Constitutional Rules and Votes

The Founders who wrote the Constitution spelled out the structure and powers of Congress in far more detail than they gave to the other two branches, reflecting their belief that the legislature was going to be the heart of the new government. In doing so, they set out detailed rules that prescribe procedures for Congress.

Among the rules are these proscriptions: the House chooses its Speaker, the Senate its president pro tempore, and both houses their officers; each house requires a majority quorum to conduct business; neither house may adjourn for more than three days without the consent of the other; each house must keep a journal; the yeas and nays are ordered when supported by one-fifth of the members present; and all revenue-raising bills must originate in the House, but the Senate may propose amendments to them. Certain procedures must also be followed when the House elects a president, the Senate elects a vice president, a vacancy in the office of vice president is filled, and there is an attempt to override a presidential veto.

The Constitution also sets out specific rules on matters that require votes or voting methods, such as a two-thirds vote to override a presidential veto or propose a constitutional amendment and to expel a member. A two-thirds Senate vote is required to convict a person whom the House has impeached and to consent to ratification of treaties. But the Constitution requires only a majority vote in the House to elect a president when no candidate receives a majority of the electoral votes.