The functions of a legislature

                The legislative branch of government performs six roles. Of these, the most important is to make laws. This is obviously the defining function of any law-making assembly. Although each state has a legislative body made up of two chambers (with the exception of Nebraska which is unicameral), it is Congress that makes laws that apply to the whole nation. The legislative branch also provides legitimacy to the legislative process. Each member of Congress is seen as legitimate in that they must gain the support of their constituents via the electoral process. Whilst there are significant flaws with the electoral system; not least the practice of gerrymandering in the House of Representatives, every member of Congress faces the electoral process. As such, each member has gained legitimacy from the demos.

                Another function performed by the legislative branch is to recruit ministers to Cabinet. Given the separation of personnel inherent within the American system of governance, a member of Congress must give up their seat in order to join the Cabinet. The offer of a ministerial position may not necessarily be enough to attract existing members of Congress to work with the President. Indeed, the Head of State may be forced to bring in former members of Congress. In those countries that operate on the basis of parliamentary government, members of the legislature become members of the executive branch without the need to resign from their positions.

The fourth function of a legislative assembly is to deliberate on political issues. Members of Congress will raise issues of concern to their constituents and issues of a broader interest to the nation as a whole. When comparing the two chambers, it is worth noting that the House adopts a more parochial character than the Senate. Following on from this point, members of the upper chamber tend to demonstrate a greater level of interest in foreign policy. It should also be noted that discussions held within Congress lack the adversarial character of the British system. For instance, there is no equivalent of British Prime Minister’s Question Time in the states. The layout of the chamber encourages a less adversarial approach too; with an aisle separating the two sides rather than the two sword lengths that separate the government and the opposition in the British Parliament. There are rules governing debate within both congressional chambers and the overall conduct is overseen by the Speaker of the House and in the case of the Senate the President pro tempore (temporary President).

                A legislature also seeks to perform a representative role. This is an important area to consider in the context of the American system. At a basic level, members of Congress seek to represent the interests and demands of their constituents. Indeed, many members of the legislative branch work long hours to look after the welfare of their constituents. However, it could be argued that the role of insider groups undermines the ability of congressional members to fulfill their representative role. The ability of wealthy interests to dominate the decision-making process is another factor to consider here. Moreover, the ability of the legislature to represent the people raises a number of salient points already considered in previous posts. These include the resemblance model of representation, the use of majority-minority districts and the incumbency effect.

              The final role performed by the legislative branch of government is that of scrutiny. Congress performs eight checks upon the power of the executive branch, and a number of additional checks upon the judicial branch. Congress therefore has the ability to oversee the executive branch, a function that has provided some of the most dramatic events in the history of the United States. For obvious reasons, the level of scrutiny depends to a significant degree upon the status of the parties in the legislature and the executive. During a period of unified government, Congress tends to adopt a less critical tone than is the case during a period of divided government. The contrast between the first term of George W. Bush (when the Republican-controlled Congress failed to ask searching questions concerning his policy on Iraq) and his last two years (when the Democrat-controlled Congress effectively starved the administration of the funding needed to continue the war in Iraq) offers an excellent illustration of this point. Similarly, divided government can descend into political point-scoring. Relations between the White House and Capitol Hill were particularly strained during 1994-2000 and from 2006-2008. More recently, congressional Republicans threatened to prevent federal funds going to the Affordable Care Act.