The U.S. Congress and Presidency Constitutional Functions
Structure and Makeup of U.S. Congress
In America, the legislature of the United States has been formed by two different chambers, that is, the House of Representatives and the Senate. Since the era of the founding fathers, this structure of the congress has been considered as a bicameral legislature structure which has been operating in the capital of the United States, Washington, D.C (Johnson, 2016). Both legislative houses share similar legislative duties, though, each chamber has further unique tasks. Both legislative structures are significant for the responsibilities’ development proper of the country congress. According to Johnson (2016), the house of representatives, that is, the lower house is normally elected for two years while every congress elect represents a particular district, and encouraged to present amendments, introducing resolutions and bills. In contrast, the Senate, the upper house, has different powers, including presenting revenue bills and destitute federal officers. Conferring to Johnson (2016), in case of a tie in the United States’ presidential elections, the upper house is mandated to choose the president. The key differences between the upper and the lower houses are depicted as shown.
Differences in the Senate and House of Representatives
Size difference: House of Representatives is composed of 435 members while the Senate has 100 legislates.
Different qualification requirements: the lower house representatives must meet a minimum of 25 years of age and United States citizen for not less than seven years, while the Senate legislates must have not less than 30 years of age and the United States citizen for note less than nine years.
Different government responsibilities: For instance, the entire bills for raising money should come from the lower house, and this House has the mandate of impeaching an elected government official. In contrast, the upper house has the power to try the impeachments. Again, the Senate further approves government treaties and ascertain presidential appointments.
Length of serving term: the lower house representatives should serve for two years and Senate 6 years.
Congress and Presidential Granted Powers Under the Constitution
Presidential Powers
The United States Constitution provides the president with the mandate and power to either sign or reject a particular law, command the military forces, make treaties, convening and adjourning the Congress proceedings, grant reprieves, and pardons, among other duties stipulated by the Constitution (Maurice, Kanayo & Nancy, 2014). In summary, some of the precise presidential powers under checks and balances include:
Appointing Power: The U.S. president is constitutionally charged with the responsibility of appointing individuals to particular government positions. For instance, the president is supposed to appoint consuls, ambassadors, judges, and other government top officials in their respective positions. The United States Senate, however, may legally intervene through advising the president. The entire appointments should have the Senate’s two-thirds majority vote.
Legislative Power: The president has the mandate to sign or veto legislation. The Bills that are passed by Congress should be approved by the President. According to Maurice et al. (2014), yet, Congress can constitutionally override any presidential veto through the attainment of a two-third majority vote.
Diplomatic Power: The U.S. president has constitutional, diplomatic powers to coordinate international affairs such as signing or terminating treaties with other foreign countries. Yet again, the president should consult with Congress in order to get advice, but the Senate must still reach a two-thirds majority vote.
Military Power: The president has a constitutional power as the commander-in-chief of all the United States military forces. The Congress, however, has the sole authority to declare any war, as stated in the War Powers Act of 1973 (Maurice et al., 2014). The United States President is mandated to commit the military forces abroad as the sole commander-in-chief of armed forces but obligated to provide a report about the military process to the Congress within an interval of hours.
The Congress Powers
On the other hand, under the Constitution of the United States, Congress has particular constitutional powers to function as the foremost authority for making laws. Such laws include declaring a war, coining money, raising a navy and army, regulating commerce, establishing naturalization and immigration rules, and establishment of the federal courts together with their jurisdictions (Maurice et al., 2014). Besides, the Congress possess evolutionary powers providing it with authority to pass laws the Congress deems necessary. However, as per the intentions of the founding fathers, however, several Congressional powers have been evolved over time.
Evolution of Presidential Powers
Over the years, the U.S. presidential power has evolved since the promulgation of the U.S. constitution. The initial U.S. presidency that governed the country in the 1700s period is much different from the current presidency (Bradley & Morrison, 2013). The first three U.S. presidents, including George Washington, John Adams, together with Thomas Jefferson, generally formed the U.S. presidency that was constitutionally more powerful relative to other governmental branches, that is, the Senate and the lower house (Bradley & Morrison, 2013). In the 1800s period, however, Congress had been the more powerful government branch with respect to the executive branch (Bradley & Morrison, 2013). Therefore, at present, the president has, in some way, lost some powers since, with time, the balance of administrative power has been upheld. Thus, entire administration branches currently purpose to have identical powers amongst them. The checks and balances are, therefore, important in an effort to avoid any power abuse in each of the administrative branches.
How Bills Become Laws
In order for a bill to become a law, there exists a step-by-step procedure that is constitutional.
Creation of a bill: Any bill idea is expected from every citizen, but the Congress members have the sole mandate to introduce a particular bill in Congress (Smith & Riddick, 2008). The bill is deemed to be introduced at any given moment during the Senate sessions proceedings.
Committee Action: A committee is generally assigned as a duty to study the created bill with respect to the subject matter (Smith & Riddick, 2008). Frequently the committee may refer this bill to its subcommittees.
Floor Action: The created bill is then returned to the Senate or the House for more debate and approval where the members can propose amendments add additional writing, or else alter it (Smith & Riddick, 2008).
Bill Voting: Senate or House members vote according to their respective individual versions to the proposed bill.
Conference Committees: The proposed bill should be approved by both Congress Chambers. After the Senate amends and consents to the bill or a bill version that the House had already passed or if the House amends and agrees on a Senate bill or a Senate version bill, both Chambers may start resolving any statutory differences between the House and Senate bill versions by a conference committee approach.
Presidential Action: When the bill has been passed by the two Chambers, the President approves to grant the bill as a Public Law or make it a veto by commenting or refusing to sign the bill.
The Creation of a Law: The Federal Register office assigns the approved Public Law a unique number then the printing office of the government prints a law copy. Finally, the law is codified into a subject order in order for entire laws on the similar topic put together.
References
Bradley, C. A., & Morrison, T. W. (2013). Presidential Power, Historical Practice, and Legal Constraint. Columbia Law Review, 1097-1161.
Johnson, K. S. (2016). Governing the American State: Congress and the new federalism, 1877- 1929 (Vol. 154). Princeton University Press.
Maurice, O. U., Kanayo, O., & Nancy, S. (2014). A Comparative Analysis of the Interplay of Administrative and Political Structures of the Legislature in the Legislative Procedures of Selected Federal Systems. Journal of Social Sciences, 41(1), 27-35.
Smith, G. H., & Riddick, F. M. (2008). Congress in Action (How a Bill Becomes a Law). Wildside Press LLC.