:: wikimiki.org ::

Joint Committee

Joint committee

A Joint Committee of the Parliament of the United Kingdom is a Select Committee consisting of members of both the House of Commons and the House of Lords. A joint committee of the United States Congress is a Congressional committee consisting of Members of both Houses and having jurisdiction over matters of joint interest. Most joint committees are standing committees - (i.e., the Joint Committee on the Library) - but special joint committees have been created to address specific issues (i.e., the Joint Committee on the Conduct of the War).
- Category:Politics of the United States

Parliament of the United Kingdom

The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). At its head is the Sovereign; it is bicameral, including an Upper House, called the House of Lords, and a Lower House, called the House of Commons. The House of Lords includes two different types of members—the Lords Spiritual (the senior clergy of the Church of England) and the Lords Temporal (members of the Peerage); it is a wholly unelected body. The House of Commons, on the other hand, is a democratically elected chamber. The House of Lords and the House of Commons meet in separate chambers in the Palace of Westminster (commonly known as the "Houses of Parliament"), in the British capital, London (more precisely, in the borough (and city) known as the City of Westminster). By constitutional convention, all government ministers, including the Prime Minister are drawn exclusively from the House of Commons or House of Lords. Parliament evolved from the ancient council which advised the Sovereign. In theory, power is vested not in Parliament, but in the "Queen-in-Parliament" (or "King-in-Parliament"). The Queen-in-Parliament is often said to be a completely sovereign authority, though such a position is debatable. In modern times, real power is vested in the democratically elected House of Commons; the Sovereign acts only as a figurehead, and the powers of the House of Lords are greatly limited. The British Parliament is often called the "Mother of Parliaments," as the legislative bodies of many nations—most notably, those of the members of the Commonwealth—are modelled on it. However, it is a misquotation of John Bright, who had actually remarked on 18 January 1865 that "England is the Mother of Parliaments", in the context of supporting demands for expanded voting rights in a country which had pioneered Parliamentary government.

History

In the medieval period there were three kingdoms of England, Scotland and Ireland, and these developed separate parliaments. The 1707 Act of Union brought England and Scotland together under the Parliament of Great Britain, and the 1800 Act of Union included Ireland under the Parliament of the United Kingdom.

Parliament of England

The English Parliament can trace its origins to the Anglo-Saxon Witenagemot. In 1066 William of Normandy brought a feudal system where he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws. In 1215 the tenants-in-chief secured from John the Magna Carta, which established that the King may not levy or collect any taxes (except the feudal taxes to which they were hitherto accustomed), save with the consent of his royal council which slowly developed into a Parliament. In 1265, Simon de Montfort, 6th Earl of Leicester summoned the first elected Parliament. The franchise in parliamentary elections for county constituencies was uniform throughout the country, extending to all those who owned the freehold of land to an annual rent of 40 shillings (Forty-shilling Freeholders). In the boroughs, the franchise varied across the country; individual boroughs had varying arrangements. This set the scene for the so-called "Model Parliament" of 1295 adopted by Edward I. By the reign of Edward III Parliament had been separated into two Houses: one, including the nobility and higher clergy, the other, including the knights and burgesses, and no law could be made, nor any tax levied, without the consent of both Houses as well as of the Sovereign. When Elizabeth I was succeeded in 1603 by the Scottish King James VI who also became James I of England the countries both came under his personal rule but each retained its own Parliament. James I's successor, Charles I, quarrelled with Parliament and after he provoked the Wars of the Three Kingdoms their dispute developed into the English Civil War. Charles was executed in 1649 and under Oliver Cromwell's Commonwealth of England the House of Lords was abolished, and the House of Commons remained subordinate to Cromwell. After Cromwell's death the Restoration of 1660 restored the monarchy and the House of Lords. Amidst fears of a Roman Catholic succession, the Glorious Revolution of 1688 deposed James II in favour of the joint rule of Mary II and William III whose agreement to the English Bill of Rights introduced a constitutional monarchy, though the supremacy of the Crown still remained clear.

Parliament of Scotland

From the time of Kenneth mac Alpin the Scottish kingdom of Alba was ruled by chieftains and petty kings under the suzerainty of a High King, all offices being filled through election by an assembly under a system known as tanistry which combined a hereditary element with the consent of those ruled. After Macbeth was overthrown by Malcolm III in 1057 the feudal system of primogeniture was introduced as Scotland came under the influence of the Norman Conquest. In the Middle Ages the King's Council of Bishops and Earls evolved into a parliament, becoming the "colloquium" of 1235 which already had a political and judicial role. From 1326 the "three estates" had clerics, lay tenants-in-chief and the burgh commissioners sitting in a single chamber, with powers over taxation and a strong influence over justice, foreign policy, war, and legislation. The three estates chose a committee called the Lords of the Articles to draft legislation which was then presented to the full assembly to be confirmed. Following the Reformation and pressure from the Kirk, Catholic clergy were excluded from 1567, and after protestant bishops were abolished in 1638 Parliament became an entirely lay assembly. During the reign of James VI, the Lords of the Articles came more under the influence of the crown, and following his accession to the throne of England in 1603 he used them to run Scotland from London. During the Wars of the Three Kingdoms in the Covenanting period (1638–1651) the Scottish Parliament took control of the executive, effectively wresting sovereignty from King Charles I. After Scotland was invaded by Oliver Cromwell his Commonwealth government imposed a brief Anglo-Scottish parliamentary union in 1657. The Scottish Parliament returned after the Restoration of Charles II to the throne in 1660. After the Glorious Revolution formally changed England's monarch in February 1689 William summoned a Convention of the Estates which considered letters from himself and from James VII, set out its terms and duly proclaimed William and Mary II at Edinburgh on April 11 1689.

Parliament of Ireland

The Irish Parliament was founded to represent the English community in the Lordship of Ireland while the native or Gaelic Irish were ineligible to vote or stand for office, the first known meeting being in 1264. The English presence shrank to an enclave around Dublin known as the Pale. In 1541 Henry VIII declared the Kingdom of Ireland and emabarked on the Tudor re-conquest of Ireland. The Gaelic Irish lords were now entitled to attend the Irish Parliament as equals to the majority of English descent. Disputes followed the introduction of Protestantism as the state religion when most of the population remained Roman Catholic, and in 1613–1615 constituencies were fixed so that Protestant settlers held the majority in the Irish Parliament. After the Irish Rebellion of 1641, Irish Catholics were barred from voting or attending the Parliament altogether in the Cromwellian Act of Settlement 1652. Under James II & VII the Catholics regained ground and during the Jacobite war in Ireland he agreed to the Irish Parliament's demands for autonomy and restitution of lands, but after the victory of William III of England these gains were reversed with the Penal Laws making things worse. Poyning's Law made the Irish legislature subordinate to the Parliament of Great Britain, but the Constitution of 1782 removed these restrictions and about a decade later Catholics gained the right to vote, though they were still debarred from membership.

Parliament of Great Britain

Following the Treaty of Union in 1707 twin Acts of Union were passed in both the Parliament of England and the Parliament of Scotland which created a new Kingdom of Great Britain. The Acts dissolved both parliaments, replacing them with a new Parliament of the Kingdom of Great Britain based in the former home of the English parliament. While Scots law and Scottish legislation remained separate, the legislation was now dealt with by the new parliament. After the Hanoverian George I ascended the Throne in 1714 power began to shift from the Sovereign, and by the end of his reign the position of the ministers—who would in turn have to rely on Parliament for support—was cemented. Towards the end of the 18th century the monarch still had considerable influence over Parliament which itself was dominated by the English aristocracy and by patronage. At general elections the vote was restricted to landed gentry, in constituencies which were out of date so that in many rotten boroughs seats could be bought while major cities remained unrepresented. Reformers and Radicals sought parliamentary reform, but as the Napoleonic Wars developed the government became repressive and progress toward reform was stalled. Napoleonic Wars

Parliament of the United Kingdom

The United Kingdom of Great Britain and Ireland was created in 1801 by the merger of the Kingdom of Great Britain and the Kingdom of Ireland. The principle of ministerial responsibility to the Lower House did not develop until the nineteenth century. The House of Lords was superior to the House of Commons both in theory and in practice. Members of the House of Commons were elected in an antiquated electoral system, under which constituencies of vastly different sizes existed. Thus, the borough of Old Sarum, with seven voters, could elect two members, as could the borough of Dunwich, which had completely disappeared into the sea due to land erosion. In many cases, members of the Upper House controlled tiny constituencies, known as pocket boroughs or rotten boroughs, and could ensure the election of their relatives or supporters. Many seats in the House of Commons were "owned" by the Lords. After the reforms of the nineteenth century (beginning in 1832), the electoral system in the Lower House was much more regularised. No longer dependent on the Upper House for their seats, members of the House of Commons began to grow more assertive.

Modern era

The supremacy of the House of Commons was clearly established during the early twentieth century. In 1909, the Commons passed the so-called "People's Budget," which made numerous changes to the taxation system in a manner detrimental to wealthy landowners. The House of Lords, which mostly consisted of powerful landowning aristocrats, rejected the Budget. On the basis of the Budget's popularity and the Lords' consequent unpopularity, the Liberal Party won a general election in 1910. Using the result as a mandate, the Liberal Prime Minister, Herbert Henry Asquith, introduced the Parliament Bill, which sought to restrict the powers of the House of Lords. (He did not reintroduce the land tax provision of the People's Budget.) When the Lords refused to pass the bill, Asquith approached the King and requested the creation of several hundred Liberal peers so as to erase the Conservative majority in the House of Lords. In the face of such a threat, the House of Lords reluctantly passed the bill. The Parliament Act 1911, as it became known, allowed the Lords to delay a bill for a maximum of three sessions (reduced to two sessions in 1949), after which it could become law over their objections. The Irish Free State became independent in 1922 and in 1927 the UK was renamed as the United Kingdom of Great Britain and Northern Ireland. Further reforms to the House of Lords have been made during the twentieth century. In 1958, the Life Peerages Act authorised the regular creation of life peerage dignities. By the 1960s, the regular creation of hereditary peerage dignities had ceased; thereafter, almost all new peers were life peers only. More recently, the House of Lords Act 1999 has removed the automatic right of hereditary peers to sit in the Upper House (although it made an exception for ninety-two of them on a temporary basis). The House of Lords is now a chamber that is, in practice, subordinate to the House of Commons. The Scottish Parliament was established as the national unicameral legislature of Scotland by the Scotland Act 1998, and held its first meeting as a devolved legislature on 12 May 1999.

Composition

At the head of Parliament is the British Sovereign. The Sovereign's role, however, is merely ceremonial; in practice, he or she always acts on the advice of the Prime Minister and other ministers, who are in turn accountable to the two Houses of Parliament. The Upper House, the House of Lords, is mostly made up of appointed members ("Lords of Parliament"). The whole House is formally styled The Right Honourable The Lords Spiritual and Temporal in Parliament Assembled, the Lords Spiritual being clergymen of the Church of England and the Lords Temporal being Peers of the Realm. The Lords Spiritual and Lords Temporal are considered separate "estates," but they sit, debate and vote together. The Lords Spiritual formerly included all of the senior clergymen of the Church of England—archbishops, bishops, abbots and priors. Upon the Dissolution of the Monasteries under Henry VIII, however, the abbots and priors lost their positions in Parliament. All diocesan bishops continued to sit in Parliament, but the Bishopric of Manchester Act 1847 and later acts provide that only the twenty-six most senior are Lords Spiritual. These twenty-six always include the incumbents of the "five great sees," namely, the Archbishop of Canterbury, the Archbishop of York, the Bishop of London, the Bishop of Durham and the Bishop of Winchester. The remaining twenty-one Lords Spiritual are the most senior diocesan bishops, ranked in order of consecration. The Lords Temporal are all members of the Peerage. Formerly, they included hereditary peers, of the ranks of Duke, Marquess, Earl, Viscount and Baron. The right of some hereditary peers to sit in Parliament was not automatic: after Scotland and England united into Great Britain in 1707, it was provided that all peers whose dignities had been created by English Kings could sit in Parliament, but those whose dignities had been created by Scottish Kings were to elect a limited number of "representative peers." A similar arrangement was made in respect of Ireland when that nation merged with Great Britain in 1801. But when Southern Ireland left the United Kingdom in 1922, the election of Irish representative peers ceased. By the Peerage Act 1963, the election of Scottish representative peers also ended, but all Scottish peers were granted the right to sit in Parliament. Under the House of Lords Act 1999, only life peerage dignities (that is to say, peerage dignities which cannot be inherited) automatically entitle their holders to seats in the House of Lords. Of the hereditary peers, only ninety-two—the individuals exercising the offices of Earl Marshal and Lord Great Chamberlain, in addition to ninety hereditary peers elected by other peers—retain their seats in the House. The Commons, the last of the "estates" of the Kingdom, are represented in the House of Commons, which is formally styled The Honourable The Commons in Parliament Assembled. The House consists of 646 members. Previously, the House consisted of 659 members, but the number of Scottish MPs was reduced by the Scottish Parliament (Constituencies) Act 2004. Each "Member of Parliament" or "MP" is chosen by a single constituency according to the First-Past-the-Post electoral system. Universal adult suffrage exists for those 18 and over; citizens of the United Kingdom, as well as citizens of the Republic of Ireland and of Commonwealth nations resident in the United Kingdom, are qualified to vote. The term of members of the House of Commons depends on the term of Parliament; a general election, during which all the seats are contested, occurs after each dissolution (see below). The three components of Parliament are supposed to be kept separate from each other; no individual may form a part of more than one component of Parliament. Lords of Parliament are legally barred from voting in elections for members of the House of Commons; furthermore, the Sovereign by convention does not vote, although there is no statutory impediment.

Procedure

Each of the two Houses of Parliament is presided over by a Speaker. In the House of Lords, the Lord Chancellor, a member of the Cabinet, is the ex officio Speaker. Where there is a vacancy in the office, a Speaker may be appointed by the Crown. Deputy Speakers, who take the place of an absent Lord Chancellor, are also chosen by the Crown. The House of Commons has the right to elect its own Speaker. Theoretically, the approval of the Sovereign is required before the election becomes valid, but it is, by modern conventions, always granted. The Speaker's place may be taken by three deputies, known as the Chairman, First Deputy Chairman and Second Deputy Chairman of Ways and Means. (They take their name from the Committee of Ways and Means, of which they were once presiding officers, but which no longer exists.) In general, the Lord Chancellor's influence as Speaker is very limited, whilst the powers belonging to the Speaker of the House of Commons are vast. Decisions on points of order and on the disciplining of unruly members are made by the whole body in the Upper House, but by the Speaker alone in the Lower House. Speeches in the House of Lords are addressed to the House as a whole (using the words "My Lords"), but those in the House of Commons are addressed to the Speaker alone (using the words "Mr Speaker" or "Madam Speaker"). Both Houses may decide questions with voice voting; members shout out "Aye" and "No" (in the House of Commons), or "Content" and "Not-Content" (in the House of Lords), and the presiding officer declares the result. The pronouncement of the Lord Chancellor or Speaker may be challenged, and a recorded vote (known as a division) demanded. (The Speaker of the House of Commons may choose to overrule a frivolous request for a division, but the Lord Chancellor does not possess an equivalent power.) In each House, a division requires members to file into one of the two lobbies alongside the Chamber; their names are recorded by clerks, and their votes are counted as they exit the lobbies to re-enter the Chamber. The Speaker of the House of Commons, who is expected to remain non-partisan, does not cast a vote except in the case of a tie; the Lord Chancellor, however, votes along with the other Lords. (For further details on procedure, see the separate articles on the House of Lords and the House of Commons.)

Term

Following a general election, a new Parliamentary session begins. Parliament is formally summoned forty days in advance by the Sovereign, who is considered the source of parliamentary authority. On the day indicated by the Sovereign's proclamation, the two Houses assemble in their respective chambers. The Commons are then summoned to the House of Lords, where Lords Commissioners (representatives of the Sovereign) instruct them to elect a Speaker. The Commons perform the election; on the next day, they return to the House of Lords, where the Lords Commissioners confirm the election and grant the new Speaker the royal approval in the Sovereign's name. The business of Parliament for the next few days of its session involves the taking of the oaths of allegiance. Once a majority of the members have taken the oath in each House, the State Opening of Parliament may occur. The Lords take their seats in the House of Lords Chamber, the Commons appear at the Bar (immediately outside the Chamber), and the Sovereign takes his or her seat on a throne. The Sovereign then reads the Speech from the Throne—the content of which is determined by the Ministers of the Crown—outlining the Government's legislative agenda for the upcoming year. Thereafter, each House proceeds to the transaction of legislative business. By custom, before considering the Government's legislative agenda, a bill is introduced pro forma in each House—the Select Vestries Bill in the House of Lords and the Outlawries Bill in the House of Commons. These bills do not actually become laws; they are merely ceremonial indications of the power of each House to debate independently of the Crown. After the pro forma bill is introduced, each House debates the content of the Speech from the Throne for several days. Once each House formally sends its reply to the Speech, the proper legislative business of the House may commence. At once, each House becomes fully active in appointing committees, electing officers, passing resolutions and considering legislation. A session of Parliament is brought to an end by a prorogation. There is a ceremony similar to the State Opening, but it is much less well-known. Normally, the Sovereign does not personally attend the prorogation ceremony in the House of Lords; rather, he or she is represented by Lords Commissioners. The next session of Parliament begins under the procedures described above, but it is not necessary to conduct another election of a Speaker or take the oaths of allegiance afresh at the beginning of such subsequent sessions. Instead, the State Opening of Parliament is proceeded to directly. Each Parliament, after a number of sessions, comes to an end, either by the command of the Sovereign or by effluxion of time, the former being more common in modern times. The dissolution of Parliament is effected by the Sovereign, but always on the advice of the Prime Minister. The Prime Minister may seek a dissolution because the time is politically advantageous to his or her party. Furthermore, if the Prime Minister loses the support of the House of Commons, he must either resign or seek a dissolution of Parliament to renew his or her mandate. Originally, there was no fixed limit on the length of a Parliament, but the Triennial Act 1694 set the maximum duration at three years. As the frequent elections were deemed inconvenient, the Septennial Act 1716 extended the maximum duration to seven years, but the Parliament Act 1911 reduced it to five years. During the Second World War, the term was temporarily extended to ten years by Acts of Parliament. Since the end of the war in 1945, however, the maximum term has remained five years. Modern Parliaments, however, rarely continue for the maximum duration; normally, they are dissolved earlier. For instance, the Fifty-Second Parliament assembled in 1997, but was dissolved after only four years. Formerly, the demise of the Sovereign automatically brought a Parliament to an end, for the Crown was seen as the caput, principium, et finis (beginning, basis and end) of the body. It was, however, deemed inconvenient to have no Parliament at a time when succession to the Crown could be disputed. Thus, a statute passed during the reign of William III and Mary II provided that a Parliament was to continue for six months after the death of a Sovereign, unless dissolved earlier. The Representation of the People Act 1867 brought this arrangement to an end; now, a demise in the Crown does not affect the duration of a Parliament. After each Parliament concludes, a general election is held, and new members of the House of Commons elected. The membership of the House of Lords, however, does not change due to a dissolution. Each Parliament which assembles following a general election is deemed to be distinct from the one which just concluded. Thus, each Parliament is separately numbered, the present Parliament being the Fifty-Fourth Parliament of the United Kingdom (that is to say, the fifty-fourth Parliament summoned since the formation of the United Kingdom of Great Britain and Ireland in 1801). Previous Parliaments were "of Great Britain" or "of England."

Legislative functions

1801 Laws can be set by Acts of the United Kingdom Parliament. While some Acts can apply to the whole of the UK including Scotland, due to the continuing separation of Scots law many Acts do not apply to Scotland and are either matched by equivalent Acts which apply to Scotland alone or, since 1999, by legislation set by the Scottish Parliament relating to devolved matters. Laws, in draft form known as bills, may be introduced by any member of either House. Usually, however, a bill is introduced by a Minister of the Crown. A bill introduced by a Minister is known as a "Government Bill"; one introduced by another member is called a "Private Member's Bill". A different way of categorising bills involves the subject. Most bills, involving the general public, are called "Public Bills". A bill that seeks to grant special rights to an individual or small group of individuals is called a "Private Bill." A Private Bill which has broader public implications is called a "Hybrid Bill". Private Members' Bills only make up about one in eight of bills, and are far less likely to be passed than government bills. There are three methods for an MP to introduce a Private Member's Bill. The Private Members' Ballots puts names into a ballot, and those who win are given time to propose a bill. The Ten Minute Rule is another method, where MPs are granted ten minutes to outline the case for a new piece of legislation. Standing Order 58 is the third method, which allows a bill to be introduced without debate if a day's notice is given to the Speaker. Filibustering is a danger, as an opponent to a bill can waste much of the limited time allotted to it. However, all Private Members' Bills have no chance of success if the current government opposes them, but they are on occasion used in moral issues. The bills to legalise homosexuality and abortion were Private Members' Bills, for example. Governments can sometimes attempt to use Private Members' Bills to pass things it would rather not be associated with. "Handout bills" are when a government hands proposed bills to MPs that win Private Members' Ballots. Each Bill goes through several stages in each House. The first stage, called the first reading, is a mere formality. At the next stage, the second reading, the general principles of the bill are debated. At the second reading, the House may vote to reject the bill (by refusing to pass the motion "That the Bill be now read a second time"), but defeats of Government Bills are extremely rare, the last being in 2005. Following the second reading, the bill is sent to a committee. In the House of Lords, the Committee of the Whole House or the Grand Committee is used. Each consists of all members of the House; the latter operates under special procedures, and is used only for uncontroversial bills. In the House of Commons, the bill is usually committed to a Standing Committee, consisting of between sixteen and fifty members, but the Committee of the Whole House is used for important legislation. Several other types of committees, including Select Committees, may be used, but are in practice only rarely employed. A committee considers the bill clause-by-clause, and reports its proposed amendments to the entire House, where further detailed consideration occurs. However a device known as the kangaroo (Standing Order 31) allows the speaker to select which amendments are debated. This device is commonly used under Standing Order 89 by the committee chairman on behalf of the government to restrict debate in committee. Once the House considers the bill, the third reading follows. In the House of Commons, no further amendments may be made, and the passage of the motion "That the Bill be now read a third time" amounts to passage of the whole bill. In the House of Lords, however, further amendments to the bill may be moved. After the passage of the third reading motion mentioned above, the House of Lords must vote on another motion "That the Bill do now pass." Following its passage in one House, the bill is sent to the other House. If passed in identical form by both Houses, it may be presented for the Sovereign's Assent. If, however, one House passes amendments that the other will not agree to, and the two Houses cannot resolve their disagreements, the bill fails. Since the passage of the Parliament Act 1911, however, the power of the House of Lords to reject bills passed by the House of Commons has been restricted. Further restrictions were placed by the Parliament Act 1949. Under the Parliament Act, if the House of Commons passes a public bill in two successive sessions, and the House of Lords rejects them both times, then the Commons may direct that the bill be presented to the Sovereign for his or her Assent, disregarding the rejection of the Bill in the House of Lords. In each case, the bill must be passed by the House of Commons at least one calendar month before the end of the session. The provision does not apply to bills originated in the House of Lords, to bills seeking to extend the duration of a Parliament beyond five years or to Private Bills. A special procedure applies in relation to bills classified by the Speaker of the House of Commons as "Money Bills". A Money Bill solely concerns national taxation or public funds; the Speaker's certificate is deemed conclusive under all circumstances. If the House of Lords fails to pass a Money Bill within one month of its passage in the House of Commons, the Lower House may direct that the Bill be submitted for the Sovereign's Assent immediately. Even before the passage of the Parliament Acts, the Commons possessed pre-eminence in cases of financial matters. By ancient custom, the House of Lords may neither introduce a bill relating to taxation or Supply, nor amend a bill so as to insert a provision relating to taxation or Supply, nor amend a Supply Bill in any way. The House of Commons, however, is free to waive this privilege, and sometimes does so to allow the House of Lords to pass amendments with financial implications. The House of Lords, however, remains free to reject bills relating to Supply and taxation, but may be easily overruled if the bills are Money Bills. (A bill relating to revenue and Supply may not be a Money Bill if, for example, it includes subjects other than national taxation and public funds). The last stage of a bill involves the granting of the Royal Assent. Theoretically, the Sovereign may grant the Royal Assent (that is, make the bill a law) or withhold the Royal Assent (that is, veto the bill). Under modern notions of a constitutional monarchy, however, the Sovereign always grants the Royal Assent. The last refusal to grant the Assent came in 1708, when Anne withheld her Assent from a bill "for the settling of Militia in Scotland". Every bill, thus, obtains the assent of all three components of Parliament before it becomes law (except as provided by the Parliament Acts where the House of Lords is over-ridden). All laws are in theory "enacted" by the Sovereign, with the consent of the Lords and Commons. The words "BE IT ENACTED by the Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-" form a part of each Act of Parliament (where the House of Lords' authority has been overridden through the usage of the Parliament Acts, the words "BE IT ENACTED by The Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-" are used instead). These words at the beginning of every Act is known as the enacting formula.

Judicial functions

In addition to its legislative functions, Parliament also performs several judicial functions. The Queen-in-Parliament constitutes the highest court in the realm for most purposes, but the Privy Council has jurisdiction in some cases (for instance, appeals from ecclesiastical courts). The jurisdiction of Parliament arises from the ancient custom of petitioning the Houses to redress grievances and to do justice. The House of Commons ceased considering petitions to reverse the judgements of lower courts in 1399, effectively leaving the House of Lords as the realm's court of last resort. In modern times, the judicial functions of the House of Lords are performed not by the whole House, but by a group of "Lords of Appeal in Ordinary" (judges granted life peerage dignities under the Appellate Jurisdiction Act 1876 by the Sovereign) and by "Lords of Appeal" (other peers with experience in the judiciary). The Lords of Appeal in Ordinary and Lords of Appeal (or "Law Lords") are Lords of Parliament, but normally do not vote or speak on political matters. In the late 19th century Acts allowed for the appointment of Scottish Lords of Appeal in Ordinary and ended appeal in Scottish criminal matters to the House of Lords so that the High Court of Justiciary became the highest criminal court in Scotland. Nowadays the House of Lords legislative committee usually has a minimum of two Scottish Judges to ensure that some experience of Scots law is brought to bear on Scottish appeals in civil cases, from the Court of Session. Certain other judicial functions have historically been performed by the House of Lords. Until 1948, it was the body in which peers of the Realm had to be tried for felonies or high treason; now, peers are tried by normal juries. Furthermore, when the House of Commons impeaches an individual, the trial takes place in the House of Lords. Impeachments, however, are now rare; the last impeachment occurred in 1806. There are currently a number of MPs attempting to revive the custom who have signed a motion for the impeachment of the Prime Minister, but this will definitely not succeed.

Relationship with the Government

The British Government is answerable to the House of Commons. However, neither the Prime Minister nor members of the Government are elected by the House of Commons. Instead, the Queen requests the person most likely to command the support of a majority in the House, normally the leader of the largest party in the House of Commons, to form a government. So that they may be accountable to the Lower House, the Prime Minister and most members of the Cabinet are members of the House of Commons instead of the House of Lords. The last Prime Minister to be a Lord of Parliament was Alec Douglas-Home, 14th Earl of Home, who became Prime Minister in 1963. Nevertheless, to adhere to the convention under which he was responsible to the Lower House, Lord Home disclaimed his peerage dignity and procured election to the House of Commons within days of becoming Prime Minister. Governments have a tendency to dominate the legislative functions of Parliament, by using their inbuilt majority in the House of Commons, and sometimes using their patronage power to appoint supportive peers in the Lords. In practice, governments can pass any legislation (within reason) in the Commons they wish, unless there is major dissent by MPs in the governing party. But even in these situations, it is highly unlikely a bill will be defeated, but dissenting MPs may be able to extract concessions from the government. In 1976, Lord Hailsham created a now widely used name for this behaviour, in an academic paper called "elective dictatorship". Parliament controls the executive by passing or rejecting its Bills and by forcing Ministers of the Crown to answer for their actions, either at "Question Time" or during meetings of the parliamentary committees. In both cases, the Ministers are asked questions by members of their Houses, and are obliged to answer. Although the House of Lords may scrutinise the executive through Question Time and through its committees, it cannot bring about the end of a Government. A ministry must, however, always retain the confidence and support of the House of Commons. The Lower House may indicate its lack of support by rejecting a Motion of Confidence or by passing a Motion of No Confidence. Confidence Motions are generally originated by the Government in order to reinforce its support in the House, whilst No Confidence Motions are introduced by the Opposition. The motions sometimes take the form "That this House has [no] confidence in Her Majesty's Government" but several other varieties, many referring to specific policies supported or opposed by Parliament, are often used. For instance, a Confidence Motion of 1992 used the form, "That this House expresses the support for the economic policy of Her Majesty's Government." Such a motion may theoretically be introduced in the House of Lords, but, as the Government need not enjoy the confidence of that House, would not be of the same effect as a similar motion in the House of Commons; the only modern instance of such an occurrence involves the No Confidence Motion that was introduced in 1993, and subsequently defeated. Many votes are considered votes of confidence, although not specifically involving the language mentioned above. Important bills that form part of the Government's agenda (as stated in the Speech from the Throne) are generally considered matters of confidence. The defeat of such a bill by the House of Commons indicates that a Government no longer has the confidence of that House. Furthermore, the same effect is achieved if the House of Commons "withdraws Supply", that is, rejects the budget. Where a Government has lost the confidence of the House of Commons, the Prime Minister is obliged either to resign, or seek the dissolution of Parliament and a new general election. Where a Prime Minister has ceased to retain a majority in that vote and requests a dissolution, the Sovereign can in theory reject his request, forcing his resignation and allowing the Leader of the Opposition to be asked to form a new government. This power however is supposed to be used extremely rarely. The conditions that should be met to allow such a refusal are known as the Lascelles Principles. Note, however, that these conditions and principles are merely informal conventions; it is possible, though highly improbable, for the Sovereign to refuse a dissolution for no reason at all. In practice, the House of Commons' scrutiny of the Government is very weak. Since the First-Past-the-Post electoral system is employed in elections, the governing party tends to enjoy a large majority in the Commons; there is often limited need to compromise with other parties. Modern British political parties are so tightly organised that they leave relatively little room for free action by their MPs. In many cases, MPs may be expelled from their parties for voting against the instructions of party leaders. During the twentieth century, the Government has lost confidence issues only thrice—twice in 1924, and once in 1979.

Sovereignty

Several different views have been taken of Parliament's sovereignty. According to the jurist Sir William Blackstone, "It has sovereign and uncontrollable authority in making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical, or temporal, civil, military, maritime, or criminal … It can, in short, do every thing that is not naturally impossible." A different view, however, has been taken by the Scottish judge Lord Cooper of Culross. When he decided the case of MacCormick v. Lord Advocate as Lord President of the Court of Session, he stated, "the principle of unlimited sovereignty of Parliament is a distinctively English principle and has no counterpart in Scottish constitutional law." He continued, "Considering that the Union legislation extinguished the Parliaments of Scotland and England and replaced them by a new Parliament, I have difficulty in seeing why the new Parliament of Great Britain must inherit all the peculiar characteristics of the English Parliament but none of the Scottish." Nevertheless, he did not give a conclusive opinion on the subject. Thus, the question of Parliamentary sovereignty appears to remain unresolved. Parliament has not passed any Act defining its own sovereignty. Parliament's power has often been eroded by its own Acts. Acts passed in 1921 and 1925 grant the Church of Scotland complete independence in ecclesiastical matters. More recently, its power has been restricted by the United Kingdom's membership of the European Union, which has the power to make laws enforceable in each member state. In the Factortame case, the European Court of Justice ruled that UK courts could have powers to overturn legislation contravening EU law. This new power is a breach of parliamentary sovereignty, which is part of the UK constitution. Parliament has also created national devolved assemblies with legislative authority in Scotland, Wales and Northern Ireland. However, Parliament still has the power over areas for which responsibility lies with the devolved institutions, but would usually ask permission of those institutions to act on its behalf. Similarly, it has granted the power to make regulations to Ministers of the Crown, and the power to enact religious legislation to the General Synod of the Church of England. (Measures of the General Synod and, in some cases, proposed statutory instruments made by ministers must be approved by both Houses before they become law.) In every case aforementioned, however, authority has been conceded by Act of Parliament, and may be taken back in the same manner. It is entirely within the authority of Parliament to, for example, abolish the devolved governments in Scotland, Wales and Northern Ireland or to leave the EU. However, especially in the case of withdrawing from EU membership, the political costs (the UK's economy and reputation in Europe would most likely be hugely damaged) of such a move would surely prevent it from occurring. Legally, Parliament's sovereignty has not been curtailed; however, in a political sense, its own Acts have reduced Parliament’s sovereignty, especially the European Communities Act 1972 (UK), which made the UK a member of the EU. One well-recognised exception to Parliament's power involves binding future Parliaments. No Act of Parliament may be made secure from amendment or repeal by a future Parliament. For example, although the Act of Union 1800 states that the Kingdoms of Great Britain and Ireland are to be united "forever," Parliament permitted Southern Ireland to separate into a distinct nation, the Irish Free State, in 1922.

Privileges

Each House of Parliament possesses and guards various ancient privileges. The House of Lords relies on inherent right. In the case of the House of Commons, the Speaker goes to the Lords' Chamber at the beginning of each new Parliament and requests representatives of the Sovereign to confirm the Lower House's "undoubted" privileges and rights. The ceremony observed by the House of Commons dates to the reign of Henry VIII. Each House is the guardian of its privileges, and may punish breaches thereof. The extent of parliamentary privilege is based on law and custom. Sir William Blackstone states that these privileges are "very large and indefinite," and cannot be defined except by the Houses of Parliament themselves. The foremost privilege claimed by both Houses is that of freedom of speech in debate; nothing said in either House may be questioned in any court or other institution outside Parliament. Another privilege is that of freedom from arrest except for high treason, felony or breach of the peace; it applies from during a session of Parliament, as well as forty days before or after such a session. Members of both Houses are also privileged from service on juries. Both Houses possess the power to punish breaches of their privilege. Contempt of Parliament — for example, disobedience of a subpoena issued by a committee — may also be punished. The House of Lords may imprison an individual for any fixed period of time, but an individual imprisoned by the House of Commons is set free upon prorogation. The punishments imposed by either House may not be challenged in any court.

References

- Blackstone, Sir William. (1765). Commentaries on the Laws of England. Oxford: Clarendon Press.
- [http://www.parliament.the-stationery-office.co.uk/pa/ld/ldcomp/compso.htm Davies, M. (2003). Companion to the Standing Orders and guide to the Proceedings of the House of Lords, 19th ed.]
- Farnborough, Thomas Erskine, 1st Baron. (1896). Constitutional History of England since the Accession of George the Third, 11th ed. London: Longmans, Green and Co.
- "Parliament." (1911). Encyclopædia Britannica, 11th ed. London: Cambridge University Press.

External links

- [http://www.parliament.uk/ The Parliament of the United Kingdom. Official website.]
- [http://www.parliamentlive.tv/ The Parliament of the United Kingdom. Parliament Live TV.]
- [http://news.bbc.co.uk/1/hi/uk_politics/a-z_of_parliament/ The British Broadcasting Corporation. (2005). "A–Z of Parliament."]
- [http://politics.guardian.co.uk/commons/ The Guardian. (2005). "Special Report: House of Commons."]
- [http://politics.guardian.co.uk/lords/ The Guardian. (2005). "Special Report: House of Lords."]
- [http://www.leeds.ac.uk/law/hamlyn/statutor.htm Parliamentary procedure site at Leeds University]
- Category:National legislatures Category:Westminster Category:Politics of the United Kingdom Category:United Kingdom constitution United Kingdom United Kingdom

House of Commons

] ] In some bicameral parliaments of a Westminster System, the House of Commons has historically been the name of the elected lower house. The Commons generally holds much more power than the upper house (the House of Lords). The leader of the majority party in the House of Commons usually becomes the prime minister. Historically, "the commons" were an estate in a traditional pre-Enlightenment European government which typically divided the governance of an area between "estates" of society. Other estates included the clergy, nobles, merchants and knights. The word "commons" has at times been confused with the word "commoner", but they are very different in this context. The House of Commons was created to serve as the political outlet for this "commons" class, while the elite estates were represented in the House of Lords. The House of Commons was thus elected by the people while members of the upper house were appointed on the basis of various forms of merit, such as family lineage or service to the realm. States with a House of Commons base their democratic systems upon this original British house of parliament (it is thus occasionally called "the mother of parliaments"). Many such places were part of the British Empire, and are now part of the Commonwealth of Nations. There are only two existing Houses of Commons. They are:
- the British House of Commons (at the Palace of Westminster, London)
- the Canadian House of Commons (on Parliament Hill, in Ottawa) Three historical bodies have used this name in Ireland, the
- House of Commons of Ireland (abolished in 1801)
- House of Commons of Southern Ireland (1921-1922)
- House of Commons of Northern Ireland (1921-1972) The name was never used for the Australian House of Representatives, United States House of Representatives or New Zealand House of Representatives.

United States/Congress

The Congress of the United States is the legislative branch of the federal government of the United States. It is bicameral, comprising the House of Representatives and the Senate. The House of Representatives consists of 435 members, each of whom represents a congressional district and serves for a two-year term. House seats are apportioned among the states by population; in contrast, each state has two Senators, regardless of population. There are a total of 100 senators, who serve six-year terms. Both representatives and senators are directly elected by the people, but in some states the governor may appoint a temporary replacement when a Senate seat is vacant. The United States Constitution vests all legislative powers of the federal government in the Congress. The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The enumerated powers of Congress include the authority to regulate interstate and foreign commerce, to levy taxes, to establish federal courts inferior to the Supreme Court, to maintain the armed forces, and to declare war. The Constitution also includes the necessary-and-proper clause, which grants Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." The general purposes expressed in the Preamble have also been interpreted as authorizing Acts of Congress. The Senate is fully equal to the House of Representatives, and is not a "chamber of review," as is the case with the upper houses of the bicameral legislatures of many other nations. However, there are some special powers granted to one chamber only. On the one hand, the Senate's advice and consent is required for presidential appointments to high-level executive and judicial positions, and for the ratification of treaties. On the other hand, bills for raising revenue may originate in the House of Representatives alone. Both chambers meet in the Capitol in Washington, D.C. Washington, D.C.]

History

The Congress of the United States derives from First Continental Congress, a meeting of representatives of twelve of Great Britain's seventeen North American colonies, in the autumn of 1774. On 4 July 1776, the Second Continental Congress declared thirteen former colonies independent states, referring to them as the "United States of America." Under the Articles of Confederation, Congress was a unicameral body in which each state was equally represented, and in which each state had a veto over most action. The ineffectiveness of the federal government under the Articles led Congress to summon the Convention of 1787. Originally intended to revise the Articles of Confederation, it ended up writing a completely new constitution. James Madison called for a bicameral Congress: the lower house elected directly by the people, and the upper house elected by the lower house. The smaller states, however, favored a unicameral Congress with equal representation for the states. Eventually, a compromise was reached; the House of Representatives to provide proportional representation, whereas the Senate would provide equal representation. In order to preserve further the authority of the states, it was provided that state legislatures, rather than the people, would elect senators. The post Civil War Gilded Age was marked by Republican dominance of Congress. Senate elections were tainted by corruption, bribery and gridlock preventing the election of a senator. These issues were addressed by the Seventeenth Amendment (ratified in 1913), which provided for the direct election of senators. The early twentieth century witnessed the rise of party leadership in both houses of Congress. In the House of Representatives, the office of Speaker became extremely powerful. Leaders in the Senate were somewhat less powerful; individual senators still retained much of their influence. In particular, committee chairmen remained particularly strong in both houses until the reforms of the 1970s. During the long administration of President Franklin D. Roosevelt (1933–45), the Democratic Party controlled both houses of Congress. Both the Republicans and the Democrats were in control at various points during the next decade. However, after winning the elections of 1954, the Democratic Party was the majority party in both houses of Congress for most of the next forty years. The Republicans finally returned to a majority position, in both houses of Congress, in the election of 1994. The Republicans have controlled both houses since, except that the Democrats held the Senate briefly from 2001 to 2003.

Composition

2003 The House of Representatives consists of 435 members representing the fifty states. Seats are apportioned among the states on the basis of population, but every state, regardless of size, is guaranteed at least one seat. Representatives are directly elected by single-member constituencies known as congressional districts. Each state may draw the boundaries of its districts, subject to certain legal requirements; for instance, districts must have approximately equal populations. Representatives serve for two-year terms. The Senate consists of 100 members, two representing each state regardless of population. A senator is elected not by a district, but by a state as a whole. Senators serve for terms of six years each; the terms are staggered so that approximately one-third of the Senate seats are up for election every two years and so that both seats from a given state are never contested in the same general election (except for the first election of Senators upon admission of a new state). The District of Columbia and the territories are not represented in the Senate in any manner. The Constitution makes no provision for representation in Congress for citizens of the District of Columbia or the territories. Attempts to change the situation, regarding lack of District of Columbia voting rights, including the proposed District of Columbia Voting Rights Amendment, have been unsuccessful. Currently, the District of Columbia and the territories of American Samoa, Guam, and the U.S. Virgin Islands are represented by a single delegate each, while Puerto Rico elects a Resident Commissioner. Delegates and Resident Commissioners may participate in debates and vote in committees, but may not vote on the floor of the full House. Delegates serve for two-year terms; the Resident Commissioner serves for a four-year term. Generally, the Republican and Democratic parties choose their candidates in primary elections. Ballot access rules for independent and third party candidates vary from state to state. General elections are held in every even-numbered year, on the first Tuesday after the first Monday in November (Election Day). Special elections are held whenever vacancies arise; in the case of the Senate, however, the Governor of a state normally holds the power to temporarily appoint a senator until a special election can be held. In almost all cases, general and special elections are conducted by the first-past-the-post electoral system. Louisiana, however, uses runoff voting for congressional elections.

Officers

The Constitution authorizes the House of Representatives to elect its own Speaker. The Speaker's powers as presiding officer are extensive; he or she controls the course of debate and enforces the rules of the House. Normally, the Speaker does not personally preside over debates; instead, the task is delegated to other members. The Speaker is also the head of the majority party, outranking the Majority Leader. The Vice President of the United States is ex officio the President of the Senate; he or she has no vote except in the case of a tie. The Senate also elects a President pro tempore, or "temporary President," to preside when the Vice President is absent. The President pro tempore, by custom, is the most senior senator of the majority party. Neither the Vice President nor the President pro tempore regularly presides; instead, the duty is performed by other senators. The powers of the President pro tempore are much less extensive than those of the Speaker. He or she does not head the majority party in the Senate; rather, the Majority Leader is the full head of the Senate majority party.

Women, ethnic and racial minorities

Congress has historically not reflected the full diversity of the United States, despite the fact that the Constitution has never excluded persons from membership in Congress on the basis of race, ethnicity, or sex. The early Congresses were composed largely of upper-class White men. This changed briefly during the post-Civil War era of Reconstruction. The passage of the 13th and 14th Amendments expanded suffrage to former slaves. This, combined with the temporary exclusion of former members of the government of the Confederate States of America, permitted a number of African Americans to win seats. This movement reversed when Reconstruction ended and Southern states began disenfranchising blacks through the use of Jim Crow laws. During the remainder of the 19th century, and into the 20th century, racial, economic, and ethnic prejudice in the rest of the country largely kept out non-Protestants and the new waves of immigrants from southern Europe. This slowly began to change in the 20th century as these groups gained more political clout. The Civil Rights Movement of the 1950s 60s again enfranchised African-Americans, who gained more seats as a consequence. Jeannette Rankin was the first woman elected to Congress, in 1916. Women could not vote or be elected in most of the United States until the Nineteenth Amendment was ratified in 1920. Rebecca Felton was the first woman to become a Senator in 1922, when she was appointed to fill a vacancy left by Georgia Senator Thomas E. Watson. As of 2005, there are 69 women serving the U.S. House and 14 in the U.S. Senate. This is the highest number of women to hold Congressional office at one time.

Restrictions on office holding

Article I, Section 6, Clause 2 of the U.S. Constitution prohibits members of Congress from also holding a federal civil office, thus differentiating the U.S. from parliamentary systems where cabinet members are drawn from and continue to sit in the legislature. The same section also prohibits members from being appointed to offices created, or granted increased salary, during their term. This is intended to prevent the creation of sinecure positions. The Constitution does not prohibit Representatives or Senators from simultaneously holding a state post. During the eighteenth century, some members of Congress did also serve as state legislators and other state officials. Such cross-federal dual office holding is now prohibited by state constitutions or statutes, or by general custom. It also does not explicitly prohibit a particular person from serving in both the House and Senate at the same time or, for that matter, from simultaneously holding two or more seats in the House of Representatives. However, no person has ever done so; a member holding a seat in one house has always resigned that seat before starting their term in the other house.

Powers

Section 8 of Article One of the United States Constitution sets forth the powers of Congress. The most important powers are the powers to levy and collect taxes, borrow money, regulate commerce with foreign nations and among the states, coin money, establish courts inferior to the Supreme Court, raise and maintain the armed forces, and declare war. There are additional powers other parts of the Constitution grant. For instance, Congress has the power to admit new states to the Union (Article Four). Other powers have been granted, or confirmed, by constitutional amendments. Congress has the power to break deadlocks in the electoral college. If no presidential candidate achieves an electoral majority, the House may elect the President from the three candidates with the highest numbers of electoral votes. Similarly, if no vice presidential candidate achieves an electoral majority, the Senate may elect the Vice President from the two candidates with the highest numbers of electoral votes. Several of the members of the Constitutional Convention expected that, while George Washington would be overwhelmingly elected as first President under the Constitution, selection by the House would be the normal method after him. The "necessary and proper clause" of the Constitution permits Congress to make "all Laws which shall be necessary and proper for carrying into Execution" its other powers and the rest of the Constitution. The Supreme Court has interpreted the necessary and proper clause broadly, which has permitted the Congress wide authority. One of the foremost non-legislative functions of the Congress is the power to investigate and to oversee the executive branch. This power is usually delegated to committees—standing committees, special committees, select committees, or joint committees composed of members of both houses. Investigations are conducted to gather information on the need for future legislation, to test the effectiveness of laws already passed, and to inquire into the qualifications and performance of members and officials of the other branches. Committees may hold hearings, and, if necessary, compel individuals to testify by issuing subpoenas. Witnesses who refuse to testify may be cited for contempt of Congress, and those who testify falsely may be charged with perjury. Most committee hearings are open to the public; important hearings are widely reported in the mass media. Article I, Section 9 of the U.S. Constitution places certain limits of congressional authority. For instance, Congress may not suspend the privilege of the writ of habeas corpus (except in extreme cases of rebellion or invasion), pass bills of attainder or ex post facto laws, or grant titles of nobility. Several other restrictions are specified by constitutional amendments, especially the Bill of Rights. The last clause of the Bill of Rights, the Tenth Amendment, provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Checks and balances

The constitution provides certain checks and balances among the three branches of the federal government. The influence of Congress on the presidency has varied from one period to another; it depends largely on the leadership and the political influence of the President. The authors of the Constitution expected the greater power to lie with Congress and that is one reason they are described in Article One. Under the first half-dozen Presidents, power seems to have been evenly divided between the President and Congress, in part because early Presidents largely restricted their vetoes to claims of unconstitutionality. Andrew Jackson (1829-37) dominated his Congresses; his successors were weaker men (excluding Abraham Lincoln (1861-65), and perhaps James K. Polk (1845-49) and Martin van Buren (1837-41)). Senators ruled, including Henry Clay, Daniel Webster, John C. Calhoun, Thomas Hart Benton, Stephen Douglas, and Thaddeus Stevens. The impeachment of Andrew Johnson completed this trend, making the presidency much less powerful than Congress. During the late nineteenth century, President Grover Cleveland aggressively attempted to restore the executive branch's power, vetoing over four hundred bills during his first term. The 20th and 21st centuries have seen the rise of the power of the Presidency under Theodore Roosevelt (1901-09), Franklin D. Roosevelt (1933-45), Richard Nixon (1969-74), Ronald Reagan (1981-89), and George W. Bush (2001–) (see Imperial Presidency). In recent years, Congress has restricted the powers of the President with laws such as the Congressional Budget and Impoundment Control Act of 1974 and the War Powers Resolution; nevertheless, the Presidency remains considerably more powerful than during the nineteenth century. The Constitution empowers the House of Representatives to impeach federal officials (both executive and judicial) for "Treason, Bribery, or other high Crimes and Misdemeanors." The Senate is constitutionally empowered to try all impeachments. A simple majority in the House is required to impeach an official; however, a two-thirds majority in the Senate is required for conviction. A convicted official is automatically removed from office; in addition, the Senate may stipulate that the defendant be banned from holding office in the future. Impeachment proceedings may not inflict more than this; however, the party may face criminal penalties in a normal court of law. In the history of the United States, the House of Representatives has impeached sixteen officials, of whom seven were convicted. (Another resigned before the Senate could complete the trial). Only two Presidents of the United States have ever been impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both trials ended in acquittal; in Johnson's case, the Senate fell one vote short of the two-thirds majority required for conviction. The Constitution entrusts certain powers to the Senate alone. The President may only appoint Cabinet officials, judges, and other high officers with the "advice and consent" of the Senate. The Senate confirms most presidential nominees, but rejections are not uncommon. Furthermore, treaties negotiated by the President must be ratified by a two-thirds majority vote in the Senate to take effect. The House of Representatives has no formal role in either the appointment of federal officials or the ratification of treaties. The Constitution does not explicitly state that the courts may exercise judicial review (the power to strike down laws on the grounds of unconstitutionality). However, the notion that courts could declare laws unconstitutional was accepted by several delegates; for example, Alexander Hamilton mentioned and expounded the doctrine in Federalist No. 78. In 1803, the Supreme Court, established judicial review of Federal legislation in Marbury v. Madison; Marbury made the particular holding, however, that Congress could not grant unconstitutional power to the Court itself—the general power of judicial review was not exercised until the Dred Scott decision of 1857.

Legislative procedure

1857

Term

Under the Twentieth Amendment, congressional terms begin at noon on January 3 of every odd-numbered year. It is conventional to refer to each Congress by the ordinal number of its term. Thus, the current Congress (whose term lasts from 2005 to 2007) is known as the "109th Congress"; the previous Congress (whose term lasted from 2003 to 2005) was the "108th Congress," and so forth. At the beginning of each new term, the entire House of Representatives and one-third of the Senate (those who were chosen in the election the previous November) are sworn in. The oath taken is provided by statute: "I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God." The House of Representatives also elects a Speaker to preside over debates. The President pro tempore of the Senate, by contrast, holds office continuously; normally, a new President pro tempore is only elected if the previous one retires, or if there is a change in the majority party. A term of Congress is divided into two "sessions," one for each year; Congress has occasionally also been called into an extra, (or special) session. (The Constitution requires Congress to meet at least once each year.) A new session commences on January 3 (or another date, if Congress so chooses) each year. Before the Twentieth Amendment, Congress met from the first Monday in December to April or May in the first session of their term (the "long session"); and from December to March 4 in the second "short session". (The new Congress would then meet for some days, for the inauguration, swearing in new members, and organization.) The Constitution forbids either house from meeting any place outside the Capitol, or from adjourning for more than three days, without the consent of the other house. The provision was intended to prevent one house from thwarting legislative business simply by refusing to meet. To avoid obtaining consent during long recesses, the House or Senate may sometimes hold pro forma meetings, sometimes only minutes long, every three days. The consent of both bodies is required for Congress's final adjournment, or adjournment sine die, at the end of each congressional session. If the two houses cannot agree on a date, the Constitution permits the President to settle the dispute.

Joint sessions

Joint Sessions of the United States Congress occur on special occasions that require a concurrent resolution from both House and Senate. These sessions include the counting of electoral votes following a Presidential election and the President's State of the Union address. Other meetings of both House and Senate are called Joint Meetings of Congress, held after unanimous consent agreements to recess and meet. Meetings of Congress for Presidential Inaugurations may also be Joint Sessions, if both House and Senate are in session at the time, otherwise they are formal joint gatherings. At some time during the first two months of each session, the President customarily delivers the State of the Union Address, a speech in which he or she assesses the situation of the country and outlines his or her legislative proposals for the congressional session. The speech is modeled on the Speech from the Throne given by the British monarch, and is mandated by the Constitution of the United States. Thomas Jefferson discontinued the original practice of delivering the speech in person before both houses of Congress, deeming it too monarchical. Instead, Jefferson and his successors sent a written message to Congress each year. In 1913, President Woodrow Wilson reestablished the practice of personally attending to deliver the speech; few Presidents have deviated from this custom since. Joint Sessions and Joint Meetings are traditionally presided over by the Speaker of the House. However, the Constitution requires the President of the Senate to preside over the counting of electoral votes.

Bills and resolutions

A proposal may be introduced in Congress as a bill, a joint resolution, a concurrent resolution, or a simple resolution. Most legislative proposals are introduced as bills, but some are introduced as joint resolutions. There is little practical difference between the two, except that joint resolutions may include preambles but bills may not. Joint resolutions are the normal method used to propose a constitutional amendment or to declare war. On the other hand, concurrent resolutions (passed by both houses) and simple resolutions (passed by only one house) do not have the force of law. Instead, they serve to express the opinion of Congress, or to regulate procedure. Members of Congress often introduce legislation at the behest of lobbyists. Lobbyists advocate the passage (or rejection) of bills affecting the interest of a particular group (such as a corporation or a labor union). In many cases, the lobbyists write legislation and submit it to a member for introduction. Congressional lobbyists are legally required to be registered in a central database, and are employed by political organizations, corporations, state governments, foreign governments, and numerous other groups. In 2005, there are almost 35,000 registered Congressional lobbyists, representing a doubling since 2000. Some of the most prominent lobbyists are ex-members of Congress, others are family members of sitting members. As an example, Dennis Hastert, Tom DeLay, and Roy Blunt all have immediate family members who are (or were) lobbyists. Bills (and other proposals) may be introduced by any member of either house. However, the Constitution provides that: "All bills for raising Revenue shall originate in the House of Representatives." As a result, the Senate does not have the power to initiate bills imposing taxes. Furthermore, the House of Representatives holds that the Senate does not have the power to originate appropriation bills, or bills authorizing the expenditure of federal funds. Historically, the Senate has disputed the interpretation advocated by the House. However, whenever the Senate originates an appropriations bill, the House simply refuses to consider it, thereby settling the dispute in practice. Although it cannot originate revenue and appropriation bills, the Senate retains the power to amend or reject them. Each bill goes through several stages in each house; the first stage involves consideration by a committee. Most legislation is considered by standing committees, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations. The House has twenty standing committees; the Senate has sixteen. In some cases, bills may be sent to select committees (which tend to have more narrow jurisdictions than standing committees. Each standing and select committee is led by a chairman (who belongs to the majority party) and a ranking member (who belongs to the minority party). Committees are permitted to hold hearings and collect evidence when considering bills. They may also amend the bill, but the full house holds the power to accept or reject committee amendments. After considering and debating a measure, the committee votes on whether it wishes to report the measure to the full house. A decision not to report a bill amounts to a rejection of the proposal. Both houses provide for procedures under which the committee can be bypassed or overruled, but they are rarely used. If reported by the committee, the bill reaches the floor of the full house. The house may debate and amend the bill; the precise procedures used by the House of Representatives and the Senate differ. A final vote on the bill follows. Central party discipline is not as strong in Congress as it is in parliamentary systems, and in the Senate it is weaker than in the House. However, the leadership does have certain powers to sway reluctant legistators to vote with the party. Party leaders derive most of their powers from the ability to fundraise, to control the flow of legislation, and to assign desireable positions; a rebel Congressman may be threatened with a cutoff of funds for his/her campaign, a reduction of pork for his/her district, thwarting of his/her pet legislation, and/or denial of a future committee chairmanship. The party leadership may use the "catch and release" strategy in order to ensure the passage of important legislation with the support of reluctant members. The leaders "catch" a member, pressuring him or her to vote in favor of the legislation even if it is unpopular in the member's constituency. Then, if the bill has sufficient support to pass anyway, the member may be "released," that is, permitted to vote as he or she pleases. Hence, members may avoid alienating influential special interest groups, while remaining loyal to the party. Once a bill is approved by one house, it is sent to the other, which may pass, reject, or amend it. In order for the bill to become law, both houses must agree to identical versions of the bill. If the second house amends the bill, then the differences between the two versions must be reconciled in a conference committee, an ad hoc committee that includes both senators and representatives. In many cases, conference committees have introduced substantial changes to bills and added unrequested spending, significantly departing from both the House and Senate versions. President Ronald Reagan once quipped, "If an orange and an apple went into conference consultations, it might come out a pear." If both houses agree to the version reported by the conference committee, the bill passes; otherwise, it fails. After passage by both houses, a bill is submitted to the President. The President may choose to sign the bill, thereby making it law. The President may also choose to veto the bill, returning it to Congress with his or her objections. In such a case, the bill only becomes law if each house of Congress votes to override the veto with a two-thirds majority. Finally, the President may choose to take no action, neither signing nor vetoing the bill. In such a case, the Constitution states that the bill automatically becomes law after ten days (excluding Sundays). However, if Congress adjourns (ends a legislative session) during the ten day period, then the bill does not become law. Thus, the President may veto legislation passed at the end of a congressional session simply by ignoring it; the maneuver is known as a pocket veto, and cannot be overridden by the adjourned Congress. Every Act of Congress or joint resolution begins with an enacting formula or resolving formula stipulated by law. These are:
- Act of Congress: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled."
- Joint resolution: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled."

Quorum and voting

The Constitution specifies that a majority of members constitutes a quorum to do business in each house. The rules of each house provide that a quorum is assumed to be present unless a quorum call demonstrates the contrary. Representatives and senators rarely force the presence of a quorum by demanding quorum calls; thus, in most cases, debates continue even if a majority is not present. Both houses use voice voting to decide most matters; members shout out "aye" or "no," and the presiding officer announces the result. The Constitution, however, requires a recorded vote on the demand of one-fifth of the members present. If the result of the voice vote is unclear, or if the matter is controversial, a recorded vote usually ensues. The Senate uses roll call votes; a clerk calls out the names of all the senators, each senator stating "aye" or "no" when his or her name is announced. The House reserves roll call votes for the most formal matters; normally, members vote by electronic device. In the case of a tie, the motion in question fails. In the Senate, the Vice President may (if present) cast the tiebreaking vote.

Privileges

Under the Constitution, members of both houses enjoy the privilege of being free from arrest in all cases, except for treason, felony, and breach of the peace. This immunity applies to members "during their Attendance at the Session of their respective Houses, and in going to and returning from the same." The term "arrest" has been interpreted broadly, and includes any detention or delay in the course of law enforcement, including court summons and subpoenas. The rules of the House very strictly guard this privilege; a member may not waive the privilege on his or her own, but must seek the permission of the whole house to do so. Senate rules, on the other hand, are less strict, and permit individual senators to waive the privilege as they see fit. The Constitution also guarantees absolute freedom of debate in both houses, providing, "for any Speech or Debate in either House, they shall not be questioned in any other Place." Hence, a member of Congress may not be sued for slander because of remarks made in either house. However, each house has its own rules restricting offensive speeches, and may punish members who transgress them. Obstructing the work of Congress is a crime under federal law, and is known as contempt of Congress. Each house of Congress has the power to cite individuals for contempt, but may not impose any punishment. Instead, after a house issues a contempt citation, the judicial system pursues the matter like a normal criminal case. If convicted in court, an individual found guilty of contempt of Congress may be imprisoned for up to one year. Another privilege is the use of the Library of Congress. The Library's primary mission is to serve the Congress and its staff. To do this, the Congressional Research Service provides detailed, up-to-date and non-partisan research for Senators, Representatives, and their staff to help them carry out their functions as national servants.

Member groups

- Congressional Black Caucus, a group of African-American members of Congress
- Congressional Hispanic Caucus, a group representing Hispanics in the United States and Puerto Rico
- Congressional Asian Pacific American Caucus, a group representing Asian Pacific Americans

References

- Baker, Ross K. (2000). House and Senate, 3rd ed. New York: W. W. Norton.
- Berg-Andersson, Richard E. (2001). [http://www.thegreenpapers.com/Hx/SessionsExplanation.html Explanation of the types of Sessions of Congress]
- Berman, Daniel M. (1964). In Congress Assembled: The Legislative Process in the National Government. London: The Macmillan Company.
- Davidson, Roger H., and Walter J. Oleszek. (1998). Congress and Its Members, 6th ed. Washington DC: Congressional Quarterly.
- Herrick, Rebekah. (2001). "Gender effects on job satisfaction in the House of Representatives." Women and Politics, 23 (4), 85–98.
- Hunt, Richard. (1998). "Using the Records of Congress in the Classroom," OAH Magazine of History, 12 (Summer): 34–37.
- Imbornoni, Ann-Marie, David Johnson, and Elissa Haney. (2005). [http://www.infoplease.com/spot/womensfirsts1.html "Famous Firsts by American Women." Infoplease.]
- Lee, Frances and Bruce Oppenheimer. (1999). Sizing Up the Senate: The Unequal Consequences of Equal Representation. University of Chicago Press: Chicago.
- Rimmerman, Craig A. (1990). "Teaching Legislative Politics and Policy Making." Political Science Teacher, 3 (Winter): 16–18.
- Ritchie, Donald A. (1997). "What Makes a Successful Congressional Investigation." OAH Magazine of History, 11 (Spring): 6–8.
- Story, Joseph. (1891). Commentaries on the Constitution of the United States. (2 vols). Boston: Brown & Little.
- Wilson, Woodrow. (1885). Congressional Government. New York: Houghton Mifflin.
- Some information in this article has been provided by the [http://www.senate.gov/artandhistory/history/common/generic/Senate_Historical_Office.htm Senate Historical Office].

External links

- [http://www.house.gov/ U.S. House of Representatives]
- [http://www.senate.gov/ U.S. Senate]
- [http://thomas.loc.gov/ Library of Congress: Thomas Legislative Information]
- [http://www.eric.ed.gov/ERICWebPortal/Home.portal?_nfpb=true&ERICExtSearch_SearchValue_0=Vontz&ERICExtSearch_SearchType_0=authors&_pageLabel=RecordDetails&objectId=0900000b801b5845 Teaching about the U.S. Congress]
- [http://www.govtrack.us/ GovTrack.us] United States ja:アメリカ合衆国連邦議会

Congressional committee

A Congressional committee in the parlance of the United States Congress and politics of the United States is a legislative sub-organization that handles a specific duty (rather than the general duties of Congress, i.e. making "necessary and proper" laws). The House of Representatives relies more on its committees because of its larger size (there are 435 members of the House, as opposed to 100 members in the Senate).

Current Committees

In the House of Representatives, there are 20 standing committees (those that conduct business throughout the session, focusing on a certain, long-lasting issue). In the smaller United States Senate, there are only 16 standing committees. Together, there are certain joint committees (those that are important enough to warrant members from both chambers), select committees (those that only last for a certain amount of time, for a matter that is currently important), and "other" committees (including Indians' Affairs). The House of Representatives, unlike the Senate, uses a Committee of the Whole. Most committees also have one or more subcomittees.

Defunct Committees

The functions of some of these may have been merged into extant committees.

Defunct House Committees

Joint committee

Parliament of the United Kingdom

History

Parliament of England

Parliament of Scotland

Parliament of Ireland

Parliament of Great Britain

Parliament of the United Kingdom

Modern era

Composition

Procedure

Term

Legislative functions

Judicial functions

Relationship with the Government

Sovereignty

Privileges

See also

References

External links

House of Commons

See also

United States/Congress

History

Composition

Officers

Women, ethnic and racial minorities

Restrictions on office holding

Powers

Checks and balances

Legislative procedure

Term

Joint sessions

Bills and resolutions

Quorum and voting

Privileges

Member groups

See also

References

External links

Congressional committee

Current Committees

Defunct Committees

Defunct House Committees