Legislative branch

FEDERAL GOVERNMENT OF THE UNITED STATES

LECTURE 3

QUESTIONS FOR DISCUSSION

1. What achievements won Woodrow Wilson a firm place in American history as one of the nation’s foremost political reformers?

2. What caused the stock market crash on Thursday 29, October 1929?

3. Why was the New Deal introduced, and what was it about?

4. What was the U.S. foreign policy before WWII?

5. What was the origin of the Cold War policy and how did the world balance on the brink of war for about 50 years?

6. Why is the issue of the U.S. civil rights connected with the name Martin L. King, Jr.?

7. How did the U.S. economy develop between 1946 and 2014?

8. When were most important social programs introduced and by whom?

9. What is Reaganomics (the New Economy of the Tech Bubble) about?

10. What do you know about the Bush Doctrine and the consequences of its implementation?

11. What was done by Obama’s administration to overcome the economic difficulties of 2008-2010 credit crunch?

12. How did the U.S. - Russia bilateral relations develop between 2009-2014?

This lecture will give us a thorough study of how the United States of America is governed. It describes:

· the U.S. legislative branch

· the U.S. executive branch

· the U.S. judicial branch

· the U.S. separation of powers and system of checks and balances

The U.S. Constitution of 1789 sets down the basic framework of American government. The U.S. government’s type is defined as the Constitution-based federal republic with strong democratic traditions.

The American Constitution is based on the doctrine of sep­aration of powers between the Executive (the Presidency), Legis­lative (Congress) and Judiciary (the Courts).

Government power was further limited by means of a dual system of government: the federal government and the state governments. This system gives the federal government the powers and responsibilities to deal with problems facing the nation as a whole (foreign affairs, trade, control of the army and navy, etc.). The remain­ing responsibilities and duties of government (by the way, not mentioned in the Constitution) were reserved to the individual state governments.

The basic laws of the U.S. are set down in major federal legislation, such as the U.S. Code. The federal legal system is based on statutory law, while most state and territorial law is based on English common law, with the exception of Louisiana (based on the Napoleonic Code due to its time as a French colony) and Puerto Rico (based on Spanish law).

Article I of the Constitution grants all legislative powers of the federal government to Congress. It also defines its structure and powers. So, Congress is a bicameral legislature, consisting of two chambers: the House of Representatives (the “Lower House”) and the Senate (the “Upper House”).

Both Houses of Congress meet in the Capitol in Washington, D.C. The Senate is the conservative counterweight to the more populist and dynamic House of Representatives.

Interesting to know: During the American Revolutionary War and under the Articles of Confederation, the Congress of the United States was named the Continental Congress. The first Congress under the current Constitution started its term in Federal Hall in New York City on March 4, 1789 and their first action was to declare that the new Constitution of the United States was in effect. The United States Capitol building in Washington, D.C. hosted its first session of Congress on November 17, 1800.

Congress of the United States: The House of Representatives consists of 435 members, each of whom is elected by a congressional district or constituency of roughly equal size (around 520,000 people) and serves a two-year term. Seats in the House are divided between the states on the basis of population, with each state entitled to at least one seat.

In the Senate, on the other hand, each state is represented by two members, regardless of population. As there are 50 states in the Union, the Senate consists of 100members. Each Senator, who is elected by the whole state rather than by a district, serves a six-year term. Senatorial terms are scheduled so that approximately one-third of the terms expire every two years.

The Constitution vests in Congress all the legislative powers of the federal government. Congress, however, only possesses those powers enumerated in the Constitution; other powers are reserved to the states, except where the Constitution provides otherwise.

The U.S. Constitution gives Congress a direct jurisdiction for Washington, D.C. While Congress has delegated various amounts of this authority to the local government Washington, D.C., from time to time, Congress still intervenes in local affairs relating to schools, gun control policy, etc. Citizens of the District lack voting representation in Congress, though they do have three electoral votes in the Presidential elections. They are represented in the House of Representatives by a non-voting delegate (currently Eleanor Holmes Norton (D-DC)) who sits on committees and participates in debate but cannot vote. D.C. does not have representation in the Senate. So, citizens of Washington, D.C. are unique in the world. Attempts to change this situation, including the proposed District of Columbia Voting Rights Amendment, have been unsuccessful.

Insofar as passing legislation is concerned, the Senate is fully equal to the House of Representatives. The Senate is not a mere “chamber of review,” as is the case with the upper houses of the bicameral legislatures of most other nations.

Interesting to know: The U.S. Congress has fewer women in it than legislatures in other countries, but many more lawyers. The percentage of lawyers in Congress fluctuates around 45%. In contrast, in the Canadian House of Commons, the British House of Commons, and the German Bundestag, approximately 15% of members have law degrees.

Legislation: Each house of Congress has the power to introduce legislation on any subject dealing with the powers of Congress, except for the legislation dealing with gathering revenue (generally through taxes), which must originate in the House of Representatives (specifically the U.S. House Committee on Ways and Means).

Congress has sole jurisdiction over impeachment of federal officials including presidents. The House has the sole right to bring the charges of misconduct which would be considered at an impeachment trial, and the Senate has the sole power to try impeachment cases and to find officials guilty or not guilty. A guilty verdict requires a two-thirds majority in the Senate and results in the removal of the federal official from public office.

The Senate has oversight powers over the executive branch. The House also lacks two specific powers granted to the Senate.

1) Only the Senate can approve treaties negotiated and submitted by the president. However, the House has the power to withhold funding the implementation of such agreements, and thus has a leverage over many treaties.

2) The Senate also has the sole power to confirm cabinet members and other key government officers. Because these officials work on policies such as housing and agriculture that fall under the House control, however, they must work with committees in both chambers once in office.

The broad powers of the whole Congress are spelled out in Article I of the Constitution, they include: to levy and collect taxes, to borrow money for the public treasury, to make rules and regulations governing commerce among the states and with foreign countries, to make uniform rules for the naturalization of foreign citizens, to coin money, state its value, and provide for the punishment of counterfeiters, to set the standards for weights and measures, to establish bankruptcy laws for the country as a whole, to establish post offices and post roads, to issue patents and copyrights, to punish piracy, to declare war, to raise and support armies, to provide for a navy, to call out the militia to enforce federal laws, suppress lawlessness, or repel invasions, to make all laws for the seat of government (Washington, D.C.), to make all laws necessary to enforce the Constitution.

Some powers are added in other parts of the Constitution: to set up a system of federal courts (set out in Article III), to prohibit slavery (set out in the 13th Amendment), to enforce the right of citizens to vote, irrespective of race (set out in the 15th Amendment).

The 10th Amendment sets definite limits on congressional authority, by providing that powers not delegated to the federal government are reserved to the states or to the people.

Officers of Congress: The Constitution provides that the vice president shall be President of the Senate. The vice president has no right to vote, except in the case of a tie. The Senate chooses a President pro tempore to preside when the vice president is absent. The most powerful person in the Senate is not the president pro tempore, but the Senate Majority Leader (though quite often it is the same person).

The House of Representatives has its own presiding officer — the Speaker of the House. The Speakeris elected by the House and has important responsibili­ties, giving him a considerable influence over the President. Moreover, should the President and Vice-Presidentdie before the end of their term it is the Speaker who becomes President.

The Speaker and President pro tempore are always members of the political party with the largest representation in each house, aka the majority.

The committee process: One of the major characteristics of Congress is the dominant role that Congressional committees play in its proceedings. The Constitution does not specifically call for the establishment of U.S. Congressional committees. However, as the nation grew, so did the need for investigating pending legislation more thoroughly.

At present, the Senate has 16 standing (or permanent) committees; the House of Representatives has 20 standing committees. Each specializes in specific areas of legislation: foreign affairs, defense, banking, agriculture, commerce, appropriations, etc. Almost every bill introduced in either house is referred to a committee for study and recommendation. The committee may approve, revise, kill or ignore any measure referred to it. It is nearly impossible for a bill to reach the House or Senate floor without first winning committee approval.

In the House, a petition to release a bill from a committee to the floor requires the signatures of 218 members; in the Senate, a majority of all members is required.

In addition, each house can name special, or select, committees to study specific problems. Because of an increase in workload, the standing committees have some 150 subcommittees.

The majority party in each house controls the committee process. Committee chairpersons are selected by a caucus of party members or specially designated groups of members. Minority parties are proportionally represented on the committees according to their strength in each house. Bills are introduced by a variety of methods:

a) some are drawn up by standing committees;

в) some by special committees created to deal with specific legislative issues;

с) some may be suggested by the president or other executive officers;

d) citizens and organizations outside Congress may suggest legislation to members,

e) individual members themselves may initiate bills.

After the introduction, the bills are sent to the designated (indicated) committees that, in most cases, schedule a series of public hearings to permit presentation of views by persons who support or oppose the legislation. The hearing process, which can last several weeks or months, theoretically opens the legislative process to public participation. When a committee has acted favorably on a bill, the proposed legislation is then sent to the floor for an open debate.

In the Senate, the rules permit virtually unlimited debate. In the House, because of the large number of members, the Rules Committee usually sets limits. When debate is ended, members vote either to approve the bill, defeat it, table it (which means setting it aside and is tantamount to defeat) or return it to the committee. A bill passed by one house is sent to the other for action. If the bill is amended by the second house, a conference committee composed of members of both houses attempts to reconcile the differences.

Once passed by both houses, the bill is sent to the president, for constitutionally the president must act on a bill for it to become law.

The president has the option of signing the bill — at which point it becomes national law — or vetoing it. A bill vetoed by the president must be reapproved by a two-thirds vote of both houses to become law, this is called overriding a veto.

The president may also refuse either to sign or veto a bill. In that case, the bill becomes law without his signature 10 days after it reaches him (not counting Sundays). The single exception to this rule is when Congress adjourns after sending a bill to the president and before the 10-day period has expired; his refusal to take any action then negates the bill — a process known as the “ pocket veto. ”

Congressional powers of investigation: One of the most important non-legislative functions of Congress is the power to investigate. This power is usually delegated to committees — either to the standing committees, to special committees set up for a specific purpose, or to joint committees composed of members of both houses.

Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, to inquire into the qualifications and performance of members and officials of the other branches, and, on rare occasions, to lay the groundwork for impeachment proceedings. Frequently, committees call on outside experts to assist in conducting investigative hearings and to make detailed studies of the issues.

Two important matters are attached to the investigative power: 1) to publicize investigations and their results, 2) to arouse public interest in the results of the investigation. Most committee hearings are open to the public and are widely reported in the mass media. Congressional investigations thus represent one important tool available to lawmakers to inform the citizenry and arouse public interest in national issues.

Informal practices of Congress: In contrast to European parliamentary systems, the selection and behavior of U.S. legislators has little to do with central party discipline. Traditionally members of Congress owe their positions to their districtwide or statewide electorate, neither to the national party leadership nor to their congressional colleagues. As a result, the legislative behavior of representatives and senators tends to be individualistic and idiosyncratic, reflecting the great variety of electorates they represent, and the freedom that comes from having built a loyal personal constituency.

The Congress is thus a collegial and not a hierarchical body. Power does not flow from top down, as in a corporation, but practically in every direction. There is comparatively minimal centralized authority, since the power to punish or reward is slight. Congressional policies are made by shifting coalitions that may vary from issue to issue.

The traditional independence of members of Congress has both positive and negative aspects. One benefit is that legislators are allowed to vote their consciences or, better to say, their constituents’ wishes that is inherently more democratic. The independence of Congressmen and Senators also allows much greater diversity of opinion than wouldn’t exist if Congressmen had to obey their leaders. Thus, although there are only two parties represented in the Congress, America’s Congress represents virtually every shade of opinion that exists in the land.

A newly emerged Congressional practice is the practice of the Speaker of the House only supporting legislation that is supported by his party, no matter whether or not he personally supports it or the majority of the House supports it.

Lobbyists: Congressional freedom of action also gives more power to lobbyists than in Europe or elsewhere. Lobbying is called the fourth branch of the American government. Many observers of Congress consider lobbying to be a corrupting practice, but others appreciate the fact that lobbyists provide information. Lobbyists also help write complicated legislation. Congressional lobbyists must be registered in a central database and only sometimes actually work in lobbies. Virtually every group - from corporations to foreign governments, to states, or to grass-roots organizations - employs lobbyists. There are about 35,000 registered Congressional lobbyists. Many lobbyists are former Congressmen and Senators, or relatives of sitting Congressmen. Former Congressmen are advantaged because they retain special access to the Capital, office buildings, and even the Congressional gym.

Дата добавления: 2014-11-16