Introduction
The legislative branch of the US government had not been tried until 1789 when Congress met for the first time in New York City; they commenced house business on April 1 st upon attainment of a quorum of fifty-nine house members. It then marked the dawn of the 1789 US Constitution ( Davidson et al., 2013).
Structure and Makeup of Congress
The US lawmaking body, the Congress, consists of two houses, the Senate and House of Representatives ( Davidson et al., 2013). The businesses of the two houses are hosted in the Capitol Building in Washington, D.C. A hundred members constitute the Senate while the House of Representatives is made up of 435 members from the respective congressional districts (Smith, Roberts & Vander, 2013). All members of the Congress get to their seat through a direct vote from Americans on the Election Day. Two senators are elected from each state to the Senate. Depending on how populated the state is, more than one representative may be elected to the House of Representative. Traditionally, the chief spokesperson for the majority and the presiding officer in the House is the Speaker of the House of Representatives – a powerful position which is third in line in presidential succession ( Davidson et al., 2013).
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Differences between the House of Representatives and the Senate
The Senate constitute the upper chamber while the House the lower chamber as was designed by the Founders. Members of House of Representatives are elected after every two years in smaller congressional districts to keep them closer to the citizens as was thought by the Founders. On the hand, senators are elected every six years at the state level, and eligibility requirements are much steeper ( Davidson et al., 2013). The Founders shared their belief that the Senate would be the voice of the nation to seek the country’s interests. Contrary to the Founders expectations, senators have since the passage of the Seventeenth Amendment of 1913 been directly elected and have a high probability of losing their reelection bids. Thus, they are obligated to work harder to keep their positions. By contrast, House members rarely suffer their reelection campaigns unless tainted by scandals as was predicted by the Founders ( Davidson et al., 2013).
Notably, the Senate follows modest norms of behavior owing to the strict rules they adhere to in enhancing debate. Contrary, the House is rowdier, thus permitting confrontational leaders to ascend in influence ( Smith, Roberts & Vander, 2013). There are specific duties only mandated to each chamber of the Congress. For instance, bills appropriating funds can only be initiated by the House while the Senate has the power to veto an appropriation bill. Impeachment proceedings can only be initiated by the House while the Senate is incapable of impeachment unless the charges are brought by the House. Nevertheless, it is just the Senate that tries an impeachment, convict, and remove the President or other impeachable federal officer and not the House ( Smith, Roberts & Vander, 2013).
Powers granted to Congress and the President under the Constitution
Lawmaking is the fundamental power of Congress as enshrined in the United States Constitution which upon presidential assent becomes the law of the land. Unfettered legislative power is granted to both chambers of the Congress as stipulated in Article 1 of the US Constitution (The Heritage Foundation, 2017). Thus, the passage of the law is inadmissible without the consent of both chambers. Congress members enjoy the immunity from arrest, punitive actions during their deliberations, and do not suffer travel bans to and from sessions. Congressional independence and authority are buttressed by Article I (Davidson et al., 2013). Notably, within the framework of the Constitution, Congress possess both implied and specific powers. The provisions of Article I, Section 8 gave Congress twenty-seven enumerated powers (specific powers) which include regulation of domestic and foreign commerce, right to tax collection, declaration of war, the establishment of lower federal courts, and coining of money among others (Davidson et al., 2013). The Constitution does not directly state the implied powers; implied powers are derived from the power of the Congress of making all laws "necessary and proper," elastic clause enshrined at the culmination of Article I, Section 8, which expands Congress authority (The Heritage Foundation, 2017).
Unlike Congress, the president has less specific powers outlined in the Constitution. Among the specific presidential power other than being the commander in chief include selection of members of the Supreme Court, cabinet secretaries, and ambassadors (The Heritage Foundation, 2017). The president is granted the authority to proposed legislation. The president can veto laws passed by Congress. The president adjourns the operations of the Congress if members failed to agree on the final date. Lastly, federal crimes other than impeachment are pardoned by the president (The Heritage Foundation, 2017).
Checks and Balances of Power in the Three Arms of Government
The legislature is authorized to define the framework and mandates of the two other branches even though three arms supposedly are coequal. An independent federal judicial system made up of one Supreme Court is enshrined within the Constitution. Nevertheless, the Congress influences the number of justices the Supreme Court, and the type and the number of inferior federal courts in addition to their discretion as spelled out in Article III (Davidson et al., 2013). Nevertheless, powers denied to the Congress are delineated in Article I, Section 9 of the Constitution. The Congress is prohibited by the Bill of Rights from making laws that infringe personal liberties. The Court offers the ultimate say as to whether a right is violated or protected by the Constitution (Corwin, 2017).
Law passed by the Congress can be vetoed by the president or declared unconstitutional by the Supreme Court under the power of judicial review (Corwin, 2017) within the framework of checks and balances. Additionally, unpopular laws can be ignored by voters as was the case of Eighteenth Amendment establishing Prohibition. The president, under executive privilege, can decide whether or not to release information generated within the executive to the courts or the Congress (Hirschfield, 2017). It serve as a protection of military and diplomatic secrets. The Senate reviews, consents, and withholds the presidential appointees. Moreover, the president equally holds a discussion with the Senate on treaties since they are only ratified by the Senate (Smith, Roberts & Vander, 2013).
Roles and Responsibilities of the President
Other the duties of the president aforementioned above, he or she serves as the commander of armed forces and chief of state. He or she determines the direction of US foreign policy in addition to treaty negotiations with other countries (The Heritage Foundation, 2017) .
Evolution of Presidential Power
The powers of the president have evolved beyond what the Founders stipulated in the nation's structure. These powers are not limited to those enshrined in the US Constitution. The notion of inherent powers in addition to the legislative process led to the expansion of authorities of the president (Hirschfield, 2017). Inherent powers are inferred from the Constitution as was agreed by the Supreme Court; for instance, executive agreements have been signed by presidents with other nations without the requirement of Senate process (Hirschfield, 2017). Furthermore, the executive was granted power in the affairs of domestic policy by Congress. For example, President Franklin Roosevelt was granted extraordinary power to remove the country from Depression (Mitchell, 2017). Additionally, new cabinet departments were created by the Congress to give powers to the president to handle issues related to welfare, education, homeland security and environment. In essence, a surge in presidential power is evident throughout the 20th century at the expense of Congress (Hirschfield, 2017).
How Bills Become Laws
The legislation is introduced in either or both of the chambers of the Congress except tax or revenue bills which originates only in the House. Clerks of the Congress assigns a number to each Bill. The Senate majority leader or Speaker of the House send the bills to appropriate committees which forward it to subcommittees. Hearings on the Bills is held by subcommittees which notes the testimonies from proponents and opponents. Favorable or unfavorable reports to the bill are issued to the committee after hearing. Recommendations are often accepted by the committee from its subcommittee. The committee then sends bills for voting in the House ( Smith, Roberts & Vander, 2013). Bills are passed through the voice votes by the Congress members. Upon passage by the Congress, bills are sent for presidential assent. If signed by the president, they become law ("How a Bill Becomes a Law", 2016) .
References
Corwin, E. S. (2017). The Doctrine of Judicial Review: its legal and historical basis and other essays . Routledge.
Davidson, R. H., Oleszek, W. J., Lee, F. E., & Schickler, E. (2013). Congress and its members . cq Press.
Hirschfield, R. S. (2017). The Power of the Presidency: Concepts and Controversy . Routledge.
How a Bill Becomes a Law. (2016). Retrieved from https://www.cliffsnotes.com/study-guides/american-government/congress/how-a-bill-becomes-a-law
Mitchell, B. (2017). The Depression Decade: From New Era Through New Deal, 1929-41: From New Era Through New Deal, 1929-41 . Routledge.
Smith, S. S., Roberts, J. M., & Vander Wielen, R. J. (2013). The American Congress . Cambridge University Press.
The Heritage Foundation. (2017). the Heritage Guide to the Constitution. Retrieved from https://www.heritage.org/constitution/#!/articles/6
