The Bicameral Congress: Crash Course Government and Politics #2

Summary

In this Crash Course Government episode, Craig explores the U.S. Congress, emphasizing its bicameral structure with the Senate and House of Representatives. He explains the qualifications for serving in each house, their distinct powers, and the historical Great Compromise that led to their formation. Craig also delves into the practical reasons behind the division of powers, highlighting the framers' intent to prevent legislative overreach through intrabranch checks. The episode promises further details on the legislative process in upcoming episodes.

Takeaways

• 📜 The U.S. Constitution positions Congress as the most important branch of government, with legislative powers vested in a bicameral legislature consisting of a Senate and a House of Representatives.
• 🏛️ The House of Representatives is considered easier to understand, with members elected based on population, requiring a minimum age of 25, seven years of citizenship, and residency in the state they represent.
• 🌟 The Senate is composed of two members from each state, with senators required to be at least 30 years old, a citizen for nine years, and a resident of their state, emphasizing a more deliberative and less responsive body to immediate public opinion.
• 🔑 The House has specific powers such as impeachment of federal officials, deciding presidential elections when no candidate wins a majority of the electoral college votes, and originating all bills for raising revenue.
• 🗝️ The Senate's powers include holding impeachment trials, ratifying treaties with a 2/3 vote, and confirming appointments of executive officers and federal judges.
• 🎓 The Constitution's framers designed the Senate to be more serious and deliberative, with longer terms and a composition intended to reflect greater wisdom and experience.
• 👥 The Great Compromise, or Connecticut Compromise, resulted in an upper house with equal representation and a lower house with proportional representation, balancing the interests of large and small states.
• 🤔 The framers were concerned about the concentration of power and implemented intrabranch checks to ensure that one house could limit the power of another, promoting a system of checks and balances.
• 💼 The Senate's longer terms and the expectation of greater experience were intended to make it more immune to public desires and better suited for confirming appointments and ratifying treaties.
• 💰 The power of the purse, or the authority to originate revenue-raising bills, was given to the House of Representatives to reflect its closer connection to the people and their concerns about taxation.
• 📚 The script humorously explores the historical and practical reasons behind the structure of the U.S. Congress, highlighting the importance of the separation of powers and the role of each house in the legislative process.

Q & A

What is the significance of the U.S. Congress according to the Constitution?

The Constitution designates the U.S. Congress as the most important branch of government, with legislative powers vested in a bicameral legislature consisting of a Senate and a House of Representatives.

What is the difference between the national government and state government mentioned in the script?

The national government refers to the federal government of the United States, while the state government refers to the individual state-level governments. The script clarifies that the importance of Congress is in the context of the national government.

What does the term 'bicameral' refer to in the context of the U.S. Congress?

The term 'bicameral' refers to a legislative body that is divided into two separate assemblies, chambers, or houses, which in the U.S. Congress is the Senate and the House of Representatives.

What are the minimum qualifications required to serve in the House of Representatives?

To serve in the House of Representatives, one must be at least 25 years old, a U.S. citizen for seven years, and a resident of the state they hope to represent.

How is the number of representatives determined for each state in the House of Representatives?

The number of representatives for each state in the House is determined by population, with no state having fewer than one representative and the most populous state, California, having 52 representatives.

What is the total number of senators in the U.S. Senate?

There are 100 senators in the U.S. Senate, with each state being represented by two senators.

What was the historical change brought about by the 17th Amendment regarding the selection of senators?

The 17th Amendment changed the selection of senators from being chosen by state legislatures to being elected directly by the people of each state.

What are the specific powers granted to the House of Representatives by the Constitution?

The House of Representatives is granted the power to impeach the president and other federal officials, decide presidential elections if no candidate wins the majority of the electoral college, and all bills for raising revenue must originate in the House.

What is the significance of the 'Power of the Purse' and which house holds this power?

The 'Power of the Purse' refers to the authority to initiate legislation on raising revenue, which includes the power to levy taxes. This power is held by the House of Representatives.

What are the main powers of the Senate as outlined in the script?

The main powers of the Senate include holding impeachment trials, ratifying treaties with a 2/3rds vote, and confirming the appointment of executive officers that require Senate confirmation, such as cabinet secretaries and federal judges.

What is the historical reason for having two houses in the U.S. Congress?

The historical reason for having two houses in the U.S. Congress is the Great Compromise, which resolved disagreements between large and small states by establishing an upper house with equal representation and a lower house with proportional representation.

What is the practical reason for dividing the legislature into two houses as explained by James Madison in Federalist 51?

The practical reason for dividing the legislature into two houses is to prevent the concentration of too much power in one branch. By dividing the legislature and giving each house different modes of election and principles of action, it creates an intrabranch check where one house can limit the power of the other.

Why are Senators expected to be older than Representatives according to the script?

Senators are expected to be older than Representatives because the Framers believed that older individuals would be wiser or more experienced, leading to a more serious, deliberative body that is less influenced by the immediate desires of the public.

How does the term length of Senators and Representatives differ and why?

Senators serve six-year terms, while Representatives serve two-year terms. This difference is intended to make Senators more insulated from public opinion and more deliberative, while Representatives are more responsive to the changing opinions of their constituents due to shorter terms.

What is the rationale behind giving the power of impeachment to the House of Representatives?

The rationale behind giving the power of impeachment to the House of Representatives is that it is the more democratic branch, closest to the people, and thus more responsive to their needs and opinions. This power allows the House to decide if a federal official has committed an offense serious enough to warrant a trial.

Outlines

00:00

🏛️ Introduction to the U.S. Congress

Craig introduces the topic of the U.S. Congress, emphasizing its role as the most important branch of government according to the Constitution. He clarifies the distinction between the national and state governments and highlights the bicameral structure of Congress, consisting of the Senate and the House of Representatives. Craig explains the qualifications for serving in each house, the population-based representation in the House, and the equal representation of states in the Senate. He also outlines the unique powers granted to each house, such as the House's authority to initiate revenue-raising bills and the Senate's role in impeachment trials and treaty ratification, setting the stage for a deeper exploration of the legislative process in future episodes.

05:00

🤔 The Rationale Behind Bicameralism

This paragraph delves into the historical and practical reasons for the bicameral structure of the U.S. Congress. Historically, the Great Compromise resolved disagreements between large and small states by establishing an upper house with equal representation and a lower house with proportional representation. Practically, the division of powers aims to prevent any single house from becoming too powerful, as suggested by James Madison in Federalist 51. The paragraph also discusses the rationale behind assigning specific powers to each house, with the Senate being designed as a more deliberative and less responsive body due to longer terms and the expectation of greater wisdom and experience among its members. Conversely, the House of Representatives, with its shorter terms and direct election by the people, is intended to be more responsive to the public's desires and is thus given the power to initiate tax legislation, reflecting the importance of taxes in American society.

Keywords

💡U.S. Congress

The U.S. Congress refers to the legislative branch of the federal government of the United States, which is bicameral, consisting of the Senate and the House of Representatives. It is a key concept in the video as it sets the stage for the discussion on the structure and functions of the legislative branch, emphasizing its importance as outlined in the Constitution.

💡Bicameral

The term 'bicameral' is derived from Latin and describes a legislative body that is divided into two separate assemblies or chambers, in the U.S. context, the Senate and the House of Representatives. The video explains that this structure is established by the Constitution to create a balance of power and representation.

💡House of Representatives

The House of Representatives is one of the two chambers of the U.S. Congress, where members are elected based on population and serve two-year terms. The video highlights its role in the legislative process, including the power to initiate revenue-raising bills and impeach federal officials.

💡Senate

The Senate is the upper chamber of the U.S. Congress, with two senators from each state serving six-year terms. The video script discusses the Senate's distinct powers, such as holding impeachment trials and ratifying treaties, emphasizing its role in providing a more deliberative legislative body.

💡Impeachment

Impeachment is the process by which the House of Representatives can bring charges against the President or other federal officials for misconduct. The video clarifies that impeachment does not mean removal from office but sets the stage for a trial in the Senate, which is a critical check on executive power.

💡Electoral College

The Electoral College is the system used to elect the President of the United States, where electors chosen by each state cast votes for the President and Vice President. The video mentions that the House of Representatives has the power to decide presidential elections if no candidate wins a majority in the Electoral College, a rare occurrence.

💡Treaty

A treaty is an agreement under international law, negotiated and signed by representatives of different countries, which requires Senate ratification in the U.S. The video uses the Treaty of Versailles as an example of when the Senate did not ratify a treaty, illustrating the Senate's significant role in foreign policy.

💡Confirmation Power

The confirmation power refers to the Senate's authority to approve or reject appointments made by the President, including cabinet secretaries and federal judges. The video emphasizes the importance of this power in ensuring a balance of power within the government.

💡Great Compromise

The Great Compromise was a historical agreement during the Constitutional Convention that resolved the debate between large and small states on how representation in the legislature should be determined. The video explains that this compromise led to the creation of a bicameral legislature with proportional representation in the House and equal representation in the Senate.

💡Federalist Papers

The Federalist Papers are a series of essays written by Alexander Hamilton, James Madison, and John Jay under the pseudonym Publius, advocating for the ratification of the U.S. Constitution. The video cites Federalist 51 to illustrate James Madison's views on dividing the legislature to prevent the concentration of power.

💡Intrabranch Check

An intrabranch check refers to the ability of one house of the legislature to limit the power of another, as a means of maintaining a balance of power within the government. The video explains this concept in the context of the Senate and House having different powers and responsibilities to prevent any single branch from becoming too powerful.

Highlights

The U.S. Congress is considered the most important branch of government according to the Constitution.

The Constitution establishes a bicameral legislature consisting of a Senate and a House of Representatives.

Members of the House of Representatives must be at least 25 years old, a citizen for seven years, and a resident of the state they represent.

Representation in the House is determined by population, with California having the most representatives at 52.

The Senate has two senators from each state, totaling 100 senators.

Senators must be at least 30 years old, a citizen for nine years, and a resident of their state.

The 17th Amendment changed the selection of senators to be elected by the people.

The House has the power to impeach the president and other federal officials, which is similar to a criminal indictment.

If no presidential candidate wins a majority of the electoral college, the House decides the president.

The House holds the power to originate all bills for raising revenue, often called 'The Power of the Purse'.

The Senate holds impeachment trials and requires a 2/3 vote for conviction.

The Senate ratifies treaties with a 2/3 vote, a power that can be significant when treaties are refused.

The Senate confirms the appointment of executive officers and federal judges.

The Great Compromise resulted in an upper house with equal representation and a lower house with proportional representation.

The framers of the Constitution aimed to divide the legislature to prevent it from having too much power.

James Madison in Federalist 51 discussed dividing the legislature to limit its power.

The Senate is designed to be more deliberative and less influenced by public opinion due to longer terms.

The House is more directly responsive to the people due to shorter terms and direct elections.

The specific powers given to each house are intended to balance their roles and responsibilities within the government.

The video concludes with an overview of the bicameral Congress and the rationale behind its structure.

Transcripts

Hi. I'm Craig, and this is Crash Course Government. Uh. It's been a dream of mine to be on Crash

Course since I was a little kid. Speaking of acting like a little kid, today, we're

gonna talk about the U.S. Congress, which, according to the Constitution, is the most

important branch of government. That was probably written by Congress. It wasn't. They didn't

So when I say that Congress is supposed to be the most important branch of government,

I'm talking about the national government, not the state government. There's a difference,

okay? I know this, because the Constitution, which consists of seven articles and 28 amendments,

mentions Congress first. In fact, right after the preamble, the very first section of the

very first article, which is helpfully labeled Article I, Section I, says this: "All legislative

powers herein granted shall be vested in a Congress of the United States, which shall

consist of a Senate and a House of Representatives."

So, right away, the Constitution sets up a two house legislature, with a Senate and a

House of Representatives. The Latin word for this is bicameral, and I promise I'll quit

with the Latin now. I didn't really say much Latin, but, just once, but I'll pr -- I won't say anymore.

[Theme Music]

That's pretty catchy. [whistles theme] So let's start with the House of Representatives,

because it's a little easier. In order to serve in the House, you have to be 25 years

old, a citizen for seven years, and a resident of the state that you hope to represent. I'd

like to think that I represent a state of enjoyment. Vote for me 2015. Representation

is determined by population. No state has fewer than one, Vermont, North and South Dakota,

Wyoming, and Alaska each have one, and the most populous state, California, has 52. Right

now, there are 435 members of the House of Representatives.

The Senate has two senators from each state for a total of 100. To be a senator, you must

be at least 30 years old, a citizen for nine years, and a resident of the state you hope

to represent. Originally, senators were chosen by the state legislatures, which meant that

they tended to be politically important members of a state's elite class. But this changed

with the 17th amendment, and now, senators are elected by the people, just like representatives.

I'm gonna explain how the two houses of the legislature actually legislate in a later

episode--I'll have a bigger beard, probably--but now, I'm going to point out a few of the ways

that they are different. Ultimately, the houses do the same thing, make laws, but the Constitution

grants certain specific powers to each house. Let's look at those powers in the Thought Bubble.

The House of Representatives is given the power to impeach the president and other federal

officials. This can be confusing because people tend to think that impeaching means kicking

the official out of office, but it doesn't. The House impeaches an official by deciding

that that person has done something bad enough to bring him to trial. An impeachment is like

a criminal indictment. Once the official is impeached, the trial happens in the Senate.

If it's the President who's been impeached, the Chief Justice of the Supreme Court presides.

Otherwise, it's the Vice President. You don't let the VP preside over a presidential impeachment,

because he has a vested interest in seeing the president removed. Then the VP would become president. Duhhh.

The second power that the House has is that they decide presidential elections if no candidate

wins the majority of the electoral college. I'll explain this later, but for now, remember

that this barely ever has happened ever.

The third power that belongs specifically to the House is found in Article I, Section

7: "All bills for raising revenue shall originate in the House of Representatives." This is

pretty important, because it means that any bill that raises taxes starts in the House,

and if you know anything about America, you know that we care about taxes, a lot. So this

power is huge and is sometimes called "The Power of the Purse".

The Senate has some important powers, too. The first one I've already mentioned is that

they hold impeachment trials. That doesn't happen very often at all. Another power the

Senate has is to ratify treaties. This requires a 2/3rds vote of the Senate. Most treaties

you don't hear much about, except when the Senate refuses to ratify them, as it did or

didn't do with the Treaty of Versailles. I totally would have ratified that treaty, just

sayin'. The last significant power that belongs only to the Senate is the confirmation power.

The Senate votes to confirm the appointment of executive officers that require Senate

confirmation. Some of these, like the cabinet secretaries, are obvious, but there are over

1,000 offices requiring Senate confirmation, including federal judges, and this is probably too many.

Thanks, Thought Bubble. Uh, I love saying that, YES! So those are the major differences between

the two houses of the legislature, but why do we have two, and why did the framers of

the Constitution make them different anyway? There are two categories of reason here: historical

and practical. The historical reason for the two houses is that when the Constitution was

being written, the framers couldn't agree on what type of legislature to have, because

they came from states with different interests. Delegates from states with large populations

wanted legislatures to be chosen based on the state's population, so that their states

would have, wait for it, more legislators and more power. This is called proportional

representation, states with small populations understandably didn't want proportional representation.

They favored equal representation in the legislature, which would give them equal power. Large states

supported what was called the Virginia Plan, and small states wanted the New Jersey Plan,

and they argued over it until a compromise was reached. Since it was brokered by Connecticut's

Roger Sherman, it was called the Connecticut Compromise, or, more usually, The Great Compromise,

because historians are really bad at naming things. Hey, this war is nine years long.

Let's call it the Seven Years War. That's actually genius.

If you guessed that the compromise was an upper house with equal representation and

a lower house with proportional representation, congratulations, you understand the Great

Compromise! You don't win anything if you guessed it right. Actually, if you guessed

it right, click here and watch me punch an eagle.

So that's the historical reason for the two houses, but what about the practical reasons?

One of the main reasons to divide the legislature and to give the two houses power is to make

it so that the legislature doesn't have too much power. How do we know that the Framers

wanted this? Because one of them, James Madison, told us that in one of the Federalist Papers.

In Federalist 51, Madison wrote "In republican government, the legislative authority necessarily

predominates. The remedy for this inconveniency is to divide the legislature into different

branches and to render them different modes of election and different principles of action,

as little connected with each other as the nature of their common functions and their

common dependence on the society will admit."

James Madison may not have sounded like Foghorn Leghorn. But that's one of the theories.

My theory. I say, I say. Anyways, the idea that one house of the legislature can limit the

power of another house is called an intrabranch check. We'll look at this in more detail when

we talk about checks and balances. In general, the Framers of the Constitution were kind

of obsessed with the idea that the government might have too much power. So we'll be seeing

lots of examples of how they try to deal with this.

So let's finish up by looking at the reasons why the specific powers were given to each house. To do this,

let me introduce my assistants. By assistants, I really mean clones. Let's go to The Clone Zone!

So I made these clones to help us understand these multi-sided issues. This is Senate clone

and this is House clone, and they're quite good looking I might add.

Senate clone: So you may have noticed, according to the Constitution, Senators are expected

to be older than Representatives, and although 30 isn't all that old today, it was in 1787

when the Constitution written. This was because older people are wiser, or at least more experienced,

and the Framers wanted the Senate, which is sometimes called the Upper House, to be more

serious, or just more dignified. And above all, deliberative than the House. It was supposed

to be more immune from the desires of the public, which the Framers were kind of afraid

of because of their unfortunate propensity to riot. One of the ways that the Framers

hoped to ensure this was by giving Senators a 6 year term, which really would mean that

they could ignore the ranting and ravings of their constituents for at least, like,

5 years at a time. Because the Senate is supposed to be the more deliberative body and the one

that is more insulated from public opinion, they are the ones given the power to confirm

public ministers and to ratify treaties. I guess they thought that being older and wiser,

Senators would be better judges of character and better able to govern based on their sense

of what is in the public interest. Sometimes the idea that a representative should govern

based on what he thinks is best for the people rather than what they say they want is referred

to as a representative acting as a trustee.

House clone: Haha, which is another way of saying that the Senate is full of elitist

snobs who don't care what their constituents want at all. In the House of Representatives,

we're supposed to take into consideration the desires of the people in their district,

who voted for them, acting in the role of delegates. So the main way that the Framers

tried to ensure that Representatives could be more responsive to their voters, other

than having them directly elected for by the voters instead of state legislatures, was

to give them 2 year terms. This method meant that they have to be responsive to the changing

opinions of voters in their districts, otherwise they could easily be voted out of office.

You don't want that, no way. Oh boy. Why they would be given the power of impeachment is

beyond me, but it totally makes sense to give the power of the purse to the branch of government

that is closest to the people. After all, one thing that the government does that is

directly related to almost everybody is taxes. So you want the most democratic body making

the decisions that have the most direct effect on people.

Craig: Huh, thanks clones. So there you have it, that's the basics of our bicameral Congress,

including the differences between the two Houses and why they are that way. Oooh, I

used Latin again. I'm sorry. Mea culpa. We'll be going into much greater detail about how

the two houses work together, or don't, in future episodes. But that's enough for now,

thanks for watching Crash Course. I'll see you next week.

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