Friday, 29 April 2016

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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