 1 of the Constitution sets up the executive branch, which is all about the President. It covers:

  • Who can be President

  • How the President is elected using the Electoral College

  • The promise the President makes to do their job, called the oath of office

  • How much the President gets paid and how long they can stay in office

Basically, this part tells us how someone becomes President and what the job involves.

What determines the number of representatives a State will have according to Article 1 Section 2 of the Constitution?

Article I, Section 2 explains that the number of representatives each state has in the House is based on its population. This is figured out every 10 years with the census. Every state is promised at least one representative, and there are 435 in total.

So, states with more people get more representatives, but every state gets at least one. The census helps decide the exact numbers.

What is Article 2 of the Constitution structure?

Article II is divided into four parts:

  1. Talks about who can be President, how they get elected, their oath, pay, and how long they can be in office

  2. Lists what the President can do, like leading the military, making treaties, and appointing officials

  3. Explains the President's job in more detail and how they can choose certain officers

  4. Describes how a President can be removed from office for doing really bad things like treason or bribery

In short, it sets up the job of the President, what they can do, and how they can be kicked out if necessary.

How does Article 1 detail the structure and powers of Congress?

Article I creates a two-part Congress, with the House of Representatives and the Senate. It talks about:

  • How many members there are, how they're chosen, and what you need to do to be one

  • Who leads and how things are organized

  • The specific jobs and powers Congress has, like making laws about taxes, trade, money, and declaring war

  • Special jobs for the House, like starting tax laws and impeachment

Overall, Article I tells us Congress is the main part of the government that makes laws, including important ones about money, trade, and war.

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