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100% found this document useful (1 vote)
287 views22 pagesAmerican Congress
Uploaded by
Bharat SwamiCopyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF or read online on Scribd
Federal legislature of United States of America is called Congress, which has be,
provided for in Article-1. According to Article-1, “All legislative powers herein granted gy.
be vested in a Congress of the United States, which shall consist of Senate and House i
Representatives.”
CHARACTERISTICS OF THE CONGRESS
Following are the main characteristics of the Congress—
1. President is not part of the Congress-in America, the President is not part ofthe
Congress. He gives approval to the bills passed by the Congress, convenes special session
of the Congress, but he does not take part in the meetings of the Congress. It must be
temembered that American constitution is based on the theory of “Separation of Powers’
2. Bi-cameral Legislature-Like in India, Great Britain and Canada, Congress in America
is bi-cameral. Upper House is called Senate and it represents the states. The lower house
has been named House of Representatives and it represents people.
3. Congress is not Sovereign-American Congress is not sovereign like British
Parliament because- (i) It can legislate only on those subjects which have been assigned to
it by the Congress, (ii) Supreme Court can exercise its powers of judicial review over the laws
passed by Parliament. (ii) Congress cannot make any change in the constitution without the
Approval of the 3/4 state legislatures. (iv) Congress cannot make any change in the boundaries
of the states without their wishes. (v) President can exercise veto over the bills passed by
Congress.
4. Powers of both the Houses of the Congress are not Equal-In America, the
Upper house of the Congress—the Senate is more powerful than the lower house in many
spheres. In most of the democratic countries the lower house of the parliament is given more
powers as it is done in Great Britain and India. But in USA the upper house is more powerful
in comparison to the lower house.
5. Direct election of Both the Houses-Members of both houses of Congress are
elected directly on the basis of adult franchise. In most of the democratic countries generally
the members of the lower house are elected directly on the basis of universal adult franchise
and the members of the upper house are elected indirectly. But in USA members of both the
houses of Congress are elected directly.
6. No provision of the nomination of members in both the Houses of Congress-
All the members of both the houses of Congress are elected and there is no provision of the
nomination of members. In India provision is made to nominate 2 members in Lok Sabha and
12 members in Rajya Sabha whereas in USA all the members of both the houses are elected
as there is no provision of nomination.
7. Equal representation to all States-All states, big and small have been given equal
representation in the state. Each state has the right to send two representatives and there
being 50 states in America, the total membership of Senate is 100 members. Many a times
this provision has been criticised because the critics were of the opinion that it was
298 ‘American Congress 299
undemocratic principle to give equal representation to small as well as big states. But inspite
of this, this provision continues in USA
8. Upper House is Permanen is Fixed
rc 5 t And the tenure of the Lower House d
M upper house of American Congress Le. the Senate is permanent. 1/3 ofits members feN"
every 2 years whereas the house continues. In USA the tenure of the lower house is just two
years i it cane be dissolved before the completion of its tenure.
9, Dominance of Regional interests in Congress-Members of American Congres’
ive more consideration to regional interests, rather than national interests and they have
been unable to maintain a balance between’ regional loyalties and national loyalties. This
aso leads to deciine in the prestige of the Congress. The representatives of different states
inireduce maximum number of bils in the house just to protect the interests of their state.
Because of this, the number of bill introduced in the Congress goes up to thousands.
10. Absence of Rigid Party Discipline-Although almost all the members of American
Congress owe allegiance to different political parties, even then they do not function under
rigid party discipline. Members of different parties in the house arrive at temporary
compromises on different issues and function on the basis of the principle. “You help me, |
will help you.” This arrangement is called ‘Log Rolling’ in America.
We shall discuss the composition, powers and mutual relations ot
Congress in this chapter.
f both houses of
HOUSE OF REPRESENTATIVES
House of Representatives is the lower and the popular house of the Congress. According
foProf. Munro, “The House of Representatives was intended to serve as the direct reflector
of popular opinion in the national government.” According to Patterson, “The House of
Representatives is the nation in miniature.”
Composition of the House of Representatives-According to the Constitution,
Congress has been given the right to fix the strength’ of the House of Representatives. In the
beginning, for a population of 30,000 one member was elected whereas these days, because
of the increase in population, for a population of 3 lakhs and 30 thousands one members is
lected. According to a law passed in 1929, the strength of the members of the House of
Representatives has been fixed at 435. "
With Alaska and Hawai states joining the American federation in 1959, the total number
of members came to be 437. However, in 1961, its strength was again decreased to 435.
Puerto Rico has the right to send one Resident Commissioner in the House of
Representatives but he has no right to vote.
Method of Election-The members of the House of Representatives are elected directly
on the basis of universal adult franchise out of the single member constituencies. According
to Article |, Section 2, “The House of Representatives shall be composed of members
chosen every second year by the people of the several states and the electors in each state
shall have the qualifications requisite for electors of the most numerous branches of the
T. The number of representatives in the 1989-90 House is: Albama-7, Alaska 1, Arizonas 5,
Aarne umber Of TEP Colorado 6, Connecticut 6, Delaware 1, Flordia 17, Geolgia 10, Hawai
idaho 2 Hinoke 22 Inutana 10, Lowa 6, Kansas 6, Kentucky 7, Louisiana 8, Maine 2, Manjand 8
Mayland 6 ese nats 11, Michigan 18, Minnesota 8, Mississippl 5, Missouri 7, Montana 2,
Netacas Neva? new Harpanire 2, New Jersey 4, New Mexico New York 34, North Caroline
11,North Dakota 1, Ohio 21, Oklahoma 6, Orgon 6, Penrisylvania 23, Rhode Island 2, South Caroli
Sout pact 1: Ohio ease 8, Texas 27, Utah 3, Vesmont 1, Virginia 10, Washington 8, West
eginias, Viseencin F Wymoing 1. There is no representative of Federal Capital Washington D. West
5
RSs
K
= 300 .al Systems Som,
Comparative Political Syst 1» V (BLA. 1)
LA. Hil
Mr. Dalip Singh Saund was the first Asian American who got elected
" t to
Representatives n 1056; He got elected for three terms as a Demoeratic Party's ropre cite
Dee peieaimie. He wes bom in Chihajuiwedl, « village of Panjab in 1899 and had migrated
n 1920 to get higher education, The U.S, House of Representatives has authorized the
commissioning of a portrait of Dalip Singh Saund in the building of the House. he
After him, from time to time Bobby Jindal, Aml Bera and Tuls! Gabard were elect,
the members of the House of the Representatives. During the elections of Senate and House
of Representatives held in November 2016, Mrs Kamla Harris, elected the member of the
Senate. Besides her Raj Krishna Moorthi, Promila Jaypal, RO Khanna and Ami Bera
were elected the members of the House of Representatives. So, this way in the American
Congress and in the other areas of American administration the role of the people of Indian
origin was increasing day by day.
Representation on the Basis of Population-By 14th amendment of the Constitution,
it has been provided that representation to different states in the House of Representatives
will be given on the basis of population. However, itwill be obligatory to have one representative
from each state, Members are elected from single-member constituencies.
Gerrymandering-In America, Constituencies are delimited by state governments and
while doing so the ruling party tries to delimit the constituencies in such a way that it benefis
their party. Constituencies where opposition party dominates are made to send less members.
whereas constituencies where ruling party dominates are made to send more representatives.
That is why, in America, some constituency is like a fish and some like a shoe. This tradition
is called Gerrymandering because this tradition began in 1812 during the tenure of the
Governor of Massachussets State Elbridge Gerry. According to Prof. Munro, ‘The
Gemymandering has been a previous factor in American politics and popular sentiment has
been slowly developing against it.”
Qualifications of Members-The necessary qualifications for becoming the member
of House of Representatives are :—
()) He must have been citizen of America for the last seven years. (ii) He must be.at least
25 years of age. (ili) He must be resident of a state from which he is contesting election.
According to a convention, he must be resident of the electoral districts from which he is
contesting. (iv) He must not hold an office of profit in the United States of America.
Note-For contesting the election of House of Representatives, candidate can also be
naturalized citizen.
Sufferage Requirements-By the 15th and 19th amendment of the Constitution, it has
been provided that state cannot deprive a person of his Tight to vote on the basis of race,
colour, sex, etc. Consequently, every American citizen enjoys the right to vote. By 26th
amendment done in 1971, minimum age for getting right to vote has been reduced from 21
years to 18 years. So every American citizen who has attained the age of 18 years enjoys the
right to vote. Insane persons and persons convicted of treason do not have the right to vote.
Tenure-—The tenure of the House of Representatives is 2 years and this tenure cannot
be increased or decreased under any circumstances. The members of the House 0
Representatives are elected in the month of November. In this context, many people have
pointed out that the tenure of two years is very short and it should be increased. Howevel,
f the view that this keeps the representatives responsible and close
jorters are of 5 e and ©
contact | between representatives and voters is maintained. So, its two years term is alright. fo fa
e
is
er
st
I.
american Congress
Session-Atleast one
i i Session j 301
which according to 20th a in a year is obli -
woumment of the session is thewents begins gsr forthe House of Representaves
fo agreement among both holes both houses of the Gongress together The date of
necessaly, President can convene its ection the decision B man woyether and i there Is
pe .
Chairman-Article-l, Section-2 of tren
representatives shall choose its spe of the constituti “
Forest ment So, Specter eqs and other offcets and shal have tne power of
infepresentatives and only House a ver the House of Representatives, is elected by House
wr. Poul Ryan is tie prason My Representatives can remove him from office.
to Republican Party. peaker of the House of Representatives and he belongs
First female Speaker
frst woman Speaker of the Tene, Pelosi had created history by taking over as the
succession to the Presidency. She pl Representatives, placing herself third in the line of
won with 223 votes, a majority of the 238 nestor eee House, from California and had
Quorum-An absolute majorit :
‘ jority of total members i
ethan: Eratce een net ine
\ oy a oman member of the House of Representatives gets an annual
salary of § tron esides allowances. They also get from $ 25,000 to $ 60,000 for
maintaining office depending upon the population of the concerned state. Besides, every
member gets postal, telegraphic and publishing facilities.
Privileges—{i) No member can be arrested in a civil suit during the session. (ii) No member
can be forced to give evidence in a court. (ii) ‘Members have freedom of expression of thought
in the House and no action can be taken against them for anything said in the House.
POWERS AND FUNCTIONS OF
HOUSE OF REPRESENTATIVES
Powers and functions of the House of Representatives can be categorized into following
parts :
1. Legislative Powers-Any bill on any subject falling in the jurisdiction of federal
roduced in the House of Representatives. However, such a bill will be
el int
ae paved only after the: approval of both houses. Thus, itis clear that both houses
have equal powers regarding passing ordinary bills. seipeatondi tinea’ /
: wers-Money bill has to be introduced first in e House O'
Repeat thna owetes oth house have equal powers tegarding passing the money bill.
'tmeans House of Representatives alongwith Senate has the power to pass the budget.
Proposal regarding amending the constitution has to be passed
by 2 gone tne House Ff Representatives. No constitutional amendment can be
it House of Representatives.
ag yee pec on ith the other house ‘of the Congress the Senate,
I wit
lee ee declare War Aloneresoiution declaring war and peace. /
of Represent ons House of Representatives, together with the Senate exercise
. Judicial Fun
following Judicial functions: ro
(i) Appoints courts subordinate to ent. Vice-President, jud
of Impeachment for impeacting Pres’ ”
iudges of the Supreme court, (ji) Prepares articles
ges of Supreme Court and 3
Comparative Political Systems Sem. V (B.A. 1)
other Civil servants, (ii) Resolves disputes regarding the election of its members, (iv) Takes,
action against members for contempt of the House
6. Electoral Powers-in special circumstances, it elects President and if for any reason,
the office of Vice-President falls vacant, then together with the Senate it gives approval to the
name proposed by the President. Thomas Jafferson in 1801 and John Adams in 1825, were
elected to the office of President by the House of Representatives. Moreover, the House also
elects its presiding officer.
7. To frame rules and Regulations-House of Representatives frames rules and
regulations regarding the election, qualifications and disputes about the election of its members,
8. Investigatory Functions-House of Representatives can investigate the actions of
federal administration and federal judiciary through its standing and special committees,
House of Representatives can also investigate the activities of its American citizens. House
Committee on Un-American Activities investigates the security of the nation and national
loyalty. This committee was abolished in 1974 because it interfered in the rights of the citizens,
Conclusion-After studying the powers exercised by House of Representatives in
different spheres, it is concluded that as compared to the lower houses of other countries
and the American Senate, it is a very weak house.
HOUSE OF REPRESENTATIVES
IS A WEAK HOUSE
In most of the countries, lower house is more powerful as compared to the upper house.
However, the situation is quite different in America. In America, the House of Representatives
cannot do anything single handly. On the other hand, there are many functions which the
upper house i.e. the Senate can perform alone. That is why, experienced and eminent
politicians want to become the member of Senate. They consider the House of Representatives
to be the House for getting experience. The fact is that in America Senate has overshadowed
the importance of the House of Representatives and following factors are responsible for
this.
4. Executive is not responsible to House of Representatives—in America, the
House of Representatives has no effective control over the executive whereas as against
this, Senate has effective control over executive. Powers to make the president responsible
are given to Senate whereas in most of the countries it is opposite. In Great Britain and India
executive is made responsible to the lower house.
2. Short Tenure—The tenure of the House of Representatives is very short. In the first
year, members just get familiar with the working of the House and in the second year of their
membership, they become worried about the coming elections. It is not definite that they
would be elected in the coming elections. As against this, members of the Senate are elected
for six years.
302
3. Equal Powers of the Senate-In America, the upper house of the Congress, the
Senate enjoys equal powers with House of Representatives in every sphere and there is no
function which house of Representatives may perform without the consent of the Senate
whereas, this is not the case in countries like India, Great Britain etc.
4, Lack of National Feelings-Regional feelings is more dominant as compared to the
national feelings among the members of House of Representatives, They always give priority
to regional interests as compared to national interests. As against this, member of the Senate
are respected as the representatives of the nation. Upper
ONS \iioh, ti
and ening
presente,
vershadcul
sponsible b
America, be
aS a8 or
at respo
ain andi
ft In “
pos
e af?
gt ‘
ng ei
wey
ine
pepcan Congress
5, Protection of Special Ini 303
; terests)
. ite 's—Me
} interests, are also connected yy one's of the House of representatives, alongwith
eres is connected with busines quit? SPecial interests. For instance, sor op of
hat is why usually there ie ssye285: SOme with k Li celierh see
ees. ' ere is talks labour class and another with farmer
nsowers the prestige of the House * °f cotton centre, bullion centre etc in the house and
6, Large Size of the House_a,
epresentatives consists of 435 Tombs eared to 100 members of the Senate, House of
Biz does not prove fo be ret ors uri among hem. Woreover,
grbers do not Gel Opportunity fo exon ney ciseussion on any issue a8 most of the
7. Absence of Freedom of aera
ze and excessive Work, every Tee the House of Representatives because of big
ratte. According to the rules of the House, the discuecion on any matter is closed ar
imited time. AS against this, is ful freedom of thought and expreveion in the Senate and
avaty Member can express his views freely for as mush time es he wishes;
. yf ; :
_ o back ob Fatty Discipline-Organized political parties improve the working and the
influence of use. However, there is lack of party discipline in the House of
Representatives. Most of the m Hc eae, ipting in he Horas
pt h ‘embers function on the basis of the principles of opportunism
and Log Rolling as a result of which there is i principles of opp
generally the members change their ‘ae . ecko in the prestige of the House. In the house
errhelp me I help you. loyalties and work on the basis of the principle
9, Absence of Recognized Leader—Unlike in India and Great Britain, there is absence
of recognized leader in the House. Members of the House look towards the recognized leader
for the solution of ordinary national problems and they respect the suggestions given by him:
However, there is no such leader in the House of Representatives who may call himself the
leader of the House. The speaker of the house plays the role of the leader of his own party
which effects his neutrality.
40. Limited Financial and Legislative Power—Financial and Legislative powers of
the House of Representatives are very limited. Senate can make any change in the budget
passed by the Congress, except its title. Similarly, Senate can also change the ordinary bills
passed by the House of Representatives. Al this leads to deciine in the prestige of the House
of Representatives.
11. Direct Election of the Senate-Direct election of the members of Senate after
1913 hes also led to the decline of the House of Representatives. Today, the same electorate
ives also elects the Senate.
which elects House of Representa! °
c dying the above arguments it seems that House of Representatives
is eect ieaes 17 other countries of the world and the Senate. This house is
Satake than lower houses um b the consluton and is performing many legislative,
financial, executve, constitutional and judicial functions. :
AKER OF THE HOUSE OF REPRESENTATIVES
In Ar SH me officer of the House of Representatives is called Speaker.
In America, the presisnd Crtne Speake “both ancient and honourable.” According
{ierng to Munro, the Of Sethe Speake ranks thd ater the ofe of President
and Vice-Presi
ice-Preskdent, Section-2 of the Constitution provides that, “The
icled,
snuston of the Spent Sse their Speaker and other officers... ” So, Speaker is
AA een TO 3
= — Comparative Poitical Systems Sem. V8.4,
ed in the first meeting of the new House..In America, various political parties or
Candidates for the office of the Speaker and the voting in the Noss eld on ‘he bowen thei
Generally, it is found that an influential member of the majority party in the House is bes
Speaker. That is why in America, Speaker has not been able to rise above party poitics,**
After the election of the Speaker, any senior member of the House administers him
of office and after this, the rest of the proceedings are conducted under the chairmanshi
the Speaker. eat
Mr. Paul Ryan is the present Speaker of the House of Representatives and he is to
Republican Party. "
Qualifications—Although there is no mention of the Qualifications relating to the office
of the Speaker in the American Constitution, however, according to convention, he must by
member of the House of Representatives. It is clear from this that all the qualification,
necessary for becoming the member of House of Representatives are also required forthe
office of the Speaker.
‘Tenure—There is no mention of the tenure of the Speaker also in the Constitution
Constitution only says that House can remove the Speaker by impeachment. It is clear from
this that Speaker remains in his office until he retains the confidence of the House. Generaly
the Speaker serves a two years term.
Salary and Allowances-Speaker gets an annual salary of one lakh and other
allowances. Besides, he gets free residence, government car and facilities like pension afer
retirement.
POWERS AND FUNCTIONS OF THE SPEAKER
There is no mention of the powers and functions of the Speaker in American Constitution
So, in America, the powers and functions of the Speaker are based on conventions and ihe
rules framed by the House. Gradually, the powers of the Speaker increased and some people
began calling the Speaker a dictator.
From Chairman to Dictator-in the beginning, the Speaker used to perform the function
of presiding over the House and conducting the proceedings of the House according to rues.
However, gradually, his powers increased to such an extent that from chairman he became ¢
dictator. Because of absence of any mention of the powers of the speaker in the Constitution,
he began exercising many discretionary powers. After that Speaker assumed the role of leader
of majority party in the House and gradually that of the leader of the House and started
directing the proceedings of the House. For getting their plans and bills passed by the House,
the majority party started depending on the Speaker and Speaker assumed the role in the
House which is played by British Prime Minister in the House of Commons.
This increase in the powers and position of the Speaker began in 1811 during the
tenure of Henry Clay and during the term of Speaker Reed, the powers of the Spe2!
increased to such an extent that he came to be called ‘Czar’. At that time Speaker himse
used to form all committees and was himself, Chairman of Committee of Rules. ‘According
LSet weabwall, "The Speaker had the power of life and death over almost everything that th
‘House undertook to do.” Joseph Cannon, who remained in the office of the Speaker ffm
1903 to 1910 was so powerful presiding officer that Brogan wrote about him, “whatever
Speaker let through that went through and whatever he vetoed was decently buried i"
Committees.” gn Congress
souse rats gevolution of 1910-14
it mae tl House of Representat alnst Speak
Mister plcan party raised voice againrece™® ae exercise of aos
irre igpeaker came to be st th uppet ot yet
mang ue from the office tthe cr ‘Revolt mm the ope ne "to, Moers
na $s | Etemmene a So hatmarsnga inet c ofthe Speaker. Te voce raised against
hey ime considerably limited, N back from him Cone oF Riles end the Goner to eet up
in powers and functi ‘onsequently, th \e power to set up
ing ions of the S| ly, the powers of the Speak
ion, hy the 4. To preside over the ween can be divided i _m
eau he at ine House and conducts proceediog cf tne House-s; 7 following headings:—
rea tc 2 To aive § penwieslon to ments of the House. peaker presides over the meetings
ri |e peaker before speaking an rs to Speak—Mi
a mgr to decide, who wil ng and when more than Slomibels bave o cockpenmenS
vitensttiton | sat To maintain discipline i pias ante, eae pepe, Ee
tie Clear fon speaker warns and requests for — the House-Speaker maintait i
Genet | te Tae Howsver, Gpesker oper conduct tothe member lane cicipine in the House.
| | se. But Speaker can adjourn paniat Punish a member Bor who chet the proceedings
lak atu Lead rin cectiotat te Blass se fo contol eisorder inthe House. ons win he
© pension ate) tte House. However, if te membe the House-Speaker interprets th
essen they can appeal to the bers are nol sale! with the ee metaton gi snpy the
; je
use, the bill is a8 —After th i it
B ccna’ [stems refered fo he concerned conte by he fat reading on the bills in the
rittes the bill sh e Speaker. Ifthe
aber ee should be referred, the decision is taken by ‘Ke Spesker,
nd some peope | ad can not use his tng Ve Set does not participates in the discussions. vet i
sede taes j 1, if there is tie on a particular issue, then the Speaker an
ym the ees 7. To certify the Bills~After the House passes the bi
en jing 0 nd fines his signatures. After signing by the Speaker, bil cont to peepee ebergact
yous ‘ | - it
a peer h ; _ = already passed it, then the bil is sent to the President oh pleco :
: ee 8. Leader of his party in the House-in Ameri ‘
ces a omy pary Inthe Hause, Therefore, he plays the Mec ofthe teaser oie ener rym
i nd protects the interests of his party: "
py the Hit 8. Cont
eit | se rol over the Galleries of the House-Speaker has control ov .
j the eres of the House and if necessary: he c= get them vacated. co
e absence of @ recognised leader of the House,
Seat, Leader of the House-Due th
is Iso plays the role if the leader of the House: He represents the whol
*e gardan ays ne ignty and prestige of tne House. ole Hotise are
‘osition of th _-No doubt, Speaker enjoys considerabl
hr e Speaker-NO , Sp jerable powers for conducti
wranedinas ie the House and for protecting its honour and prestige. However, oven his
iy Sere not as influential an rest le as that of the Speaker ‘of the House of Commons
Seip Britain. The Speaker of th rouse of Represertatives is responsible for maintaining
i fod in the House but he cannot punish any member of the House . Similarly, Speaker is
he perereter of the rules of Proc ure of the House, however, an appeal can be made to
use against the interpretation given by the Speaker. Moreover, American Speaker ie
306 Comparative Political Systems Sem. V (B.A, wf ~ He
does not disassociate himself, from his party after being elected as Speaker, rather he Protects,
the interests of his party and plays the role of the leader of his party in the House. That is wh,
he is unable‘to get the respect and cooperation of all the members As against this, the officg io"
of the Speaker in Great Britain is of much respect an honour. a
THE SENATE re
Senate js the upper house of the Congress ‘and the units of the federation i. states ev
are given representation in the Senate. From every ‘aspect, Senate is more powerful than the | /#" gen!
House of Representatives. Article-| of the constitution makes a mention of the Senate before. pe!
that al the House of Representatives. The framers of the constitution not only gave to the gfe e
Senate powers equal to the House of Representatives rather, 32¥% it more powers than the |isBieg |
House of Representatives in some spheres. Keeping in view its powers and special position,
Senate is regarded as the most powerful ‘second chamber in the world.
‘The composition and powers of the Senate are given as below:
Composition of the Senate-Each state has the right to send two representatives to
the senate. 7 here being 50 States in America, today, so Senate consists of 100 members. |n .
America, big_disparitis ng the states regarding size and population. On the pve
one hand, there are states like New York and California whose population is about one and se
a half crore and on the other hand the population of the state of Niveda is little above 2 lakhs, pis? c
However, in the Senate, equal representation has been given to ‘unequal states’ and principle se 0
of ‘equality of states has been adopted’. According to br. Bombwall, “The founding fathers |"
tried to make the Senate a backbone ‘of the American Federal System. ” Article-V of constitution a
provides that, “No state, without its consent, shall be deprived of its equal sufferage in the ne Set
Senate.” cl
Voice has been raised many times in the Senate against ‘Equal Representatives to ‘the V
Unequal States.’ However, this principle has been accepted as a compromise to save small | resid
states from the influence of big states. ,
Kamla Harris, 51, an Indian American woman was elected the member of Senate from | nq al
California state during the election held in November, 2016. Her mother is of Indian origin
and father is of Zamican origin.
Method of Election-In the beginning, the members of the Senate were elected indirectly
by the state legislatures but this method of election proved very defective because-(') the
rich _used-to-get the votes. of the legislators by bribing them. (ii) The influence of patties
increased and (iii) the members of the Senate did not consider themselves to be responsible
to the people.
Provision of Direct Election through 17th Constitutional Amendment-Keeping
in view the above mentioned defects of the indirect election, 17th amendment to the
constitution was made in 1913 by which it was provided that members of the Senate would be
elected directly by the same voters who elect the members of the House of Representatives:
It was also provided that if a vacancy to the Senate falls in any state, then the executive
authority of the concerned state shall order election for filling that vacancy.
Qualifications of the Members-Following qualifications are necessary for becoming
the members of the Senate:—
(Her must at least be 30 years of age.
(ii)- Ae must be citizen of America atleast for the last 9 years. yn CONFESS
se 307
we -
gate must be resident of the state from which he |
fiyHe must not hold any offi is contesting the election
orang to the consti ice of profit in the government.
ion and qui aoa Senate has also been authorized to take decision regarding
cits seat in the Se rary member. Senate can debar a duly ‘elected member from
uml 1n 1962, Frank L. Smith i a decision of the majority of the total members. For
‘ania state, were debi elected from llinois state and William S. Vare, elected from
Fe can also dept arred from assuming seats In the Senale.
seme 1995, the 2 deprive a member of his, membership for his immoral activities. In
erp Packwood for hi ‘ommittee had recommended the expulsion of its member
sgenatot 20» resignation befo is sexual misbehaviour, But Senator Bob Packwood had
vdeo in 1982, Senator re the resolution to remove him from the house was passed.
re Ne Dares “f Harrison William had resigned from the House because the
senate Eth ad recommended his expulsion from the House under the charges
gf corruption.
Tenure of the Senate-Senate is permanent House, 1/3 of its members retiring every
wo years. Tenure of a member of the Senate is 6 years.
session of the Senate—The session of the Senate starts alongwith the session of the
House of Representatives ‘on 3rd January every year and It ends alongwith the session of the
iouse of Representatives. Ifnecessary, President can convene special session of both houses.
Quorum-An absolute majority of the total members i.e. 51 members is the quorum of
‘te Senate.
Chairman of the Senate-Article-I, Section-3 (5) of the constitution provides that,
‘The Vice-President of the United States shall be the President of the Senate.” So, Vice-
Fresident is the ex-officio Chairman of the Senate.
Article, Section-3 (5) provides that, “The Senate shall choose, their other officers
ind also a President pro-tempore, in the absence of the Vice-President or when he shall
wercise the office of President of the United States.” So, in the absence of Vice-President,
President protempore presides over the meetings of the House.
It must be remembered here that the Chairman of the Senate enjoys less powers than
tte Speaker of the House of Representatives. Vice-President is not a member of Senate, so
use only casting vote.
te does not have the right to vote. He can
Privileges of the Members-(i) Every member of the Senate gets an annual salary of
$141,300 and besides he also gets conveyance allowance and office allowance. (ii) Members
4s get pension after retirement. (iil) No member can be arrested in a civil case during the
pon, (jv) Members cannot be forced to give evidence in a court or to act as member of the
ry.
.
ah
Freedom the House-Members of Senate have full freedom of speech
heen ered peak ein and again onthe same issue, That is why Senate is
"Forum of Free Discussion: ;
‘ Filibuster-Freedom of expression in Senate has given birth to an evil named as
ister’, Some it cobstructionism’. The object of freedom of speech in the Senate
sto enable edaaant dak sgh aiscussion onthe bits, However today, most members
86 this freedom and create hindrances In the passage of the bills through irrelevan’
nr
WIR LALA ARK 308
_ < Comparative Political Systems Sem. V (5 4
Speeches. Their aim is to have changes in the bl according to their wishes, otherwise s
would na allow the bills to pass. A member can go on speaking on any subject in the Sen
Al his throat permits In 1903, Senator Tillman continued to read poems from Byron's 2?
jon Juan’. Haflin prevented the House from conducting any other business by readin
personal letters and poems in the House. In 1957, Senator Thurmond spoke in the red
for more than 24 hours, While expressing his views on this issue Senator Robinson jay
said, “When a Senator takes the floor, nobody but Almighty God can interrupt him.”
Nancy Pelosi's Eight Hour Long Speech in Senate, February, 2018 On Februa,
8, 2018, United States House of Representative Minority leader Nancy Pelosi spoke fo,
More than eight consecutive hours in a record breaking marathon speech protesting a budge,
deal reached by Senate leaders. Pelosi's day long filibuster was an attempt to force a How
vote on protection for dreamers, young undocumented immigrants brought to the US ay «
Children. Pelosi read letters from young immigrants whose temporary protection was going i,
expire soon,
‘The Closure Rule-To check the misuse of freedom of speech in the fouse, a rule was
made In 1917 by which it was provided that if the motion for closure is moved by 1/6 ofthe
members of the House and is accepted by 2/3 majority of the members present in the House
le was amended and 2/3 majority of the tota}
then the Debate would be closed. In 1949, this rul
rembers was made obligatory. In 1959, the closure of debate rule was again amended ang
the eituation of the closure rule of 1917 was restored. So, today, the motion for closure of
Gebate in Senate can be introduced by 1/6 of the members and it would be considered as
passed after getting 2/3 majority of the members present.
POWERS AND FUNCTIONS OF THE SENATE
Following are the main powers and functions of the Senate :~
4. Legislative Powers-Ordinary bill can be introduced first in any House but the
approval of both the Houses is necessary for passing them. If there are differences between
the two houses on passing a bill, then Conference Committee is set up to resolve the c
differences which includes equal members from both the houses. If the Conference Commitee that as
is unable to resolve the differences, then the bill lapses. Thus, we find that in legislative and pe
sphere, the position of the Senate is quite effective. wa
2. Financial Powers—Although money Bill can be introduced first in the House of inthe
Representatives, however, Senate has equal powers with the House of Representatives for tole
passing it. Senate can make any change in the bill passed by the House of Representatives. ignor
passing i. Senate C20 amendments inthe Tan Bil Generally itis said that Senate can on
make any change in the money bill except changing its title. cand
3. Executive or Special Powers-The Founding fathers wanted to make Senate 2n
i ittee of the President. However, the Senate did not accept the advisory role
rather, if became partner in the exercise of many powers by the President. For ingtance-
(i) Approval of the Senate is necessary for all the higher appointments made by the
President and many times Senate has refused to approve the appointments proposed by the
President. President Nixon wanted to appoint Patrick Gray as Director, of Federal Bureau of
Investigation (FBI) and Kleindienst to the office of Attorney General, however, Senate rej
both the names. President George Bush wanted to appoint John Towar to the office of Defence
Secretary but Senate refused to give its approval. 309
Ny
SS ponomaes
ji Approval by 2/3 major
(iy APP majority of Senate is also
i he
gent also necessary for all treaties concluded by t!
rete iid not give its approval to the me ne member of the League ‘of Nations because
x le Treaty of Versailles. In 1999 Senate did not give
| over Comprehensive
ea eee ponte Test Ban Treaty-C.1.8.7. proposed by President Bill Clinton
ey play an important investigating committees regarding administration. These
m Tole in keeping the executive responsible.
Constituent Powers— :
4Col wers—Together with the House of Representatives, it takes part in
cedure of the constituti $s
ae arent bill by both WeTOWes bree ‘and the passage of the constitutional
5. Judicial Powers: Sonate investigates the charges framed by the House of
ati noving from office, President, Vice-President, judges of Supreme Court
zed other high Ciiian officers and i after investigations, Senate acnepts the charger by 2/3
apy of the members present and voting, then the concemed official is removed from office
must be remembered that when Senate sits as Supreme Court for hearing the cate of
impeachment of President, this meeting is presided over by Chief Justice of the Supreme
Court.
6:Electoral Powers) If no candidate gets an absolute majority of the electoral college
{or election to the office of Vice-President, then Senate elects Vice-President from almost
fist two candidates. (jl) When the office of Vice-President falls vacant, then together with the
touse of Representatives, Senate gives approval to the name proposed by President for the
office of the Vice-President. (iii) Senate also elects its Pro-Tempore Chairman.
_1, Approval over Foreign Policy-in America, President is the architect and conductor
of foreign policy. However, he also has to take the approval'of the Congress over foreign
polcy. Senate Foreign Affairs Committee regulates President's powe! ‘of formulating foreign
polcy, Besides, alongwith the House of Representatives, Senate also makes a declaration
about war and peace.
Conclusion-After studying the above mentioned powers of the Senste, we can conclude
thatas compared to upper house in the other countries of the vcrld, Senate is quite influential
and powerful House. The importance of the Senate in America cen bbe as. 2°3ed from the fact
that every important leader wants to become the member of the Senate. ine views expressed
in the Senate are given a place on the front pages in national and international press. The
tole of Senate in checking President from becoming a ‘Colossus’ or ‘Dictator’ cannot be
ignored. According to Bryce, “Senate on the one hand is the centre of gravity in the
Goverment and the authority fo check and correct the democratic recklessness of the House
‘and on the other authority the monarchical ambition of the President.”
SENATE IS THE MOST POWERFUL
SECOND CHAMBER
In most of the countries, upper house is given less powers as compared to the lower
use. Upper house merely Plays the role of a delaying chamber. Upper houses in Great
Britain and India can be cited aS ‘examples. Moreover, although in countries like Soviet Union,
itteriand and Canada etc. upper houses have been given equal powers with the lower
house, even then upper houses in these countries have not been able to decrease the
importance of lower Houses and they have, themselves, accepted the position of subordination
ar houses. However, the situation is quite opposite in America and this can be assessed
t studying the ahead given views = 310
Comparative Political Systems Sem,
= - V (6.4,
i in Legislative Fieldin America, ordinary bill can be introduced first in an 4
lowever, it can be sent for the si reno
t ignatures of the President only after the passage of ine *®
by both the houses. If differences crop up between the two houses regarding paves Ol
Ordinary bill, then a Joint Conference Committ sane th i
: " tee of both houses is set up to re; 'e (07 al
differences, Members from both houses in equal strength are included in this commnee’® so
ven this committee fails to resolve the differences, then the bill lapses. | sana
___. As compared to this, the legislative powers of Council of States in India, House of as
in Great Britain, Senate in Canada and House of Councilors in Japan, etc are much less wars
the American Senate. In Great Britain, the House of Lords can delay the ordinary bill ot
maximum period of one year. a
___ 2. In Financial Field-Like other countries, in America also, the money ill isfy
introduced in the lower house. However, the Senate can make any change in the money bj,
except the change of the title. Sometimes, Senate even changes the original character of the
money-bill by making various changes.
‘As against this, upper houses in countries like India, Great Britain have very limiteg ast
financial powers. In Great Britain, the House of Lords has delaying power of 30 days and in ibe
India, Rajya Sabha has delaying power of 14 days over the money bill. ore
3. In Executive Fleld—in most of the counties, executive has been made responsible i c
to the lower house and its examples are countries like India, Canada, Great Britain, Austraia | Oot6
etc. In these countries, lower house can remove the cabinet from office by passing no. | Senale
confidence motion against it. But in America, House of Representatives does not enjoy this |
power. In America, Senate is partner in the exercise of executive powers Of the President. For 1.
instance American President has to take the approvalof the Senate over the treaties concluded | ordinat
with other countries and higher appointments. These are the special powers of the Senate | ¢f both
which no other upper house in the world enjoys. We should remember that America could nat | onfere
upper house in the world enjoys. We should remember that America could not become the | ind the
member of the league of Nations because Senate did not approve the treaty of Versailles. In
October, 1999, Senate refused to approve Comprehensive Test Ban Treaty-C.T.B.T. proposed 2.
by Bill Clinton, the then President of U.S.A. Repres
4. In Judicial Field—The judicial powers of American Senate are also much more than ae ,
the upper houses of other countries of the world. For instance-(i) American Senate decides | 1:0”
the disputes regarding the election and qualifications of its membér and debar any elected | “le a
member from assuming his seat in the house. No other upper house in the world enjoys this _ 3
power. (ii) The power of impeach President, Vice-President and high civiian | import
officials are framed by House of Representatives. Senate sils as highest court to investigate | atvisg
the charges and if 2/3 majority of the members of the Senate present and voting approves
these charges, then the concerned official is removed from office. "espor
Here it must be remembered that in Great Britain, House of Lords acts as the highest | Senat,
court. However, when House of Lords meets as the highest court, only law lords participate I" '
the meeting. (
5. In other Fields—Besides the above fields, the powers of the Senate in the field of mt! Qe
constitutional amendment and holding administrative investigations-are-also in no way i ap
than the House of Representatives and upper houses of other countries of the oe A N
Investigating committees set up by Senat ica'has contributed significantly in expo: * hir rnokal Chonge —— -
ican Congress.
ice 311
jon in administration. 71
grt hensive of the & he fact is that President and other administrative officials are
eo fenate than House of Representatives.
jon-After maki
cy cone most Poveda of these views, we can say that American Senate
shy, i] ter beon a tine and proba ‘amber in the world. Prof. Munro has rightly said, “There
pas ly will never be when the Second Chamber of the Congress,
Bre pte a
. og inh we Sere ee are e s Secondary Chamber. The Senate isnot key to meet the same
Thy ae ‘are far-reaching.” ncountered in Parliament of Great Britain. Its constitutional
‘Mone if ;
ley
in gy, MUTUAL RELATIONS BETWEEN THE SENATE AND
nal haat THE HOUSE OF REPRESENTATIVES
oe OR
Ne ey 4 SENATE IS MORE POWERFUL IN COMPARISON TO
OF 39 done HOUSE OF REPRESENTATIVES
ny Article-+ ofthe American Constitution provides that, “All legislative powers herein granted
Made te shall be vested in a Congress of the United States, which shall consist ‘of Senate and House
at Brita ett of Representatives.” Thus, according to the constitution, a bicameral legislature which is
1 called Congress has been provided in America. The upper house of the Congress is called
Joes 1» | Senate and the lower house is called House of Representatives. Mutual relations between
notre | them are described as below—
treaties, Ly 4, Legislative Relations-in the legislative field, both houses enjoy equal powers.
fare of ne ordinary Bill can be introduced first in any House, however, its passage requires the approval
er ka | oy both the houses. If differences arise over the passage of a particular bill and the Joint
' ercacait | Conference Committee is unable to resolve the differences, then the bill lapses. Thus, we
id eet ind that in the legislative field, the position of both houses is equal.
ot ml 2. Financial Relations—Money Bill can be introduced first in the House of
TBP eesresentatives only. However, both houses enjoy equal powers regarding passage of the
ite eald sbout American Senate, itcan make any change in the Money Bill except the title
9 much ss ofthe bill and sometimes the changes made by the Senate are so vast that the bill is given
an Senate o quite a new form.
debat a7, 3, Executive Relations-in the executive field, the position of the Senate is more
g world 2 important and influential. The founding fathers of the constitution wanted to make Senate an
High | avis fent whereas Senate, instead of becoming an advisory body, has
yt and ‘ory body of the Presid
court to! ot? become an effective check on the President. In most of the countries, executive is made
3 votind responsible to the lower house. However, in America, the situation is quite opposite because
up Sez eriogs some special powers regarding executive which the House of Representatives,
sagt] ‘8 Rot enioy. For instance” , :
pot ()Allthe higher appointments made by the President require the approval of the Senate
act
jords ol nd generally it has been found that many times Senate has declined to give its approval to
igi ‘he appointments made by the President. : :
nate 0! Moreover, whenever, President makes an appointment ina state, ithas become necessary
on ‘i a tor him to consent aus cenators of the concerned state, which is called Senatorial Courtesy.
ewe
Ei pecmevem “Ok hectrnpewbp ith LQ ODA CTY . once | Masters 9
312
Comparative Political Systems Sem. V (a. My
he approval of the Senate by 2/3 majority oye,
'© approval
the 1 tis obligatory for the President to get t
ttn one entered into with other states and no treaty can be enforced without th
© Senate. These special powers of Senate make its position quite important.
4. Judicial Relations-In the judicial field also, the position ofthe Senate, as com,
e House of Representatives, is more effective. The lower house frames the
Seainst President, Vice-President and other civilian officials and after acceptance
charges by the lower house, the Upper House investigates these charges. If after inve
Senate accepts these charges by 2/3 majority of the members present and vot
Concerned official is removed from office.
5. Constitutional Relations—in the constitutional field, both houses enjoy equal powers
because constitutional amendment proposal has to be approved by both houses with 9/5
majority.
Pare
to th pad
of these
tigation,
) then the
8. Relations In other Areas-in some other areas also, Senate and House of
Representatives enjoy equal powers. For example:
(i) Together with the Senate, House of Representatives makes a declaration about war
and peace.
(ii) House of Representatives and Senate can set up investigating committees to make
investigations into the administration.
(ii) Hf @ candidate fails to get an abSolute majority of the electoral college for election to
the office of President, then Senate elects President from amongst first three candidates on
the basis of the principle of ‘One State One Vote’, Similarly, if a candidate fails to get an
absolute majority of the electoral college for the office of Vice-President, then Senate elects
Vice-President from among first two candidates.
(iv) House of Representatives elects a President to preside over its meetings and the
Senate elects a Pro-Tempore Chairman who presides over meetings of the Senate in the
absence of Vice-President.
After studying the above relations between Senate and the House of Representatives,
we find that except in the executive field, in all other fields, Senate and the House of
Representatives enjoy equal powers. However, so far as authority and prestige is concerned,
Senate has become first house of the Congress, rather than Second House. Senate is the
only House in the world which enjoys such important powers in the administrative sphere.
FACTORS RESPONSIBLE FOR MAKING SENATE
MORE POWERFUL AND IMPORTANT
We have studied that the position not enjoyed by the House of Representatives in the
American political system is enjoyed by the Senate. Senate is considered to be the Backbone
of American federation. To save small states from the domination of the big state, every state
has been given equal representation in the Senate. Discussing the importance of Senate
Huskin writes, “There are things which President and the Senate may do without the consent
of the House of Representatives and the things which the House and the Senate may 40
without the assent of the President, yet the president and the House can do comparatively
very little without the assent of the Senate.”
Besides the ‘Special Powers’ of the Senate, there are some other factors which make its
position effective— SS one LANGE
~ SS Moores
ta hg “ A) 4, kona, Tenure-Senate i parmanen 313
SIN 8 os ne aaa st thi, the tenure use Ouse and iis member remain in office for 8
Dey cas Fo nee mot ee themselves wth Representatives is 2 years. During these 2
en Ira SN one ele consider themselves On the king of the House and they become
e
be: sale ann ne because of long tenure, members of
they are able to comprehend national and
Reg ", 4, Permanent HoUS®-Senate is a perma
Y ba ej and new members are elected nent House, 1/3 of its members retire every 2
bath \ efuse cantinuss in permanent form Neat Bace. Thus, members come and go whereas
Ou ‘oid members. However, this is ly elected members lear a lot from the experience
Not the it
Sehatg ” gmail Size of the Senate case with the House of Representatives.
T
ang equenty, each senator lope Members from each state are elected to the Senate.
2 Greepresentatives. Secondly, bedaligs oo People as compared to a member of the House
Votarat n fie. Every member of the Senate a ‘small size of the Senate, its debates are more
ti oe not possible in the Hous ets full opportunity to express his views. However,
19 ly samt e of Representatives.
“omits ic 4 Pi onecutve Sees Compared to the House of Representatives, Senate
ting] ot ment and treaties made merica. The approval of the Senate is obligatory over the
sp erosident, Many ie bp the President. Thus, Senators are advisors as well as
three rey tas fe appointments and t nces can be cited which created crisis for President by
1 8 Candida ae TP islative Pl treaties. House of Representatives does not enjoy such power.
to . Equal Legislative Powers~An ordinary bill in America is not considered passed b
nt, then Sena the Congress until it is passed by both the houses. Joint Conference Committee if set up 0
resolve differences between the two houses regarding an ordinary bill in which members in
rits meetings equal aan php) ‘from both the houses. If this committee is unable to resolve the
; of the Sen ‘ai | differences, then bill is rejected. Thus, equal legislative powers increase the prestige of
any, | the Senate.
Z 6, Equal Financial Powers-Generally in most of the countries in financial matters, the
@ of Represenii, | lover house Is more powerful in comparison to the upper house. The approval of the upper
te and the Hoxed | house is just a formality over the annual budget of the nation. But in USA the financial powers
prestige is conn J of both the houses are equal and the Senate can make every change in the money bill
House. Senaest | passed by the House of Representatives ‘except changing its title. This adds to the dignity
minisratve pet | prestige of the Senate.
7, Direct election of Senators—17th amendment made in 1913 provides for direct
NATE flection of the members of the Senate. Today, the position is that the same electorate which
tlects House of Representatives also elects members of the Senate. Thus, in America, like
House of Representatives, Senate is also a popular house and this has increased the prestige
of Senate,
8 Senate—There is freedom of Speech in Senate and a member
o ‘peak open Secon an the same issue. THis facilitates proper discussion on every
Matter and many hidden facts are exposed. Howey”, this is not possible in the House of
Representatives On February 8, 2018, MS Nancy Pelosi, the leader of the Democratic Party
inthe Senate had delivered ‘an eight hour long speech for the protection of the interests of
YRung dreamers whose stay in US was going to expire soon.
9. House of Experienced and Senior Politicians—Generally, it is seen that
fe of Able, Exh Itilan prefers to become the member of Senate.
i ior . oa
Palteal panes ones ere er oitcian in the Senate, Ordinary politicians use all states have been given equal representation in the Senate which is not proper. Lindsay
group, that this is billion group or that so and so is indus’
interests, Senators do not even care for party discipline,
= ~
a conga ote Sta San ng Ser
6 Get
House of Representatives t tone for becoming the members of Senate, g—~!/ m
natural that the presence of able, Spetonced and senior in the Senate Politics Increase a8
importance. ’ g th
f solidarity among of we
10. Solidarity of the members of Senate-There is a feeling o a ‘ r
Gembers of Senate. Generally, itis seen that f President violates the convertion of Seats :
Courtesy, all Senators take it as their insult and together they bs many times by wrt
made by president. President Franklin D. Roosevelt had to face det i Senators get’, lating nit!
oe Convention. Generally it is found that to protect their privileges ‘Pether of) ie
forgetting their party differences. i Be
11. Equal Representation to States-in the House of os alosg tae hr rebels v Meet
representation is population. Therefore, as compared to small states. eS ee oo in in re
this house. However, this is not the case in Senate because every en
equal representation in the Senate. So, the principle of equality of the units of federation, has
ur
been maintained in the senate. chment. Ay tn
12. Court of Impeachment-Senate is also the highest court of impeat | Although,
for removing President, Vice-President and other high civilian officials, charges sre fered ty -
the lower house, yet Senate investigates those charges and if it accepts neon me by2n Luar
‘majority of the members present and voting, then the concemed official is romney TOM office va
Conclusion—Because of the above mentioned facts, Senate has acquired an important
Place in American Political System and it has become the focal Point of administration ag, nes
whole. In America, every politician has the ambition to become member of the Senate. May Pro
Presidents, before reaching this office, had been important and active members of the Senajg | itr
For running the administration firmly, it is necessary for the President to get the cooperation
of the Senate.
WEAKNESSES OF THE SENATE
Undoubtedly, Senate is very powerful and effective house. However, following
weaknesses are also there in the Senate— U
1. Corruption in Elections—Money power and corruption play an important role in the Se
election of the members of the Senate. Electoral Constituency being very large, ‘only rich in
Persons are able to contest elections. According to Prof. Laski. “There are always some R
Senators whose election is difficult to. explain and still more difficult to justify.” Prof. Laski even
said, “There have been some Senators from Pennsylvania who ought to have been in jail
instead of Washington.” By the direct election of Senate introduced in 1913, from millionaires
club, it has turned into a Multi-millionaires Club,
2. Represents the interest of Rich People—All the Members of Senate are Muli-
milionaries and instead of Tepresenting the interests of common People, they represent the
interests of the rich. While formulating policies also, they care for the interests of the tich
only.
3. Existence of special interest groups In the Se
members of the Senate represent special interests as ag:
America, It is commonly heard about the member of the
Nate—Generally, it is seen that the
ainst national or public interests. I
Senate that so and so is agricultural
trialists group. For protecting speci!
4, Principle of equal representation to unequal states is Wrong-Big and smal. a
rican CONGIESS,
jiew that 1/5 of th
of the view 1e whole Ameri -
jemooratic. rican population gets majority in the Senate which is
i rsdn icf Speech is Misused_Momb
dthis freedom misused by minorit Members of Senate enjoy freedom of speech
stay ofthe bil which it does not ty. Minority creates obstructions by long speeches in
bils. They divert the attention of members besnecina ks ne an of even
¢. Unwanted limitation on the po ers by poems and personal correspondence.
‘ ctaions imposed by Senate has played pei of the President-There is no doubt that the
adit checking him from becoming Stake important role in making the president responsible
oat opposed fo President has majority i a However, sometimes and particularly, when the
rriserable. Senate does not give its a in the Senate, the position of the President becomes
fewants to conclude. The example a ate sppoiriment he wants to make or treaty
ilson is
7. Misuse of Convention of Senatorial coi am one f Senatorial
cqutesy has increased corruption in American i Courtesy e convention of Senatori
i ive system because with the help
giitis convention members get top posts for their relatives and friends.
8. Misuse of the power of Investi ji
a : fil gation-Senate also enjoys the power of
investigation. However, sometimes it is found that Senate ‘exercises this power not on the
tasis of merit but with the feeling of revenge to harass President.
Conclusion-No doubt, there are many weaknesses in the Senate, however, despite
these weaknesses, Senate occupies a special place in the American Constitutional System.
Prof. Laski has rightly said, “Despite all these grave faults in the functioning of the Senate,
itremains without exception the most successful second chamber in the world.”
COMPOSITION AND POWERS OF AMERICAN CONGRESS
OR
ROLE OF THE CONGRESS
In America, the federal legislature is called Congress. It consists of two houses. The
Upper House is called Senate ’and the lower house is called House of Representatives. Articles,
“All legislative powers herein granted shall be vested
315
6
v
roleit® | Section-, of the Constitution provide
,onyi@ | in the Congress ar the united ‘States, which shall consist of Senate and House of
ayssi™ | Representatives.
ssi Note-For the composition of the Congress, see the first part of the chapter.
pee it AND POWERS OF THE CONGRESS
ili" The powers ai sc oiees and the role being played by itcan be divided into following
head °
we ings— . a
af? ie 1. The rs exercised by the Congress can be divided in two
iy 2 | pans Legislative Powers-The powe'
wf ()Ofginal Powers anc (i) Implied POW
We . ers
i le shall discuss two types of rs which were conferred on the Congress by
the Qoriginal Powers—These ate he Pistia powers aso. Some subjects have been
Wied in Rou call them the constitution on which Congress can make laws. For
me rticle-l, Section” © ‘construction of post-offices and postal roads,
tequiti® Taxation coinage raising establishing subordinate courts,
lon of inter-state and foreign
joans, cons
trade, raising army, | Page sin
Be Comparative Political Systems Sem. V (B.A. 1
making declar: i "
rane seca ration of war and peace formulation of foreign policy and regulation of
(il) Implied Powers-it has also been stated in Article-1, Section-8 of the constitutio
that Congress can legislate on those subjects also which it deems ‘Necessary and Proper’ c
implement laws relating to the subjects conferred on it by the constitution, Supreme Cour
created the ‘Doctrine of Implied Powers’ on the basis of the words ‘Necessary proper’
incorporated in Article-|, Section-8 of the constitution by which Congress has got many more
legislative powers. For instance, Congress has the power to control inter-state trade. However,
‘on the basis of the doctrine of implied powers. Congress has also established full control
over means of transport because according to Congress, Inter-state trade cannot be regulated
properly without control over means of transport. Similarly, Congress has acquired the pov
to make laws on many more subjects. o
it must be remembered that by 10th amendment to the constitution, Residuary Powers
have been given to the states.
2, Constituent Powers-The proposal for amendment to the constitution must be
passed by 2/3 majority of both houses of Congress. However, it must be remembered that it
Psscessary to get the approval of 3/4 ofthe state legislatures over constitutional amendment
proposal. It is to be remembered that regarding the approval of states over- any constitutional
arepmament, Congress can decide that approval over the amendment concerned would be
given not by state legislature but by specially convened Constitutional Conferences.
43, Financial Powers—Congress has supreme authority overt national finance, Congress
passes annual budget of the country which is prepared by Bureau of the Budget, under the
Eupervision of President. Congress can make any change in the budget prepared under the
Supervision of President. President and other administrative departments cannot spend any
money without the approval of the Congress.
4. Control over Executive-There being Presidential form of government in America,
there is no relation between executive and legislature. However, despite this by the ‘Principle
wrechecks and balances’, Congress has been given executive power to make executive The fou
responsible to Congress. For instance, the approval of the Senate is necessary over high ind honoura
appointments and treaties concluded by President with foreign countries. rior to that
5, Judicial Powers—Congress is the highest court of impeachment. The resolution to ce Br
remove the President, Vice President and other high civilian officials is introduced in the Pyare ir
ower house of Congress and Senate investigates those charge. If Senate accepts those 1930s till
charges by 2/3 majority, then the concerned official is removed from office. Both houses of te prestige
Congress also decide disputes regarding the qualifications and election of their members. sponsible
6. Electoral Powers-(') If no candidate gets an absolute majority of the electoral college 4. Lac
for the atfiee of President, then House of Representatives elects President out of fist three [4egiong
tor idates on the basis of the principle of One State, One Vote. (i) If no candidate gets fi thided j
majority of the electoral college for the office Vice-President, then Vice-President is elected ressic
by Senate from amongst first two candidates. (ii) Members of the Senate elect theit Pro 2
Pmpore Chairman and members of House of Representatives elect their Speaker. (6) Vice hembel®
President, nominated by President, must be approved by Congress. up
7, Power of Investigation-Members of Congress can seek any information from heads thei, =
of executive departments. Besides, there are some standing committees of Congress which 3, i
tan undertake any investigation regarding departments concerned within their sphere They Toop: Ey
can summon executive heads to appear before them and can seek any information from ‘ollin,
Se caaemenemmemaenennenaactan eit 3 E- Sr gecuar seronge
ofican CONOTESS
Fe ic, Caen a
innit Dosed many scandals regarding oy
oes ent Hardinge’s term and Watereara ne 2aministration, For i
Prgress gets Opportunity to establish its cant during Preaident Noow'e wim By is
g. Supervisory Function—Vari Control over executive vont Ser Ey ees
Various, ti -
resident presents them bet executive de}
si Preset nd Tus Supa fore the Congress, departments prepare their annual reports
ri pervises adine ress Congress discusses the report presented
9, Power to declare War and Pea
peniecessary, APProves mil
Service Act
40. Admission of New Stat
finto the Union. In the bakin the Union-Congress has the right to admit new
gay their number is 50 which ng, there were 13 states in American Union, whereas,
o af Tieuaianeen na were included inthe American union from time to ime.
cceedings. (i) Both houses mene Both houses of Congress frame rules to regulate their
aetnon (member of tsi fe the date proroguing the houses, (il) It awards punishment
3 foraign trad ‘ar jes) who commits contempt of the house, (jv) Regulates inter-
date and foreign trade, (v) Gives approval to the military and financial aid to foreign countries
pe 317
cial Investigating Committees. These
. c
itary expendi re Congress makes declaration of war and peace,
re and if necessary, can pass ‘Compulsory Military
imend
NY COnstivigg |! be given by President, (vi) Passes resolution for imposin, ti i i
: y Be g sanctions against other countries.
Serned voll in 1986, during the term of President Reagan, Congress passed by 2/3 majority resolution,
ferences, for imposing sanctions against South Africa despite Presidential veto.
nance, Conges Conclusion—After studying the above-mentioned powers of Congress, we conclude
udget, unde te that there is hardly any part of administration which does not fall under its control. The
Sieve, | metbe = ehecks and balances has concentrated executive, financial and judicial pow
ppare tesides the legislative powers in the hands of Congress. However, this does not mean that
sannot spetia} | the powers of the Congress are unlimited, Constitution, judiciary and President limit its powers.
Thue the American Congress is less powerful than the Britsh Parliament.
ment in Ane DECLINE IN THE POSITION OF THE CONGRESS
spy te? |The founding fathers of the constitution seer have made Congress more powerful
5 make eV and honourable as compared to > consiigans. Mention of Congress inthe constitution comes
cesar vet? I brior to that of executive. Moreover, Congress has been kept free from executive and it is not
; indian or British Parliament a body accepting the wishes of the cabinet, rather it exercises
1} eective control over executive. However, SOT ‘scholars are of the view that since the decade
Tne 15°F | of 1930s til today, the ye of congress have come info the hands of President and that
cel he prestige of plies press ting day-by-day for which the ‘ahead given factors are
tesponsible— : =
itis found that narrow feelings of provincialism
aceon ot Nationa Featings- Sg members tyne Congress. Thats why Conaress
is egonala are revale? more pacts of ferent areas Potter has rightly said, “No
fal " ole.”
ic tion as awl
naressional organ represents #9 MAT. se Groups also dominale CTS All the
nenZa influence of Presi, Grohe into diferent FOuPe ‘ike Business Group, Cotton
a ne Congres re Grou jc, These aroun always strive for the development
, Labour Group, Indus jonal interests.
their narrow interests rather than, eee erthe Congress are vicims cite ect
a Rabvll of Log Rolting-Most of tw te prince of pergaining and for the fulfiment of
“f ‘ling. Thay function keePnd
eer SAP ODAL ANIA 318 Comparative Poltical Systems Sem. V (B.A,
their selfish interests, they make compromises with members of other political parties aig,
This encourages opportunism and political corruption. ;
4. Lack of strong Party Discipline-As against British Parliament. there is lack of pan,
discipline in the Congress. Party discipline brings unity and organism” Nena Memb
and denounces the politics of opportunism. In America many bee J ree eal at Without
bothering about party discipline the members vote in favour of the other p arty,
®. Power of Judicial Review-American Supreme Court can deciere wlra-vites a
law and constitutional amendment passed by Congress on the pasis that, it was not jy,
conformity with the constitution. This also limits the ee s
