United States House of Representatives - Checks and Balances

Checks and Balances

The Constitution provides that the Senate's "advice and consent" is necessary for the President to make appointments and to ratify treaties, while the House must confirm the nomination of a new Vice President under the 25th Amendment. Thus, with its potential to frustrate Presidential appointments, the Senate is more powerful than the House.

The Constitution empowers the House of Representatives to impeach federal officials for "Treason, Bribery, or other high Crimes and Misdemeanors" and empowers the Senate to try such impeachments. The House may approve "articles of impeachment" by a simple majority vote; however, a two-thirds vote is required for conviction in the Senate. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding future office. No further punishment is permitted during the impeachment proceedings; however, the party may face criminal penalties in a normal court of law.

In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (Another, Richard Nixon, resigned after the House Judiciary Committee passed articles of impeachment but before a formal impeachment vote by the full House.) Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1998. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction.

Under the Twelfth Amendment, the House has the power to elect the President if no presidential candidate receives a majority of votes in the Electoral College. The Twelfth Amendment requires the House to choose from the three candidates with the highest numbers of electoral votes. The Constitution provides that "the votes shall be taken by states, the representation from each state having one vote." Electoral College deadlocks are rare; in the history of the United States, the House has only had to break a deadlock twice. In 1800, it elected Thomas Jefferson over Aaron Burr; in 1824, it elected John Quincy Adams over Andrew Jackson and William H. Crawford. The Senate elects the Vice President if the Electoral College deadlocks.