Role of Congress in USA System LLB Notes

 Role of Congress in USA System

Introduction: -

            The American congress is bicameral. The first article of the American constitution says that “All legislative power herein granted shall be vested in the congress of the united sates which shall consists of a senate and the House of representative. The congress of the united states is a legislative body of the country. Its function is to make laws. The constitution of the USA has made congress a powerful institution. Another consideration was that the bicameral system would maintain the power equilibrium between the various units of the federation. Through the provision for two chambers it was possible that atleast in one House all the stats got equal representation, regardless of the size or population.

Composition;-

             Congress of the united state has two houses which composes the congress, same are given below: -

•  Senate

• House of Representatives

Powers and Functions of Congress;-

             Following are the main functions and powers of US congress:-

a. Legislative;-

(1)Regulation of Monetary (Financial) System;-

               Congress of united states has power to regulate monetary system of the country.

(2) Formation of Armed Forces;-

             The congress determines the extent nature and organization of Armed Forces of the United States.

(3) Collection of Tax;-

             Congress has power to levy and collect taxes, duties and excises.

(4)  Law Making;-

             The congress has power to law making regarding commerce and trade.

b.  Executive;-     

(1)Making of Treaties;-

             The congress has power to make treaties.

(2) Appointments;-

             Congress shares the power of president of appointment.

(3) Creation of New Department;-

            Congress has power to create new department in the country.

(4)Fixation of Salaries and Functions;-

           Congress fixes the salaries and function of the offices and departments of Government.

c.  Judicial;-         

(1)Composition of supreme court;-

              Congress determines law for the composition of the supreme court.

(2)Determination of Appellate Jurisdiction of Supreme Court;-

              Congress determines the appellate jurisdiction of the supreme curt.

(3)Impeachment of President and Others;-

        Congress can conduct proceedings of impeachment against the president, ice president and the speaker.

(4)Confirmation of Presidential appointments;-

             Congress confirms the appointment of judges of supreme court made by the president.

(5) Creation of Courts;-

        Congress can create inferior federal courts in country.

d.  Electoral.

(1) Counting of Votes;-

           Congress meets every four year to counts votes cast for president and vice president.

(2)  Election of President and Vice President;-
          If no candidate secure absolute majority congress elects out of three securing highest votes.

e. Inherent;-        

(1)  Admission of New States;-

             The congress has power to admit new state.

(2)  Declaration of War;-

            Congress can declared war.

(3)  Treaties;-

            Congress can make treaties with the foreign countries.

(4) Maintenance of Diplomatic Relation;-

           Congress maintain diplomatic relation which other countries.

f.  Emergency;-

        During the time of national crises congress has emergency powers. These powers are inherent in national government and therefore, unlimited.

g.  Amendment;-

        A proposal for constitutional amendment may be initiated by the congress with the two third majority in each house or by the special convention called by the congress.

h.  Investigation;-

       Congress perform investigative functions through regular standing committee and by special committee setup for the purpose.

i.   Financial;-

      Congress alone has power to grant money to the federal government. All bills of revenues are initiated in lower house.

Distinctive Features of the Working of the Congress;-       

a. Absence of Leadership of the Executive;-

     There is neither any government nor any opposition in both houses of the congress.

b.  Legislative Initiative;-

             Legislative initiative is in the hands of the private members bills are usually moved by the private members.

c. Burden of Work;-

        Congress has to deal with an enormous amount of business. It also deal with all sort of problems concerning international and natural level.

d. Lobbying;-

        The legislative work of the congress is also affect by lobbing. These lobbyists vigilantly guard the interest of industrial organization which they represent. These lobbyists protect their rights.

e.  Role of Committee;-

 Committees plays a virtual role in the legislation. All the bills are referred to the committee.

f. Position of Upper House;-

       The upper house of the congress which is know as senate has domination over the lower house.

Conclusion;-

     At the conclusion we can use the words of Earnest S.Griffith “that the congress of the united states is the World’s best hope of representative Government”. The legislative powers of both of the house are equal but in effect the senate is more powerful than the house.