A new two-year term starts for Congress on Tuesday, as Republicans take control of the House and the Senate. So what happens inside the Capitol when a new session starts under the Constitution?
The more obvious difference between the new Congress and soon-to-be ended 113th session will be in the leadership positions. The rules, for the most part, remain the same for both parties, unless the Republican majority attempts to reverse a filibuster-rules change made by the Democrats in 2013.
Here the 10 facts you need to know about this important power change and process under our Constitution.
1. Our current Constitution, under the 20th Amendment, says a new Congress should start on January 3 in odd-numbered years, unless a law passed by a previous Congress changes the start date. The 113th Congress did just that, moving the start date to January 6, 2015.
2. The Vice President opens the Senate session, and the chaplain offers a prayer, followed by the Pledge of Allegiance. The clerk of the previous House calls it to order, with the prayer and the Pledge following.
3. Members of the House and Senate swear a lot on the floor, in a positive way. The entire House and one-third of the Senate are sworn in to duty as the first order of business. But the House and Senate do this in different ways.
4. In the House, the clerk establishes that a quorum exists to conduct business by calling for the new members to insert voting cards into a machine. When a majority is established (50 percent plus one of the total House), the session can proceed. This process fulfills the requirements of Article I, Section 5, of the Constitution that a quorum must be present to conduct business.
5. Then then the House holds an election to pick the Speaker of the House, who will take over the duties of running the House from the clerk. Nominations are spoken, and a roll call vote is taken. The newly installed Speaker administers the oath of office to the rest of the House.
6. In the Senate, the Constitution provides that the current Vice President can run the session. The Vice President calls up the Senators in small groups, and they take an oath identical to the one taken by House members:
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
7. The Senate establishes its quorum by voice vote after the oath is taken.
8. Once both Houses establish a quorum, the House and Senate leadership call the President on the telephone to confirm a new session of Congress has started.
9. The House and Senate move on to naming its leaders and officers for the two-year session. In the Senate, this includes the Senate Pro Tempore, who runs the Senate in the absence of the Vice President.
10. The rules, floor practices and orders are then established for the two-year session of Congress. These are the important parliamentary guides required for the conduct of business on the floor, and they are usually agreed to before the new Congress meets.
With the constitutionally required quorum, leadership and rules process done, the House and Senate are back in full swing. Many members will re-enact their swearing-in later in the day for photographers.
The important job of naming committee assignments starts on the first day of a new Congress and continues throughout January. The committee process happens with the political parties and the assignment are approved in simple vote resolutions that follow.
