II. THE LEGISLATURE

The federal government of the United States is divided into three main branches: the executive, the legislative and judicial.

THE CONGRESS

The Congress of the United States is the legislative branch of the national Government, in effect, the national legislature, and consists of two branches – the Senate and the House of Representatives. Its existence, authority and limitations are provided by the Constitution, Art. I, which begins as follows:

“All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.”

The function of the legislative branch of the government is to make the laws and to finance the operation of the government through levying taxes and appropriating money requested by the executive branch of the government.

“Upper” and “lower” are commonly applied to the two branches of a bicameral legislature, the upper being the less numerous and higher in rank of the two.

In point of time, a Congress commences January 3 of each odd-numbered year and continues for two years, regardless of the number of regular or special sessions held. There must be one regular session each year.

A session of Congress usually means that both Senate and House are in session, i.e., meeting for transaction of business. The President may on extraordinary occasions convene both Houses, or either of them.

Congress must hold an annual meeting, commencing normally on January 3.

The time of meeting is fixed by each House. Under standing order, the House ordinarily meets at 12 o'clock noon and usu­ally remains in session until 5 or 6 p. m.

A Congressman is a member of either the Senate or the House of Representatives. However, a member of the Senate is usually referred to as a Senator and a member of the House as a Congress­man. The official title of a member of the House is "Represen­tative in Congress".

The 100 senators and the Vice-President are provided with offices in a building about 150 yards northeast of the Senate wing of the Capitol. The 435 members of the House, except the Speaker and party leaders (who have offices in the Capitol building) have offices in two buildings about 150 yards south of the Capitol.

Both Houses have visitors' galleries. Visitors are subject to control by the presiding officers of the two Houses, and the gal­leries may be cleared in case of disorder. In the Senate chamber the galleries are cleared when the Senate goes into executive session.

Special spaces are set aside for representatives accredited to the press gallery, the radio and TV gallery. There is a special gallery provided in both the House and the Senate chambers for foreign diplomats.

Newspaper correspondents of foreign countries are allowed in the press gallery. But a correspondent from a foreign country must first submit an application which then must be certified by his own country's embassy in Washington and by the State Department.

There are no specifically defined duties for a member of Con­gress. He is required to be present when Congress is in session un­less he is excused to perform official business - elsewhere or because of illness. The House sergeant-at-arms is empowered to deduct from the member's pay the pro rata amount for every day of absence from sessions if the member is not officially excused or is not ill.

From the outset there arose in the United States a system of two major political parties, and this two-party system has dom­inated the political life of the country. The two major parties are the Democratic Party and the Republican Party. Although political rivalry between these two parties is very keen, there is greater difference between the groups of conservatives and lib­erals within the same party than there is between the two parties. The chief functions of a party are to organize elections and, when in the minority, to keep a check on the party in office. These two parties exercise control by means of caucuses and conferences.

Democrats hold a party caucus and may bind the members to vote a certain way on a bill, if two-thirds vote in favor of being bound.

The Republicans hold a party conference instead of a caucus, and their members cannot be bound except on matters pertaining to party organization.

There is a majority leader and a minority leader. In talks on the floor, members do not usually refer to Democrats and Re­publicans. It is more dignified, it seems, to refer to the major­ity and the minority. The majority leader has the more influence, of course, since he has the majority of the membership back of him.

The leader is all the title implies. He leads in party debate. He brings forward party programs and policies. His advocacy of, or opposition to, proposed legislation indicates the party preference. The majority leader has much control over what leg­islative programs come up and when.

The majority leaders in both House and Senate are not offi­cers of that body, but of the party numerically in the majority at the time. So while each House, under the Constitution, choos­es its officers, majority leaders are not selected by the House or Senate as such but by a party caucus or conference.

The office of sergeant-at-arms is derived from a similar of­fice in both Houses of the British Parliament. The sergeant-at-arms is, above all, the chief disciplinary officer and is empowered to enforce order upon the floor; also, he is the disbursing officer for members’ salary and mileage (mileage allowance for travel­ing expense). Both officers share joint responsibilities, such as policing the Capitol and grounds; they act as executive and pur­chasing officers for their respective bodies, and in general see to it that the respective rules and wishes of the two Houses are faithfully carried out. Finally, in each House, its sergeant-at-arms, by the direction of the presiding officer, may compel the attendance of absent members.

Each House, under the Constitution, keeps a journal of its proceedings. The Congressional Record contains a complete record, as taken stenographically, of everything said on the floor of both Houses, including roll calls on all questions. An appendix contains material not spoken on the floor but inserted by permission – the so-called extension of remarks, it also carries a brief resume of the congressional activities of the previous day, as well as a future legislative program and a list of scheduled committee hearings.

"Filibuster" meant originally a buccaneer such as plundered the Spanish colonies in America, and later, adventurers who led private armed expeditions into countries with which the country from which they set out was at the time at peace. From this general idea, the term has come to be colloquially used to desig­nate organized obstructionist tactics in legislative bodies. It is the practice of deliberately taking advantage of freedom of de­bate (in the Senate) with a view to delay or prevent action on measure under discussion.

Inasmuch as no member can address the House for more than one hour without unanimous consent, the only method of fili­bustering in the House is to force roll calls.

"Bill" is the technical designation of a measure introduced in either House, and until it has been passed by that House. At that point it is reprinted as an act, i.e., an act of one branch of the Congress. The term "act" is, however, popularly used in referring to a measure which has been finally passed by both Houses and becomes law, whether by approval of the President or by passage over his veto.

Sometimes a member will introduce a bill drawn by a private person or organization. In such case, the words "by request" are printed on the face of the bill and give notice that the member is serving as a channel, that the bill does not necessarily represent his own views. The name of the person asking for intro­duction is never printed.

The mathematical chances of enactment of a bill are, at best, one in ten. When the bill has reached the President, it can be recalled only by a concurrent resolution adopted by both Houses.

All bills must be introduced by the members, but not all bills are originated by the members themselves. More than half the bills of major importance which are introduced originate in the federal departments and bureaus.

A select committee is one established by the House or Sen­ate for a limited period and generally for a strictly temporary purpose. When that function has been carried out the select com­mittee automatically expires. A standing committee, on the other hand, is a regular, permanent unit in Congress.

Each member of Congress receives a salary. These salaries are fixed by law, although as a matter of principle it has been decided that "each House shall be intrusted by the other to regulate the number and pay of its own employees”.

THE SENATE

Although Congressional elections are held every two years, only one-third of the Senate stands for election at two-year intervals. Senators are elected to six-уеаr terms, which overlap. Thus, in any election year, only one-third of the Senate is affected, the remaining two-thirds being members whose terms have not expired. In the House of Representatives the entire membership is elected every two years.

Each State is entitled to be represented in the Senate by two senators, without regard to density of population.

The individual seats are .numbered and assigned on request of senators in order of their seniority. Democrats occupy the west side of the chamber - on the Vice-President's right; Republicans sit across the main aisle to his left. There is no set rule for the seating of "independents".

The Vice-President of the United States presides in the Senate. He is referred to in the Senate as "Mr. President", because his title in that body is "President of the Senate".

The Senate also elects from among its members a President pro tempore, who holds office at the pleasure of the Senate and presides during absences of the Vice-President of the United States. He participates in Senate debates and votes.

The Vice-President can vote in the Senate only in the event of a tie vote.

Senators receive allowances for secretarial and clerical assistance. Allowances vary according to the population of the states. Senators from large states like New York, Pennsylvania, Texas and California may employ more personnel than senators from smaller states. Allowances are based on population, because senators with the largest number of constituents need more help with correspondence and other duties.

When a senator rises to introduce a bill, he says, "Mr. Pre­sident" and waits for the Vice-president to recognize him. The Vice-President recognizes the senator by looking at him and saying: "The Senator from", naming the state from which the senator comes.

Then the senator states that he desires to introduce a bill.

A senator often introduces several bills at the same time by saying that he desires to introduce sundry bills and have them referred to the proper committees. A senator may introduce a bill at any time by obtaining unanimous consent for that pur­pose.

Formerly a bill was first read by title at the time of introduction. Since 1890, the first reading is accomplished by the mere printing of the title in the “Congressional Record “ and the "Journal".

The standing committees of the Senate are as follows: Agriculture, Nutrition and Forestry; Appropria­tions; Armed Services; Banking, Budget; Commerce, Science, and Transportation; Energy and Natural Resources; Environment and Public Works; Finance; Foreign Relations; Governmental Affairs; Health, Education, Labor, and Pension; Indian Affairs; Judiciary; Rules and Administration; Small Business; Veterans’ Affairs. The number of committee members varies from 9 to 25.

Each Senate committee is authorized to establish a quorum for transaction of business — not less than one-third of the membership of the committee. A majority of the committee must be present to report a bill or recommendation.

Date: 2015-12-24; view: 889