{"id":30985,"date":"2022-06-14T09:52:49","date_gmt":"2022-06-14T14:52:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/article1\/annotation02.html"},"modified":"2022-06-14T09:52:49","modified_gmt":"2022-06-14T14:52:49","slug":"annotation02","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/article1\/annotation02.html","title":{"rendered":"What Is a Bicameral Legislature and How Does It Work in the U.S.?"},"content":{"rendered":"\n
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What Is a Bicameral Legislature and How Does It Work in the U.S.?<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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The United States has a bicameral legislature comprised of the U.S. House of Representatives and the U.S. Senate. The two chambers have a series of checks and balances to ensure that proposed legislation undergoes extensive debate and deliberation before the president signs it into law.<\/p>\n\n <\/div>\n\n

A bicameral legislature is a legislative body made up of two (bi) chambers (camera). It differs from a unicameral legislature in which all members belong to and vote in one House. The United Kingdom’s system of government<\/a> includes a bicameral legislature comprising the House of Commons and the House of Lords. Meanwhile, a typical city council in the United States is an example of a unicameral legislature.<\/p>\r\n

Article I<\/a> of the U.S. Constitution<\/a> established the legislative branch, which is composed of the U.S. House of Representatives<\/a> and the Senate<\/a>. The House of Representatives acts as the "lower house," while the Senate<\/a> acts as the "upper house" or "upper chamber." However, the lawmaking process can begin in either the House or the Senate.<\/p>\r\n

Why Does the United States Have a Bicameral Legislature?<\/b><\/h2>\r\n

The Articles of Confederation<\/a> were created soon after the Declaration of Independence<\/a>, but the states did not ratify them until 1781. They created a federal government composed of an alliance of states and a unicameral Congress made up of one delegate from each of the 13 colonies.<\/p>\r\n

However, this lawmaking body was weak and had no real authority to govern on a national level. Congress had no power to tax or regulate foreign or interstate commerce. Moreover, no executive branch of government existed at that time with the authority to enforce the laws passed by Congress. There were attempts to strengthen the Articles, but the states did not act, afraid of creating a Congress with more power than the states.<\/p>\r\n

Given the failures of Congress under the Articles of Confederation, the Framers<\/a> of the U.S. Constitution wanted to create a powerful legislative body as part of the system of checks and balances<\/a>. However, they, too, feared a single legislative body might be too powerful.<\/p>\r\n

The Framers looked to history, other countries, and the states to address the form Congress would take. Many of the historical republics the Founders studied had bicameral legislatures. Similarly, the United Kingdom had a bicameral parliament. Many states, however, had established unicameral systems after the Revolutionary War.<\/p>\r\n

The Founders considered this and determined that a two-chambered legislature would be advantageous. Two chambers would provide an additional layer of checks and balances within Congress. James Madison noted<\/a> that bicameralism would create two "different bodies of men who might watch and check each other."<\/p>\r\n

Creation of the Houses of Congress<\/b><\/h2>\r\n

Once the Framers accepted the bicameral system, the next problem to address was the makeup of the legislative branch. This was very contentious and threatened to deadlock the Constitutional Convention<\/a>.<\/p>\r\n

The Founders proposed that Congress represent states’ interests in the federal government. The interests of the larger states, mainly in the South, were at odds with those of the smaller Northern states. The Founding Fathers debated two different plans at the Convention:<\/p>\r\n