Examine the main functions of the Congress, the process of passing a bill. Comment on how changes in the Constitution are made.

Powers given to the Congress by the Constitution:

1) To borrow money, collect taxies, regulate trade

2) To establish inferior courts

3) To raise the army and navy

4) To declare war

5) To establish the Post Office

6) To make law

The process of passing a bill

Stage 1: introduction. The bill must be introduced to the House. There a member drops his proposal into a “hopper”. In the Senate a member drops a proposal either to the Senate Club or speaks from the floor. A bill can be introduce by a Congressman, Chairman Committee, administration or it can be co-sponsored by several committee members (sponsor- автор законопроекта). A bill supported either by the chairman or the administration has better chances to become law.

Stage 2: the bill goes to a committee. There are 38 permanent committees in the Congress(34 – to the House; 4 – to the Senate). Chairman Committees are extremely influential.

Stage 3: if they decide to consider the bill, it goes to the subcommittee. They may kill it, but if they approve of it they will hold hearings. The purpose of the hearing is not only to obtain information, but also to test public opinion. After the hearings the bill goes back to the subcommittee for debate and introducing amendments.

Stage 4: general debate, mark-up session – members express their opinion.

Stage 5: the bill goes to the Full Committee – they debate the bill + the financial vote is taken (a clean bill – entirely changed by amendments). Sometimes there are reports in favor or against the bill. Then it goes back to the respective chamber – the House or the Senate which resolves itself into the Committee of the Whole.

Final stage: the whole business is considered by the Rule’s Committee (only in the HP). They limit debate to 1-2 hours. Any member speaks no more than 5 minutes. When the bill is passed it goes to the Senate. But the procedure will be a bit easier since every senator has the right to debate the bill without any committee. Senators can talk as long as they wish. The speeches of the senators may not be the topic of discussion.

Article Five describes the process necessary to amend the Constitution. It establishes two methods of proposing amendments: by Congress or by a national convention requested by the states. Under the first method, Congress can propose an amendment by a two-thirds vote (of a quorum, not necessarily of the entire body) of the Senate and of the House of Representatives. Under the second method, two-thirds (2/3) of the state legislatures may convene and "apply" to Congress to hold a national convention, whereupon Congress must call such a convention for the purpose of considering amendments. As of 2007, only the first method (proposal by Congress) has been used. Once proposed—whether submitted by Congress or by a national convention—amendments must then be ratified by three-fourths (3/4) of the states to take effect. Article Five gives Congress the option of requiring ratification by state legislatures or by special conventions assembled in the states. The convention method of ratification has been used only once (to approve the 21st Amendment). Article Five currently places only one limitation on the amending power—that no amendment can deprive a state of its equal representation in the Senate without that state's consent.

Date: 2015-12-24; view: 1022