American Senate is the most powerful chamber on earth explain OR Power and function of senate LLB Notes

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American Senate is the most powerful chamber on earth explain  OR 

Power and function of senate

Introduction;-

              The Senate is the upper chamber of the American Congress. It is a ‘very real and living force’ in the American political system. The Senate has been organized on the basis of parity of representation of all States. Every State, whether big or small, sends two representatives in the State. No State, according to the Constitution can be deprived of equal representation in Senate without its consent.

Composition;-

          The Senate is composed of only one hundred (100) members. Each State, irrespective of population and, or, area, sends two representatives to the Senate.




Qualification for Membership;-

          A person must possess certain qualifications to become of Senate. Viz.,


  • He must be thirty years of age.
  • He must be inhabitant of the State from where he intends to contest the election.
  • He should be resident of America for at least nine years.


Method of Election;-

               Prior to 1913, the Senators were elected by the State legislatures but in that year the constitution was amended. The 17th amendment provided that the senators shall be elected by the people of the State directly. Thus, the Senators are directly elected by the people through universal suffrage.

Tenure of Senate;-

      The Senate is a permanent body and is not subject to dissolution Every Senator is elected for a term of six years and one-third of the total number of Senator retires every two years.




Privileges of Senators;-

           The Senators are guaranteed the same privilege and immunities as are guaranteed to the members of the House of Representatives. However, the Senators enjoy some special privileges in addition to the routine on. Viz.


  • Members of the Senate cannot be removed by impeachment.
  • They cannot be arrested during the sessions, save on the charge of gross misconduct, treason or threatening public peace.
  • The Senators enjoy unrestricted freedom of speech in the House. Any Senator can speak on any issue or any bill for any length of time. He may talk, even, on a bill over to death. This technique is termed as Filibustering.


Sessions;-

        The constitution requires that both Houses of the Congress must meet at least once a year. The President, however, can summon special or extra-ordinary sessions. The sessions of both the House began and end simultaneously.
     

Presiding Officer;-

       The Vice President of the United States is legally the Presiding officer to the Senate. In the absence of the Vice-President the Senate is presided over by ‘President Pro-tempore’, who is a member of the majority party. The President Pro-tempore is elected by the Senators from among themselves.




Committee;-

     Most of the work of the Senate is done by its committees consisting of its members. Chairmen of the committees are always senior members. All questions before the Senate are referred to the appropriate committee for its advice & opinion.


Powers and Functions;-

           The senate shares equal powers with the House of Representatives in respect of legislation, while it shares with the President certain administrative powers.

a.  Legislative;-

    The Senate enjoys vast legislative powers. It has equal power in ordinary legislation with House of Representatives except that a Money Bill must originate in the House of Representatives. However, the Senate can amend a Money Bill as much as it like.

b. Executive Powers;-


(1)  Aid and Advise the President;-

         The Senate provides aid and advise to the president in the discharge of his executive function.

(2) High Appointment;-

     All high Appointments made by the president are subject to the consent and advice of the senate.

(3) Control the Internal Administration;-

 The Senate controls the internal administration of the country.

(4) Investigative Power;-

  The Senate appoints committees on investigation for the purpose of finding out result of the Administration of the president.

c. Electoral Power;-


(1) Election of the Vice-President;-

          The senate decides the vice-presidential election when no candidate gets an absolute majority of votes in the election.

d. Judicial Powers;-


(1)Court of Impeachment;-

          Senate is court of impeachment of president Vice President and other high officials in America.

(2) Appointment of Judges;-

         The Judges of the Supreme Court are appointed by the president with the consent of the Senate.




Senate, the Powerful Second Chamber of the World;-

          Senate is the most powerful second chamber of the world. Senate is a powerful body. It has powers, functions, and influence which are possessed by no other second chamber in the world.

Causes of the Strength of Senate;-

   Causes of the strength of the Senate are as under:-

a. Direct Executive Powers;-

      The Senate is only legislative organ in the world which has direct executive powers.

b. Small Membership;-

    The membership of the Senate is small. It consists for the term of six years.

c.  Long Tenure;-

  The tenure of the house is long senators are elected for the term of six years.

d.  Senior Politicians;-

      The Senate consists of Senor politician of the country.




e. Direct Election;-

         Constitution of the U.S.A has provided for direct elections of Senator by the people of USA.

f. Freedom of Speech;-

  The Senators have freedom of speech. A senator can go on speaking for any length of time. Can go on speaking for any length of time.

g. Solidarity.;-

      The members of the Senate have solidarity and great unity which make the senate the powerful organ.

h. Representation of the People;-

           The Senate is the representative of the people in the USA.

i.  Representation of the States;-

           The Senators represent the states as political unit because members of the senate are elected on the basis of entire population of the states.

j.  Special Powers;-

          The Senate has special powers which strength it value.

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