The
role and powers of the two chambers
In theory at least, the two chambers of Congress have
broadly equal powers. This argument is supported by the fact that both chambers
hold a number of joint powers. However, they also hold a series of exclusive
powers (such as the aforementioned ‘advice and consent’ powers in regards to
the Senate). In this area, the upper chamber is the more powerful of the two
chambers – albeit with caveats to add. In order to understand the role of
powers of the two chambers, we need to begin with the joint powers held by the
House and the Senate.
Of
the five joint powers, perhaps the most important is that both chambers are
involved in passing legislation. No bill can become law without passing through
both chambers. Secondly, both chambers play a role in the scrutiny of the
executive and the judiciary. It should be self-evident that both the
legislative and scrutiny functions are of major significance within any law-making
body. Thirdly, both chambers play an equal role in the process of
constitutional amendment. Since the 1990s, most amendments have derived from
the House. The Senate however has usually rejected such proposals, notably the balanced
budget amendment in 1997 which missed out by just one solitary vote. Both
chambers also play a role in terms of impeachment, and over the power to
declare war. In all of these five cases, no one chamber is superior to another.
In
terms of exclusive powers, one can begin to identify the greater significance attached
to the accurately named upper
chamber. In regards to passing laws and Treaties, the Senate can ratify or
reject Treaties signed by the President. The House has no jurisdiction over
this area of American foreign policy. In contrast, the House can instigate
money bills. However, this is shaped to a large extent by the administration
itself. In terms of impeachment, it is the Senate that conducts the final vote on
whether or not to remove an official from office. In contrast, the House merely
brings forth the charge against the particular member of the judiciary or executive branch.
Moreover, only the Senate can offer advice and consent to the executive branch.
There
is a slight counter-argument to consider in regards to the President and the veep.
In this area at least, the House plays the dominant role. Only the lower
chamber can elect the President in the admittedly rare event of a deadlock in the Electoral College. In the
same situation, the upper chamber can elect the vice-president. On balance
therefore, it is clear that the Senate is the more prestigious of the two. One
can see evidence for this in the greater stature of Senators in comparison to
members of the House. Being a member of the upper chamber confers a degree of
respectability to a potential presidential nomination that being a member of
the House simply does not.
The power imbalance between the two chambers may well be
reflected in the actions of its members. House members focus more upon the
needs and opinions of their constituents, whereas Senators develop a more
national and in some cases international outlook. There are in any given
congressional session a number of Senators with presidential ambitions.
Inevitably, they will seek to demonstrate their knowledge of and insight into foreign
policy matters. In order to deepen our understanding as to why, we must remind
ourselves that politics is self-interest dressed up as principle. Whereas a
member of the lower chamber will rarely gain plaudits from his constituents for
being focused upon foreign policy, a Senator can look more presidential via
raising foreign policy matters. As such, the Senate adopts a different outlook
to the House over American foreign policy.
It is perhaps worth
noting that there has been little call to change the status quo concerning the
two chambers. Whilst a number of liberal democracies have openly discussed the
possibility of reforming their bicameral system, perhaps via closing a chamber
or granting significantly greater powers to one of those chambers; this has not
been an issue in the states. The last major change occurred via the seventeenth
amendment, when members of the Senate were first elected over a hundred years ago.
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