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Parliament of UK

Composition and powers


The legislative authority, the Crown-in-Parliament, has three separate elements: the Monarch, the House of Lords,
and the House of Commons. No individual may be a member of both Houses, and members of the House of Lords
are legally barred from voting in elections for members of the House of Commons. Formerly, no-one could be a
member of Parliament while holding an office of profit under the Crown, thus maintaining the separation of powers,
but the principle has been gradually eroded. Until 1919, Members of Parliament who were appointed to ministerial
office lost their seats in the House of Commons and had to seek re-election; the rule was abolished in 1926. Holders
of offices are ineligible to serve as a Member of Parliament under the House of Commons Disqualification Act 1975.
Royal Assent of the Monarch is required for all Bills to become law, and certain delegated legislation must be made
by the Monarch by Order in Council. The Crown also has executive powers which do not depend on Parliament,
through prerogative powers, including the power to make treaties, declare war, award honours, and appoint officers
and civil servants. In practice these are always exercised by the monarch on the advice of the Prime Minister and the
other ministers of HM Government. The Prime Minister and government are directly accountable to Parliament,
through its control of public finances, and to the public, through the election of members of parliament.
The Monarch also appoints the Prime Minister, who then forms a government from members of the Houses of
Parliament. This must be someone who could command a majority in a confidence vote in the House of Commons. In
the past the monarch has occasionally had to make a judgment, as in the appointment of Alec Douglas-Home in 1963
when it was thought that the incumbent Prime Minister, Harold Macmillan, had become ill with terminal cancer.
However, today the monarch is advised by the outgoing Prime Minister as to whom he or she should offer the position
next.
The House of Lords is formally styled "The Right Honourable The Lords Spiritual and Temporal in Parliament
Assembled", the Lords Spiritual being bishops of the Church of England and the Lords Temporal being Peers of the
Realm. The Lords Spiritual and Lords Temporal are considered separate "estates", but they sit, debate and vote
together.
Since the Parliament Acts 1911 and 1949, the powers of the House of Lords have been very much less than those of
the House of Commons. All bills except money bills are debated and voted upon in the House of Lords; however, by
voting against a bill, the House of Lords can only delay it for a maximum of two parliamentary sessions over a year.
After that time, the House of Commons can force the Bill through without the Lords' consent, under the Parliament
Acts. The House of Lords can also hold the government to account through questions to government ministers and
the operation of a small number of select committees. The highest court in England & Wales and in Northern Ireland
used to be a committee of the House of Lords, but it became an independent supreme court in 2009.
The Lords Spiritual formerly included all of the senior clergymen of the Church of England—archbishops, bishops,
abbots and mitred priors. Upon the Dissolution of the Monasteriesunder Henry VIII the abbots and mitred priors lost
their positions in Parliament. All diocesan bishops continued to sit in Parliament, but the Bishopric of Manchester Act
1847, and later Acts, provide that only the 26 most senior are Lords Spiritual. These always include the incumbents of
the "five great sees", namely the Archbishop of Canterbury, the Archbishop of York, the Bishop of London, the Bishop
of Durham and the Bishop of Winchester. The remaining 21 Lords Spiritual are the most senior diocesan bishops,
ranked in order of consecration, although the Lords Spiritual (Women) Act 2015 makes time-limited provision for
vacancies to be filled by women who are bishops.
The Lords Temporal are life peers created under the Appellate Jurisdiction Act 1876 and the Life Peerages Act 1958,
in addition to 92 hereditary peers under the House of Lords Act 1999. Formerly, the Lords Temporal were exclusively
hereditary peers. The right of some hereditary peers to sit in Parliament was not automatic: after Scotland and
England united into Great Britain in 1707, it was provided that all peers whose dignities had been created by English
kings could sit in Parliament, but those whose dignities had been created by Scottish kings were to elect a limited
number of "representative peers". A similar arrangement was made in respect of Ireland when it was united with
Great Britain in 1801, but when southern Ireland left the United Kingdom in 1922 the election of Irish representative
peers ceased. By the Peerage Act 1963, the election of Scottish representative peers also ended, and all Scottish
peers were granted the right to sit in Parliament. Under the House of Lords Act 1999, only life peerages (that is to
say, peerage dignities which cannot be inherited) automatically entitle their holders to seats in the House of Lords. Of
the hereditary peers, only 92—the Earl Marshal, the Lord Great Chamberlain and the 90 elected by other peers—
retain their seats in the House.
The Commons, the last of the "estates" of the Kingdom, are represented in the House of Commons, which is formally
styled "The Honourable The Commons in Parliament Assembled" ("commons" coming not from the term "commoner",
but from commune, the old French term for a district).[citation needed] In 2016, the House consists of 650 members. Each
Member of Parliament (MP) is chosen by a single constituency by the First-Past-the-Post electoral system. Universal
adult suffrage exists for those 18 and over; citizens of the United Kingdom, and those of the Republic of
Ireland and Commonwealth nations resident in the United Kingdom, are qualified to vote, unless they are in prison at
the time of the election. The term of members of the House of Commons depends on the term of Parliament, a
maximum of five years; a general election, during which all the seats are contested, occurs after each dissolution
(see below).
All legislation must be passed by the House of Commons to become law and it controls taxation and the supply of
money to the government. Government ministers (including the Prime Minister) must regularly answer questions in
the House of Commons and there are a number of select committees that scrutinise particular issues and the
workings of the government. There are also mechanisms that allow members of the House of Commons to bring to
the attention of the government particular issues affecting their constituents.

Legislative procedure
Both houses of the British Parliament are presided over by a speaker, the Speaker of the House for the
Commons and the Lord Speaker in the House of Lords.For the Commons, the approval of the Sovereign is
theoretically required before the election of the Speaker becomes valid, but it is, by modern convention, always
granted. The Speaker's place may be taken by the Chairman of Ways and Means, the First Deputy Chairman, or
the Second Deputy Chairman. (The titles of those three officials refer to the Committee of Ways and Means, a
body which no longer exists.)Prior to July 2006, the House of Lords was presided over by a Lord Chancellor (a
Cabinet member), whose influence as Speaker was very limited (whilst the powers belonging to the Speaker of
the House of Commons are vast). However, as part of the Constitutional Reform Act 2005, the position of
Speaker of the House of Lords (as it is termed in the Act) was separated from the office of Lord Chancellor (the
office which has control over the judiciary as a whole), though the Lords remain largely self-governing. Decisions
on points of order and on the disciplining of unruly members are made by the whole body, but by the Speaker
alone in the Lower House. Speeches in the House of Lords are addressed to the House as a whole (using the
words "My Lords"), but those in the House of Commons are addressed to the Speaker alone (using "Mr
Speaker" or "Madam Speaker"). Speeches may be made to both Houses simultaneously.Both Houses may
decide questions by voice vote; members shout out "Aye!" and "No!" in the Commons—or "Content!" and "Not-
Content!" in the Lords—and the presiding officer declares the result. The pronouncement of either Speaker may
be challenged, and a recorded vote (known as a division) demanded. (The Speaker of the House of Commons
may choose to overrule a frivolous request for a division, but the Lord Speaker does not have that power.) In
each House, a division requires members to file into one of the two lobbies alongside the Chamber; their names
are recorded by clerks, and their votes are counted as they exit the lobbies to re-enter the Chamber. The
Speaker of the House of Commons is expected to be non-partisan, and does not cast a vote except in the case
of a tie; the Lord Speaker, however, votes along with the other Lords.
Both Houses normally conduct their business in public, and there are galleries where visitors may sit.

Federalism of USA

Legislative branch
The United States Congress, under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral,
comprising the House of Representatives and the Senate.

Makeup of Congress

House of Representatives

The 435 seats of the House grouped by state

The House currently consists of 435 voting members, each of whom represents a congressional district. The number of
representatives each state has in the House is based on each state's population as determined in the most recent United States
Census. All 435 representatives serve a two-year term. Each state receives a minimum of one representative in the House. In order
to be elected as a representative, an individual must be at least 25 years of age, must have been a U.S. citizen for at least seven
years, and must live in the state that he or she represents. There is no limit on the number of terms a representative may serve. In
addition to the 435 voting members, there are 6 non-voting members, consisting of 5 delegates and one resident commissioner.
There is one delegate each from the District of Columbia, Guam, the Virgin Islands, American Samoa, and the Commonwealth of
the Northern Mariana Islands, and the resident commissioner from Puerto Rico.[5]
Senate
In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2
from each of the 50 states), who each serve six-year terms. Approximately one-third of the Senate stands for election every two
years.
Different powers

The House and Senate each have particular exclusive powers. For example, the Senate must approve (give "advice and consent"
to) many important presidential appointments, including cabinet officers, federal judges (including nominees to the Supreme Court),
department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to
foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both
chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the
president vetoes the bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case
the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution;
all other powers are reserved to the states and the people. The Constitution also includes the "Necessary and Proper Clause",
which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing
powers". Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana and Georgia,
which have runoffs.
Impeachment of federal officers

Main article: Impeachment in the United States

Congress has the power to remove the president, federal judges, and other federal officers from office. The House of
Representatives and Senate have separate roles in this process. The House must first vote to "impeach" the official. Then, a trial is
held in the Senate to decide whether the official should be removed from office. Although two presidents have been impeached by
the House of Representatives (Andrew Johnson and Bill Clinton), neither of them was removed following trial in the Senate.
Congressional procedures

Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine the rules of its proceedings".
From this provision were created congressional committees, which do the work of drafting legislation and conducting congressional
investigations into national matters. The 108th Congress (2003–2005) had 19 standing committees in the House and 17 in the
Senate, plus 4 joint permanent committees with members from both houses overseeing the Library of Congress, printing, taxation,
and the economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the
congressional workload is borne by the subcommittees, of which there are around 150.
Powers of Congress

Main article: Article One of the United States Constitution

The United States Capitol is the seat of government for Congress.

The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and
collect taxes; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue
patents, create federal courts inferior to the Supreme Court, combat piracies and felonies, declare war, raise and support armies,
provide and maintain a navy, make rules for the regulation of land and naval forces, provide for, arm and discipline the militia,
exercise exclusive legislation in the District of Columbia, and to make laws necessary to properly execute powers. Over the two
centuries since the United States was formed, many disputes have arisen over the limits on the powers of the federal government.
These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court.
Congressional oversight

Main article: Congressional oversight

Congressional oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive
compliance with the law, gather information for making laws and educating the public, and evaluate executive performance. [6]
It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency.
Congress's oversight function takes many forms:

 Committee inquiries and hearings

 Formal consultations with and reports from the president

 Senate advice and consent for presidential nominations and for treaties
 House impeachment proceedings and subsequent Senate trials

 House and Senate proceedings under the 25th Amendment in the event that the president becomes disabled or the office
of the vice president falls vacant

 Informal meetings between legislators and executive officials

 Congressional membership: each state is allocated a number of seats based on its representation (or ostensible
representation, in the case of D.C.) in the House of Representatives. Each state is allocated two senators regardless of its
population. As of January 2010, the District of Columbia elects a non-voting representative to the House of Representatives
along with American Samoa, the U.S. Virgin Islands, Guam, Puerto Rico, and the Northern Mariana Islands.

Executive branch
See also: Article Two of the United States Constitution and List of United States federal executive orders

The executive power in the federal government is vested in the president of the United States,[7] although power is often delegated
to the Cabinet members and other officials.[8][9]The president and vice president are elected as running mates by the Electoral
College, for which each state, as well as the District of Columbia, is allocated a number of seats based on its representation
(or ostensible representation, in the case of D.C.) in both houses of Congress.[7][10] The president is limited to a maximum of two
four-year terms.[11] If the president has already served two years or more of a term to which some other person was elected, he or
she may only serve one more additional four-year term.[7]
President

The executive branch, under Article II of the Constitution, consists of the president and those to whom the president's powers are
delegated. The president is both the head of state and government, as well as the military commander-in-chief and chief diplomat.
The president, according to the Constitution, must "take care that the laws be faithfully executed", and "preserve, protect and defend
the Constitution". The president presides over the executive branch of the federal government, an organization numbering about 5
million people, including 1 million active-duty military personnel and 600,000 postal service employees.
The president may sign legislation passed by Congress into law or may veto it, preventing it from becoming law unless two-thirds of
both houses of Congress vote to override the veto. The president may unilaterally sign treaties with foreign nations.
However, ratification of international treaties requires a two-thirds majority vote in the Senate. The president may be impeached by a
majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and
misdemeanors". The president may not dissolve Congress or call special elections but does have the power to pardon or release
criminals convicted of offenses against the federal government (except in cases of impeachment), enact executive orders, and (with
the consent of the Senate) appoint Supreme Court justices and federal judges.
Vice president

The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are
established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the
Senate; this means that he or she is the designated presiding officer of the Senate. In that capacity, the vice president has the
authority (ex officio, for they are not an elected member of the Senate) to cast a tie-breaking vote. Pursuant to the Twelfth
Amendment, the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral
College. As first in the U.S. presidential line of succession, the vice president's duties and powers move to the executive branch
when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history.
Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all
of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution
designates the vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly
being in both as acting president pursuant to the Twenty-fifth Amendment. Because of circumstances, the overlapping nature of the
duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute
regarding attaching an exclusive branch designation to the office of vice president. [12][13]
Cabinet, executive departments, and agencies

Main articles: Cabinet of the United States, United States federal executive departments, and List of federal agencies in the United
States

The daily enforcement and administration of federal laws is in the hands of the various federal executive departments, created by
Congress to deal with specific areas of national and international affairs. The heads of the 15 departments, chosen by the president
and approved with the "advice and consent" of the U.S. Senate, form a council of advisers generally known as the president's
"Cabinet". Once confirmed, these "cabinet officers" serve at the pleasure of the president. In addition to departments, a number of
staff organizations are grouped into the Executive Office of the President. These include the White House staff, the National Security
Council, the Office of Management and Budget, the Council of Economic Advisers, the Council on Environmental Quality, the Office
of the U.S. Trade Representative, the Office of National Drug Control Policy, and the Office of Science and Technology Policy. The
employees in these United States government agencies are called federal civil servants.

There are also independent agencies such as the United States Postal Service (USPS), the National Aeronautics and Space
Administration (NASA), the Central Intelligence Agency(CIA), the Environmental Protection Agency (EPA), and the United States
Agency for International Development (USAID). In addition, there are government-owned corporationssuch as the Federal Deposit
Insurance Corporation and the National Railroad Passenger Corporation.

Judicial branch
Main article: Federal judiciary of the United States

The Judiciary, under Article III of the Constitution, explains and applies the laws. This branch does this by hearing and eventually
making decisions on various legal cases.

while in office may be impeached in the same way as the president or other officials of the federal government. U.S. judges are
appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing
the pay of any Article III judge (Congress is able to set a lower salary for all future judges that take office after the reduction, but may
not decrease the rate of pay for judges already in office).

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