US Senate, House of Representatives, Congress and Judiciary

Introduction
Senate (upper house) and house of rep (lower) = Congress

Senate:
Basics:
i) 100 member. 02 members from each state with 06 year period
ii) age 30 yrs
iii) Resident for 09 years in USA
iv) directly elected unlike other countries’ upper houses
Powers
i) US senate has power of law making, repealing and law amendment
ii) executive appointment must be ratified by senate
iii) Cabinet ministers approval
iv) US senate can investigate against executive
v) Declaration of war
vi) All treaties and Military appointment must be ratified by senate
- Treaties concluded in the name of the pres
- However, ⅔ senate maj to pass
- Eg disapproval of WW’s FP by senate a standing warning to future pres
vii) US senate can impeach The president, judiciary and other executives
-
viii) Senate also controls internal Administration and external policy of the president

House of Representatives
Basics:
i) 435 members
ii) 02 year term
iii) Can’t be removed before 02 yrs

Powers:
i)Law making repealing and amendment
ii) Finance bill must always be introduced by House of representatives
iii) War declaration
iv) electoral power of president in case president is not elected by 2/3 majority in direct
voting

Senate vs Congress

Senate House
Freedom of debate Greater (unlimited) Limited
“Filibustering” → can speak
for any length of time
→ could use this as a
delaying tactic

Bills put in motion Can put any bill in motion An exclusive right to push
except money money bills
Other bills as well

Amending powers More Less

- Can strike everything
but the name of the
money bill
- Substitute a bill and
send back to the
House

Conflict resolution Upper hand Lower hand

- 3-9 members from
each house to resolve
deadlock
- In US constt hist,
Senate maintained
upper hand

Executive powers - Appointments No executive power

- Controls internal
admin of fed govt
- Treaty ratification

Presidential sys Through this sys, more power Less power

Tenure Longer: max 6y Shorter: max 2y → has to

concede to the S to expedite
Membership Smaller: 100 → deliberations Larger: 435 → ineffective and
more effective unwieldy

Election Direct Direct

Legislative and financial Equal Equal

powers - Usually Senate’s say
prevails, acc to hist

Impeachment Sole court of impeachment Cannot

Representation Elected by entire population By a fraction of pop of a state

of a state (constituency)
 → Greater represenative
character/popular support

Investigative committees Can appoint to check power Cannot

misuse by admin

Senatorial courtesy
Unwritten, tacit and long standing agreement among senators
- To not vote for pres nominee who is opposed by the senators from the nominee’s home
state
- Eg when FDR tried to bypass SC in 1938, Senate stoof solidly against him

Judicial review
Basics
- of legislative enactments
- Federal Judiciary can declare executive action or legislation null
- Interprets constitution and adapt to changing needs of the society
- enlarged power of the Congress
- Supremacy of the Judiciary over executive and legislature → US is a government by the
judges
Undemocratic
- Since SC greater power than the legislature
- Undermined the power, prestige of the Cong “super legislature”