US presidential election: How do the House of Representatives and Senate function?

As the United States approaches the crucial 2024 presidential election, much of the focus is on the intense race between US Vice President Kamala Harris and former US President Donald Trump.

While the battle for the White House dominates the headlines, the results of the congressional races are equally critical.

What are Americans voting for on November 5?

Apart from the next US president, Americans will also vote to fill all 435 seats in the House of Representatives and 34 of the 100 Senate seats, determining control of Congress — an essential lever of power in the US political system.

These elections will have a profound impact on the legislative future of the country, determining whether Democrats maintain their slim control or whether Republicans regain the majority in either chamber.

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The stakes are high. Currently, the Democrats hold a fragile 51-49 majority in the Senate, which includes four independents who caucus with them. In the House, Republicans hold a narrow majority with 220 seats, while Democrats have 212 seats, leaving more than a dozen races classified as toss-ups. Three seats are currently vacant.

Control of Congress is critical for either party, as it will determine the legislative agenda for the next two years, influencing everything from healthcare policy to immigration reform.

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But why do the Senate and House of Representatives play such vital roles in US governance?

To understand their significance, we delve into their structures, functions, and the origins of the unique system that has evolved over centuries:

What is the structure of the Senate and the House?

The US Senate and House of Representatives are the two chambers of Congress, forming what is known as a bicameral legislature. While both play crucial roles in lawmaking, they differ in structure, length of terms, and the frequency of elections.

In the Senate, there are 100 members, with two senators representing each state, regardless of population. Senators serve six-year terms, and elections are staggered, meaning only about one-third of the Senate is up for re-election every two years.

This system was designed by the framers of the US Constitution to provide stability. According to a Senate factsheet, “At the start of the first session of Congress in 1789, senators were divided into three classes by lot, with same-state senators assigned to separate groups.”

The intention behind this staggered election cycle was to ensure that the entire body would never be subject to a complete overhaul in a single election, maintaining continuity and long-term governance.

The US vice president also serves as the president of the Senate. The current majority leader is Democrat Chuck Schumer and the minority leader is Republican Mitch McConnell.

The House of Representatives, on the other hand, consists of 435 members, with representation based on the population of each state. Larger states like California and Texas elect more representatives than smaller states like Vermont or Wyoming.

House members serve two-year terms, which makes the chamber more responsive to the shifting moods of the electorate. Every seat in the House is up for grabs every two years, which puts representatives in constant campaign mode, more closely aligned with the immediate concerns of their constituents.

The current Speaker of the House is Republican Mike Johnson.

Together, the US House of Representatives and the US Senate comprise the United States Congress.

What is the role of the Senate?

The US Senate is often described as the “upper house” of Congress, though it holds the same legislative power as the House of Representatives. The distinction between the two is largely rooted in the Senate’s longer terms and smaller size, which lend themselves to more in-depth deliberation and debate.

One unique power of the Senate is its role in approving presidential appointments. For instance, all nominations to the US Supreme Court, federal judgeships, and key cabinet positions must be confirmed by the Senate. The Senate also has the sole power to ratify treaties with foreign nations, requiring a two-thirds majority for approval.

Perhaps the most high-profile role the Senate plays is in impeachment trials. While the House of Representatives holds the power to impeach federal officials, including the president, it is the Senate that holds the trial to determine whether to convict and remove them from office.

Since 1789, the Senate has tried 20 federal officials, including three presidents.

Another critical function of the Senate is its use of the filibuster, a tactic where senators extend debate indefinitely to block a vote on legislation. The only way to end a filibuster is through a cloture vote, which requires a three-fifths majority (60 votes).

The filibuster has been a contentious tool in recent decades, with Republicans and Democrats using it to stall major legislative initiatives.

One of the Senate’s longest filibusters occurred in 1957, when US Senator Strom Thurmond spoke for over 24 hours in an attempt to delay the Civil Rights Act of that year. His efforts, though ultimately unsuccessful, highlighted the unique power of individual senators to influence national policy.

What role does the House of Representatives play?

The House of Representatives is often referred to as the “lower house,” though this distinction does not reflect a difference in legislative power. Both the House and Senate must approve identical bills for them to become law.

The House is generally considered the more responsive and dynamic of the two chambers, largely due to the short two-year terms its members serve.

The leader of the House, the Speaker, wields considerable influence over the legislative agenda. Chosen by the majority party, the Speaker sets the schedule for debate and voting on legislation and is second in the presidential line of succession, after the vice president.

Nancy Pelosi made history as the first woman Speaker of the House, and Sam Rayburn, from Texas, holds the record as the longest-serving Speaker, having held the position for over 17 years.

In addition to the Speaker, both the majority and minority parties in the House elect leaders and “whips.” The whips’ role is to count potential votes for legislation and ensure party members vote according to the party line.

The intensity of the House’s political jockeying often mirrors its proximity to the people’s immediate concerns, with representatives campaigning vigorously on local issues that affect their districts.

How is a bill passed into law in the US Congress?

Both the Senate and the House play integral roles in maintaining the system of checks and balances central to the US Constitution. Legislation can originate in either chamber, but it must be approved by both before it can be signed into law by the president.

This process ensures that multiple viewpoints are considered before a bill becomes law.

Committees in both chambers are another key part of the legislative process. Once a bill is introduced, it is assigned to a committee based on its subject matter. Committees hold hearings, debate the merits of the bill, and propose amendments before voting on whether to send it to the full chamber for a vote.

This rigourous process ensures that only a small percentage of proposed bills actually become law, reflecting the founders’ intention to create a careful, deliberate legislative process.

What’s at stake in 2024?

As voters head to the polls on November 5, the balance of power in Congress is at stake. If Donald Trump wins the presidency, his running mate, JD Vance, would assume the role of vice president and hold the tie-breaking vote in the Senate.

In such a scenario, Republicans would need to flip just one Senate seat to gain control of the chamber. Currently, 23 of the 34 seats up for re-election are held by Democrats or independents who caucus with the Democrats, making the path to a Republican Senate majority plausible.

Polls suggest tight races in states like Michigan, where the outcome could tip the balance.

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In the House of Representatives, Republicans are defending their slim majority of 220 seats against 212 Democrats. With more than a dozen races considered toss-ups, the final composition of the House is far from certain.

The stakes could not be higher, as the results of the 2024 election will set the stage for the next two years of governance, determining whether the current political gridlock continues or whether one party can implement its legislative vision more effectively.

Editor’s Note: Firstpost has also published a series of profiles taking a closer look at all past US presidents ahead of the 2024 presidential election between Donald Trump and Kamala Harris.