U.S Legislative System

The U.S. Legislative Branch, established by Article I of the Constitution, consists of the House of Representatives and the Senate, collectively known as Congress, which holds the exclusive authority to enact legislation and declare war. The Senate and House have distinct roles, with the Senate confirming presidential appointments and the House originating revenue bills. The U.S. Congress is characterized as a transformative legislature, actively creating laws through deliberation and decision-making.

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U.S Legislative System

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The Legislative System Of U.S

Introduction
In U.S, established by Article I of the Constitution, the Legislative Branch consists of
the House of Representatives and the Senate, which together form the United States
Congress. The Constitution grants Congress the sole authority to enact legislation and declare
war, the right to confirm or reject many Presidential appointments, and substantial
investigative powers.
The Forms Of Legislature
The three branches of the State Power play their part in the exercise of sovereign
power in a modern State. Historically, "Legislatures' come in two basic forms: Parliaments
and Congresses. The root of the word 'Parliament' is the French word parler' ie, to take. In
England the word took on the meaning first of a Council of State and then a legislative body.
The root of the word "Congress' is Latin word 'congressus' ie to come together or assemble.1
Both words, however, have come to mean a supreme legislative or a 'Legislature with
the power to make law. In a 'Parliament', the Prime Minister and the cabinet mambers are
subject to questioning by the elected representatives in the legislature and even to being
censured and expelled from power. A 'Congress' generally can only confirm key
appointments, investigate executive branch activities, and remove the head of government by
an impeachment process.2
The Legislature called the legislative branch has the legislative power (in
constitution), which is "the power to make laws and to alter them at discretion as a legislative
body's exclusive authority to make, amend, and repeal laws".In a simple sense, a legislature
make laws. The Oxford English Dictionary defines a "legislature' as "a body of persons
invested with the power of making the law of a Country or State".3
Although legislatures are known primarily as lawmaking bodies, it is important to
recognise that these institutions have many other important responsibilities. Legislatures
operate under a system of collective decision making. Legislatures also adopt policies and
make laws through the process of deliberation.Nelson Polsby, a scholar of U.S. Congress,
classified the legislature into two basic types:-
(i) Arena legislatures are forums for discussion of ideas and policies; and
(ii) Transformative legislatures actively translate ideas into laws.4
The British Parliament is a good example of an arena legislature. The U. S. Congress is a
transformative legislature. The British Parliament is a good example of an arena legislature.
The U. S. Congress is a transformative legislature.
In the British system, the Head of the Government (Head of executive) who is a Prime
Minister and the legislature, explicitly, the Parliament are linked, and are necessarily

1
The Role of the legislature in a 'Democracy', by Norman Omstein, P. 3&5 tsee also, James Q. Wilson's
writings.)
2
Prof.Dr.Tin Aung Aye, Constitutions and Constitutional Courts of the Nations, 2nd edition p.8
3
Prof.Dr.Tin Aung Aye, Constitutions and Constitutional Courts of the Nations, 2nd edition p.9
4
Ibid,p.9
controlled by the same party. As a result, there is less need or opportunity for transformative
activity in the area of policymaking. The U. S. Congress, on the other hand, is a much more
activist legislature. Conflict, compromise, and individualism can all be found in the U.S.
Legislature.5

The Legislative System Of U.S

U.S. Legislature: As mentioned before, Article One, section 1 provides that "all
legislative powers shall be vested in a congress of the United States, which shall consists of
Senate and House of Representatives." The members of Senate (Upper House) are elected for
six-year terms, on the basis of equal representation of states. And, the members of the House
of Representative (Lower House) are elected every two-year on the basis of population and
by districts in the states.6
After every general election the majority and minority parties in both Houses organize
and elect party leaders, and the majority party elects the Chairman of the committees and
selects the majority of members on each committee. The House elects a speaker from the
majority party along with other officers. Article One, Section 3(4) provides that "the Vice-
President of U.S. Shall be the President of Senate".7
Among the powers given to the Congress are regulating commerce, levying taxes,
declaring war, establishing inferior courts, regulating the currency, and establishing the post
office. Bills for rasing revenue must originate in the House of Representatives, where by
tradition appropriations bills also originate. Exclusive powers of the Senate include
confirming major appointments by the President and ratifying major treaties.8
In Legislation, according to Article One, Section 7, Bills may be introduced only by
members of Congress. A majority of the members in each House constitutes a quorum. Bills
passed by a majority in both Houses must be approved by the President, who may veto a bill.
Nevertheless, the veto may be overidden by a two-thirds vote in both Houses. Some matters,
such as proposing constitutional amendments, ratifying treaties, and convicting on
impeachment (in the Senate) require a two-thirds vote for passage. Therefore, the scholars
say that "the U.S. Upper House is more powerful than the Lower House".9

Conclusion
In summary, the U.S. Congress, comprising the House of Representatives and the
Senate, is vital for lawmaking and representing the American people. The House and Senate
work together to create balanced legislation.

5
Prof.Dr.Tin Aung Aye, Constitutions and Constitutional Courts of the Nations, 2nd edition p.9
6
Prof.Dr.Tin Aung Aye, Constitutions and Constitutional Courts of the Nations, 2nd edition p.212
7
Ibid,p.212
8
U.S constitution Article 1, section 3 and Section 8
9
Prof.Dr.Tin Aung Aye, Constitutions and Constitutional Courts of the Nations, 2nd edition p.213