United States Congressional Representative

The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the lower chamber of the United States Congress, with the Senate being the upper chamber. Together they comprise the national bicameral legislature of the United States.

The House's composition was established by Article One of the United States Constitution. The House is composed of representatives who, pursuant to the Uniform Congressional District Act, sit in single member congressional districts allocated to each state on a basis of population as measured by the United States Census, with each district having one representative, provided that each state is entitled to at least one. Since its inception in 1789, all representatives have been directly elected, although universal suffrage did not come to effect until after the passage of the 19th Amendment and the Civil Rights Movement. Since 1913, the number of voting representatives has been at 435 pursuant to the Apportionment Act of 1911.See Public Law 62-5 of 1911, though Congress has the authority to change that number. The Reapportionment Act of 1929 capped the size of the House at 435. However, the number was temporarily increased in 1959 until 1963 to 437 when Alaska and Hawaii were admitted to the Union.

In addition, five, non-voting Delegates represent the District of Columbia and the U.S. territories of Guam, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, and American Samoa. A non-voting Resident Commissioner, serving a four-year term, represents the Commonwealth of Puerto Rico. As of the 2010 Census, the largest delegation was California, with 53 representatives (to be reduced to 52 in 2023). Seven states have only one representative: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming., although Montana will once again have two representatives in 2023.

The House is charged with the passage of federal legislation, known as bills; those of which that are also passed by the Senate are sent to the president for consideration. The House also has exclusive powers: it initiates all revenue bills, impeaches federal officers, and elects the president if no candidate receives a majority of votes in the Electoral College.

The House meets in the south wing of the United States Capitol. The presiding officer is the Speaker of the House, who is elected by the members thereof. The Speaker and other floor leaders are chosen by the Democratic Caucus or the Republican Conference, depending on whichever party has more voting members.

History

Under the Articles of Confederation, the Congress of the Confederation was a unicameral body with equal representation for each state, any of which could veto most actions. After eight years of a more limited confederal government under the Articles, numerous political leaders such as James Madison and Alexander Hamilton initiated the Constitutional Convention in 1787, which received the Confederation Congress's sanction to "amend the Articles of Confederation". All states except Rhode Island agreed to send delegates.

Congress's structure was a contentious issue among the founders during the convention. Edmund Randolph'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, elected by the lower house, that would represent the individual states, and would be less susceptible to variations of mass sentiment."Delegates of the Continental Congress Who Signed the United States Constitution"
, United States House of Representatives. Accessed February 19, 2017. "While some believed the Articles should be 'corrected and enlarged as to accomplish the objects proposed by their institution,' the Virginia Plan called for completely replacing it with a strong central government based on popular consent and proportional representation.... The Virginia Plan received support from states with large populations such as Pennsylvania, Massachusetts, and South Carolina. A number of smaller states, however, proposed the 'New Jersey Plan,' drafted by William Paterson, which retained the essential features of the original Articles: a unicameral legislature where all states had equal representation, the appointment of a plural executive, and a supreme court of limited jurisdiction.... The committee's report, dubbed the Great Compromise, ironed out many contentious points. It resolved the delegates’ sharpest disagreement by prescribing a bicameral legislature with proportional representation in the House and equal state representation in the Senate. After two more months of intense debates and revisions, the delegates produced the document we now know as the Constitution, which expanded the power of the central government while protecting the prerogatives of the states."

The House is commonly referred to as the lower house and the Senate the upper house, although the United States Constitution does not use that terminology. 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 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. All southern senators except Andrew Johnson resigned their seats at the beginning of the war, and therefore the Senate did not hold 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 and the ending of slavery. The Reconstruction period ended in about 1877; the ensuing era, known as the Gilded Age, was marked by sharp political divisions in the electorate. The Democratic Party and Republican Party each 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 the 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, from 1903 to 1911. The speaker's powers included chairmanship of the influential Rules Committee and the ability to appoint members of other House committees. However, these powers were curtailed in the "Revolution of 1910" because of the efforts of Democrats and dissatisfied Republicans who opposed Cannon's 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 1955 until 1995. In the mid-1970s, members passed major reforms that strengthened the power of sub-committees at the expense of committee chairs and allowed 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 1990s to greater control of the legislative program by the majority party; the power of party leaders (especially the speaker) grew considerably. According to historian Julian E. Zelizer, the majority Democrats minimized the number of staff positions available to the minority Republicans, kept them out of decision-making, and gerrymandered their home districts. Republican Newt Gingrich argued American democracy was being ruined by the Democrats' tactics and that the GOP had to destroy the system before it could be saved. Cooperation in governance, says Zelizer, would have to be put aside until they deposed Speaker Wright and regained power. Gingrich brought an ethics complaint which led to Wright's resignation in 1989. Gingrich gained support from the media and good government forces in his crusade to persuade Americans that the system was, in Gingrich's words, “morally, intellectually and spiritually corrupt”. Gingrich followed Wright's successor, Democrat Tom Foley, as speaker after the Republican Revolution of 1994 gave his party control of the House.

Gingrich attempted to pass a major legislative program, the Contract with America 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. However, after Republicans held control in the 1996 election, Clinton and the Gingrich-led House agreed on the first balanced federal budget in decades, along with a substantial tax cut. The Republicans held on to the House until 2006, when the Democrats won control and Nancy Pelosi was subsequently elected by the House as the first female speaker. The Republicans retook the House in 2011, with the largest shift of power since the 1930s. However, the Democrats retook the house in 2019, which became the largest shift of power to the Democrats since the 1970s. In the 2022 elections, Republicans took back control of the House, winning a slim majority.

Membership, qualifications, and apportionment

Apportionments

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 is entitled to at least one representative, however small its population.

The only constitutional rule relating to the size of the House states: "The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative." 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. In 1959, upon the admission of Alaska and Hawaii, the number was temporarily increased to 437 (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. The District of Columbia and the territories of Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the U.S. Virgin Islands are each represented by one non-voting delegate. 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 five delegates and resident commissioner may participate in debates; before 2011, they were also allowed to vote in committees and the Committee of the Whole when their votes would not be decisive.

Redistricting

States entitled to more than one representative are divided into single-member districts. This has been a federal statutory requirement since 1967 pursuant to the act titled An Act For the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting. Before that law, general ticket representation was used by some states.

States typically redraw district boundaries after each census, though they may do so at other times, such as the 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''). Additionally, Section 2 of the Voting Rights Act of 1965 prohibits redistricting plans that are intended to, or have the effect of, discriminating against racial or language minority voters. Aside from malapportionment and discrimination against racial or language minorities, federal courts have allowed state legislatures to engage in gerrymandering to benefit political parties or incumbents. In a 1984 case, '' Davis v. Bandemer'', the Supreme Court held that gerrymandered districts could be struck down based on the Equal Protection Clause, but the Court did not articulate a standard for when districts are impermissibly gerrymandered. However, the Court overruled Davis in 2004 in '' Vieth v. Jubelirer'', and Court precedent currently holds gerrymandering to be a political question. According to calculations made by Burt Neuborne, about 40 seats, less than 10% of the House membership, are chosen through a genuinely contested electoral process, given partisan gerrymandering.

Qualifications

Article I, Section 2 of the Constitution sets three qualifications for representatives. Each representative must: (1) be at least twenty-five (25) 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 are not required to live in the districts they represent, but they traditionally do. 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. Likewise a State could not establish additional qualifications. William C. C. Claiborne served in the House below the minimum age of 25.

Disqualification: under the Fourteenth Amendment, a 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 the first Tuesday after the first Monday in November. Pursuant to the Uniform Congressional District Act, representatives must be elected from single-member districts. After a census is taken (in a year ending in 0), the year ending in 2 is the first year in which elections for U.S. House districts are based on that census (with the Congress based on those districts starting its term on the following January 3). As there is no legislation at the federal level mandating one particular system for elections to the House, systems are set at the state level. As of 2022, first-past-the-post or plurality voting is adopted in 46 states, ranked-choice or instant-runoff voting in two states (Alaska and Maine), and two-round system in two states (Georgia and Mississippi). Elected representatives serve a two-year term, with no term limit.

In most states, major party 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 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 fights—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. The courts generally do not consider ballot access rules for independent and third party candidates to be additional qualifications for holding office and no federal statutes regulate ballot access. As a result, the process to gain ballot access varies greatly from state to state, and in the case of a third party in the United States may be affected by results of previous years' elections.

In 1967, Congress passed the Uniform Congressional District Act, which requires all representatives to be elected from single-member-districts. Following the ''Wesberry v. Sanders'' decision, Congress was motivated by fears that courts would impose at-large plurality districts on states that did not redistrict to comply with the new mandates for districts roughly equal in population, and Congress also sought to prevent attempts by southern states to use such voting systems to dilute the vote of racial minorities. Several states have used multi-member districts in the past, although only two states (Hawaii and New Mexico) used multi-member districts in 1967. Louisiana is unique in that it holds 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 states of Washington and California use a similar (though not identical) system to that 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.

Non-voting delegates

Historically, many territories have sent non-voting delegates to the House. While their role has fluctuated over the years, today they have many of the same privileges as voting members, have a voice in committees, and can introduce bills on the floor, but cannot vote on the ultimate passage of bills. Presently, the District of Columbia and the five inhabited U.S. territories each elect a delegate. A seventh delegate, representing the Cherokee Nation, has been formally proposed but has not yet been seated. An eighth delegate, representing the Choctaw Nation is guaranteed by treaty but has not yet been proposed. Additionally, some territories may choose to also elect shadow representatives, though these are not official members of the House and are separate individuals from their official delegates.

Terms

Representatives and delegates serve for two-year terms, while a resident commissioner (a kind of delegate) serves for four years. A term starts on January 3 following the election in November. The U.S. Constitution requires that vacancies in the House be filled with a special election. The term of the replacement member expires on the date that the original member's would have expired.

The Constitution permits the House to expel a 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: Democrats John Bullock Clark of Missouri, John William Reid of Missouri, and Henry Cornelius Burnett of Kentucky. Democrat Michael Myers of Pennsylvania was expelled after his criminal conviction for accepting bribes in 1980, and Democrat James Traficant of Ohio 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 of a member requires only a simple majority, and does not remove that member from office.

Comparison to the Senate

As a check on the regional, popular, and rapidly changing politics of the House, the Senate has several distinct powers. For example, the " advice and consent" powers (such as the power to approve treaties and confirm members of the Cabinet) are a sole Senate privilege. The House, however, has the exclusive power to initiate bills for raising revenue, to impeach officials, and to choose the president if a presidential candidate fails to get a majority of the Electoral College votes. Additionally, the House also confirms a nominee when the vice presidency is vacant, along with the Senate, as Section 2 of the Twenty-fifth Amendment provides that "whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress." The Senate and House are further differentiated by term lengths and the number of districts represented: the Senate has longer terms of six years, fewer members (currently one hundred, two for each state), and (in all but seven delegations) larger constituencies per member. The Senate is referred to as the "upper" house, and the House of Representatives as the "lower" house.

Salary and benefits

Salaries

, the annual salary of each representative is $174,000, the same as it is for each member of the Senate. The speaker of the House and the majority

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