Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in criminal law
A structure that people regularly use for sleeping. It remains a dwelling even if occupants also use it for other purposes, such as conducting a business. A temporary absence by the occupants does not strip the structure of its character as a dwelling.
2
constitutional law
The lower chamber of Congress in which all legislative powers are vested alongside the Senate.
Each sense below has its own examples, sources, and questions.
Sense 1
1
in criminal law
A structure that people regularly use for sleeping. It remains a dwelling even if occupants also use it for other purposes, such as conducting a business. A temporary absence by the occupants does not strip the structure of its character as a dwelling.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Common Law
Sense 2
2
constitutional law
The lower chamber of Congress in which all legislative powers are vested alongside the Senate.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Hugo Hart hid inside Harriet Hamilton's house intending to steal jewelry. When he later forced open a locked interior door to reach the safe, the breaking did not facilitate his initial entry. The court held that this did not satisfy the breaking element of burglary.
Tool Used for Felony
Hassan Hakim used a crowbar to pry open the window of Hana Huang's house and then reached inside with the crowbar to disable an alarm before entering. Because he used the tool to commit the felony inside rather than solely to gain entry, the court found an entry for burglary purposes.
Joint Tenancy House Devise
Hana Hashimoto's will attempted to leave her house, held in tenancy by the entirety with her spouse, to a charity. After her death while still married, title passed by survivorship to the surviving spouse. The court held the will could not dispose of the house because it was nonprobate property.
Frequently Asked2
Does a structure lose its status as a house if the occupants are temporarily away?+
No. A structure remains a dwelling if someone uses it regularly for sleeping even during a temporary absence by the occupants.
Supporting sources
Can a breaking that occurs only to exit a house support a burglary conviction?+
No. The breaking must facilitate the defendant's entry into the dwelling. A breaking solely to allow exit does not constitute burglary even if the defendant hid inside with felonious intent.
Supporting sources
3
Legislative Power Vesting
Congress passed a statute regulating interstate commerce. Hannah Hughes challenged it, arguing that only the House of Representatives could enact such measures. The court upheld the law because Article I Section 1 vests all legislative powers in a Congress consisting of the Senate and House of Representatives.
One-House Veto Invalid
Highland Steel obtained an executive license to build on federal land. The House of Representatives passed a resolution canceling the license without Senate approval or presentment to the President. The court struck down the resolution because it altered legal rights through an unconstitutional legislative veto.
Executive Power Separate
The President issued an executive order on immigration. Harbor National Bank sued, claiming the order improperly exercised legislative power belonging to the House of Representatives. The court rejected the claim because Article II vests executive power in the President, distinct from the House's legislative role.
5 U.S. (1 Cranch) 137 (1803)Property
…other citizen. It provides that he shall receive from the President all bills, orders, resolutions and votes of the Senate and House which have been approved and signed, cause them to be published and distributed, carefully preserve the originals and cause them to be recorded. It provides for the seal of the United…