The

Legislature The American Congress

he legislature of USA is known as
Congress. In accordance with the dictates of the
Separation of Powers, the US theory o
Constitution vests the law-making powers of the federation in
Congress. Article 1 of the Constitution tne
categorically states, "All
Congress of the United States, which shalllegislative powers herein greane
shall be vested in the ted

Representatives". This article not only gives to the consist of a Senate and House o
subjects but also specifies its bicameral Congress law-making powers
the
character. It has two over the rederai
House of
Representatives. The Senate has come to be knownhouses,
as the
known as the
Senate and the
Representatives as the lower house. upper house and the House
of
Powers of the US Congress
1.Legislative Powers. Congress is the federal legislature and as such
all the
subjects enumerated in Article 1 Clause 8 of the USs enjoys law-making powers over
federal
powers of the Congress can be Constitution. The legislative
classified into three parts
and Concurrent Powers. namely, Delegated Powers, Implied Powers

Delegated Powers. Delegated Powers are

enumerations in the Constitution as well those which
the Congress derives from the
as the
specific
States is powers that arise from the fact that the United
a
sovereign state.
Implied Powers. Implied Powers of the
Congress means the
delegated to the Congress but which are available to it for powers which have been specifically
exercising the delegated powers.
powers of the Congress are the
necessary and proper powers which it Jmplied
which are essential for using its possesses by implication and
constitutional powers.
Concurrent Powers. Concurrent Powers the law making powers given
are
by the Constitution to the
Congress and state legislatures. Both the
federal and state legislature can tax and
banks and corporation, establish and maintain borrow charter
courts, set standards of weights and
property for public purposes and spend money to provide for general welfare. measures,
take

2.Executive Powers. The US Constitution vests the executive

powers in the US President.
Nevertheless, the Congress, particularly the Senate, has been given some executive powers to
the possibility of misuse of powers by the President. Moreover, all appointments made by the
check
President become effective only when approved by the Senate. All treaties signed by the President
become operative only when Senate ratifies these by 2/3 majority. The Congress enjoys the
exclusive power to declare war.

3.Financial Powers. The Congress enjoys extensive financial powers. It is the custodianof federal
finances. It controls the national purse. The Bureau of Budget helps the President to prepare the
budget. It is then presented to the Congress by the President. The Congress then passes the budget
with all the amendments that it deems fit. The Congress alone has the power to levy and collect
taxes. It passes the budget and appropriates the revenue. It decides the quantum of foreign aid that
USA gives to other states.

4.Judicial Functions. The Congress also enjoys a variety of judicial functions. It has the power to
determine the qualifications of their respective members. Each house has the power to punish any
person tournd guilty of committing the contempt of the house. It also play an important role he

impeachment of the President, the Vice-President, Judges of the Supreme Court and other hign
federal civil officers if they are found guilty of high crimes.

5.Constituent Powers. The Congress has the right to initiate amendments to the Constitution. Articie
Vof the Constitution gives to the Congress the power to initiate proposals for constitutional
amendments by 2/3 majorities in both houses. Such amendments, however, become parts of the
Constitution only when these secure ratification from at least %of the US Federation.

6.Electoral Powers. The Congress plays important role in the electoral

process of the President and
Vice-President of United States. When in a Presidential
election, no candidate is able to secure
absolute majority, the House of
Representatives elect one out of the three top candidates in order
of votes polled by them.
Likewise, if no Vice-Presidential candidates secure the absolute majority of
vote, the Senate has the power to elect one of the first two candidates as the
Vice-President of USA.
The Senate: Composition, powers and functions.
The Senate is the second but most
powerful house of the Congress. It has a larger share of powers
than the House of Representatives. In fact, the Senate has
the distinction of being the most powerful
second chamber in the world.

Composition. The Senate is composed of 100 members consisting of two representatives from each
of the fifty states.

Qualifications. A person to be eligible for membership of the Senate must possess the following
qualifications:
1. He must be a citizen of USA.
2. He must have been resident of USA for at least 9 years.
3. He must have attained at least 30 years of age.
4. He must be an inhabitant of the state from which he seeks to represent.

Tenure. Each senator is elected for a term of six years and is eligible for re-election. One third of its
members retire after every two years. The system of one-third being renewed every third year keeps
the Senate in touch with fast changing public opinion.

Presiding Officer. The Vice-President of USA is the ex-officio Presiding Offices of the Senate.

Powers of the Senate.

Legislative Powers. In the sphere of legislation, Senate enjoys co-equal powers with the House of
Representatives. Laws can originate in either house and must be passed by both the houses before
they are presented to the President for his assent. In case of difference between the two houses
over any bill, effort is made to resolve the same through a Conference Committee composed of
equal member from both houses. If no compromise is arrived at, the Bill stands rejected. Thus a
legislative measure can be enacted only if there is agreement between the two houses.

Financial Powers. The Senate plays a vitally important role in the passing of financial legislation. A
money bill can originate only in the House of Representatives. However, after its passage in the
 bil.
House, it Senate. The Senate has the power to make any amendment in the
comes to the

Thus, tue
power is usually exercised to the extent of making all changes except the title of the bl.
final shape of a money bill depends upon the wishes and decisions of the Senate.

Executive Powers. The Constitution of USA has bestowed important executive powers on the
Senate. It shares with the President the power to make all important appointments. All
appointments made by the President need the approval of the Senate. However, in actual practice a
convention known as 'Senatorial Courtesy' has developed, under which the President consults the
senators of the state in which the appointment is to be made. There after the approval of the Senate
is granted as a matter of routine. Again, all treaties negotiated and signed by the President becomes
operative only when approved by the Senate.

Judicial Powers. The Senate enjoys important judicial powers as well. In the impeachment
proceedings, the House of Representatives frames charges and the Senate sits at the court of
impeachment for investigating and finally deciding the case. In case, after investigations and
hearings, the Senate accepts and pass the resolution by a two third majority, the concerned person
stands impeached.

Factors Responsible For Strong Position of the US Senate:

Senate is the most powerful second chamber in the world. In other democratic countries the upper
houses have been accorded secondary position either by the Constitution or they have been
rendered weak in actual practice. But in USA, the Senate has not only been given co-equal powers
with the House of Representatives but also given certain exclusive powers, which have greatly
enhanced its prestige. The folowing factors have contributed to the superiority of the Senate.

1. The Senate is a very small and compact house consisting of only 00 members. Small size of
the Senate helps it to carry out its business systematically and effectively.
2. The Senate is a quasi-permanent house. It is never dissolved as a whole. Only 1/3 of its
members are elected after every two years. The remaining 2/3 continue as before. No other
American institution has tenure and an ever-continuing character as has been the case of
Senate. This long tenure has enables the members to take more keen interest in their work
without bothering about the next election.
3. The direct election of the members of the Senate also adds up to their power and popularity
base of the house. Increased popularity base has been a source of popular faith in the
Senate. It has considerably increased the influence of the Senate among the people.
4. In the Senate, each state sends only two representatives which give the individual Senator a
sense of importance. On this account seasoned politicians and legislators also try to secure
membership of the Senate. As a result the Senate contains large number of experienced

politicians and legislators.

5. The members of the Senate enjoy greater freedom of speech and expression on account of
absence of restrictions on debates in the hoúse. As such they enjoy greater influence on the
policies of the government. The quality of speeches I Senate is always very high because of
the high qualities and longer and richer experience of the senators.
6. The Senate's power to approve or disapprove the appointments made by the President, its
powers to ratify or deny ratification to the treaties concluded by the President and its role as
 US
a court of impeachment have together give tothe Senate a special and high status
political system. It has made its position stronger than that of the House of RepresentativE
The members of the Senate are more experienced and knowledgeable persons and usuaiy
enter the Senate after serving as members of House of Representatives. As a result they are
able to play more effective role than the members of House of Representatives. This is
evident from the fact that the press also gives greater coverage to the activities of the
Senate than that of the House of Representatives.
8. One of the factors that contribute to the increase in the power and influence of the Senate
has been the solidarity and unity of the senators. Irrespective of their party affiliation, the
senators take united stand for maintaining and exercising the power and authority of the
Senate in the US political system. The practice of Senatorial Courtesy and the rules of

orderly and decent

procedure according to which the Senate works, further make it an

house.

in the
All these factors have combined to give the Senate a powerful and central position
American political system. It is a powerful house of the US Congress and has the unique

distinction of being more powerful than the lower house. While the second chambers in other
democratic political system of the world are less powerful than the lower house, the Senate,

house, is more powerful than the House of Representatives.

despite being an upper