立法分支.docx

1、立法分支立法分支：国会的权力范畴The Legislative Branch: The Reach of Congress05 December 2013Government implies the power of making laws. Alexander Hamilton, The Federalist Papers, 17871788Article I of the Constitution grants all legislative powers of the federal government to a Congress divided into two chambers,

2、a Senate and a House of Representatives. The Senate is composed of two members from each state as provided by the Constitution. Its current membership is 100. Membership in the House is based on each states population, and its size is therefore not specified in the Constitution. Its current membersh

3、ip is 435.For more than 100 years after the adoption of the Constitution, senators were not elected by direct vote of the people but chosen by state legislatures and looked on as representatives of their home states. Their duty was to ensure that their states were treated equally in all legislation.

4、 The Seventeenth Amendment, adopted in 1913, provided for direct election of the Senate.The delegates to the Constitutional Convention reasoned that if two separate groups one representing state governments and one representing the people must both approve every proposed law, there would be little d

5、anger of Congress passing laws hurriedly or carelessly. One house could always check the other in the manner of the British Parliament. Passage of the Seventeenth Amendment did not substantially alter this balance of power between the two houses.While there was intense debate in the convention over

6、the makeup and powers of Congress, many delegates believed that the legislative branch would be relatively unimportant. A few believed that the Congress would concern itself largely with external affairs, leaving domestic matters to state and local governments. These views were clearly mistaken. The

7、 Congress has proved to be exceedingly active, with broad powers and authority in all matters of national concern. While its strength vis-vis the executive branch has waxed and waned at different periods of American history, the Congress has never been a rubber stamp for presidential decisions.Quali

8、fications of Members of CongressThe Constitution requires that U.S. senators must be at least 30 years of age, citizens of the United States for at least nine years, and residents of the states from which they are elected. Members of the House of Representatives must be at least 25, citizens for sev

9、en years, and residents of the states from which they are elected. The states may set additional requirements for election to Congress, but the Constitution gives each house the power to determine the qualifications of its members.Each state is entitled to two senators. Thus, Rhode Island, the small

10、est state, with an area of about 3,156 square kilometers, has the same senatorial representation as Alaska, the biggest state, with an area of some 1,524,640 square kilometers. Wyoming, with an estimated 480,000 persons, has representation in the Senate equal to that of California, with its populati

11、on of 32,270,000.The total number of members of the House of Representatives is determined by Congress. That number is divided among the states according to their populations. Regardless of its population, every state is constitutionally guaranteed at least one member of the House. At present, seven

12、 states Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont and Wyoming have only one representative. On the other hand, four highly populous states have more than 20 representatives California alone has 53.The Constitution provides for a national census every 10 years and a redistributio

13、n of House seats according to population shifts. Under the original constitutional provision, the number of representatives was to be no more than one for each 30,000 citizens. There were 65 members in the first House, and the number was increased to 106 after the first census in 1790. Had the 1-to-

14、30,000 formula been adhered to permanently, population growth in the United States would have brought the total number of representatives to about 7,000. Instead, the formula has been adjusted over the years, and today the ratio of representatives to people is about 1-to-700,000.State legislatures d

15、ivide the states into congressional districts, which must be substantially equal in population. Every two years, the voters of each district choose a representative for Congress.Senators are chosen in statewide elections held in even-numbered years. The senatorial term is six years, and every two ye

16、ars one-third of the Senate stands for election. Hence, two-thirds of the senators are always persons with some legislative experience at the national level.It is theoretically possible for the House to be composed entirely of legislative novices. In practice, however, most members are reelected sev

17、eral times, and the House, like the Senate, can always count on a core group of experienced legislators.Since members of the House serve two-year terms, the life of a Congress is considered to be two years. The Twentieth Amendment to the U.S. Constitution provides that the Congress will convene in r

18、egular session each January 3, unless Congress fixes a different date. The Congress remains in session until its members vote to adjourn usually late in the year. The president may call a special session when he thinks it necessary. Sessions are held in the Capitol building in Washington, D.C.Powers

19、 of the House and SenateEach house of Congress has the power to introduce legislation on any subject except raising revenue, which must originate in the House of Representatives. The large states may thus appear to have more influence over the public purse than the small states. In practice, however

20、, each house can vote against legislation passed by the other house. The Senate may disapprove a House revenue bill or any bill, for that matter or add amendments that change its nature. In that event, a conference committee made up of members from both houses must work out a compromise acceptable t

21、o both sides before the bill becomes law.The Senate also has certain powers especially reserved to that body, including the authority to confirm presidential appointments of high officials and ambassadors of the federal government, as well as authority to ratify all treaties by a two-thirds vote. In

22、 either instance, a negative vote in the Senate nullifies executive action.In the case of impeachment of federal officials, the House has the sole right to bring charges of misconduct that can lead to an impeachment trial. The Senate has the sole power to try impeachment cases and to find officials

23、guilty or not guilty. A finding of guilt results in the removal of the federal official from public office.The broad powers of the whole Congress are spelled out in Article I of the Constitution: To levy and collect taxes. To borrow money for the public treasury. To make rules and regulations govern

24、ing commerce among the states and with foreign countries. To make uniform rules for the naturalization of foreign citizens. To coin money, state its value, and provide for the punishment of counterfeiters. To set the standards for weights and measures. To establish bankruptcy laws for the country as

25、 a whole. To establish post offices and post roads. To issue patents and copyrights. To set up a system of federal courts. To punish piracy. To declare war. To raise and support armies. To provide for a navy. To call out the militia to enforce federal laws, suppress lawlessness, or repel invasions.

26、To make all laws for the seat of government (Washington, D.C.). To make all laws necessary to enforce the Constitution.A few of these powers are now outdated, but they remain in effect.The Tenth Amendment sets definite limits on congressional authority, by providing that powers not delegated to the

27、national government are reserved to the states or to the people. In addition, the Constitution specifically forbids certain acts by Congress. It may not: Suspend the writ of habeas corpus a requirement that those accused of crimes be brought before a judge or court before being imprisoned unless nec

28、essary in time of rebellion or invasion. Pass laws that condemn persons for crimes or unlawful acts without a trial. Pass any law that retroactively makes a specific act a crime. Levy direct taxes on citizens, except on the basis of a census already taken. Tax exports from any one state. Give specia

29、lly favorable treatment in commerce or taxation to the seaports of any state or to the vessels using them. Authorize any titles of nobility.Officers of the CongressThe Constitution provides that the vice president shall be president of the Senate. The vice president has no vote, except in the case o

30、f a tie. The Senate chooses a president pro tempore to preside when the vice president is absent. The House of Representatives chooses its own presiding officer the Speaker of the House. The speaker and the president pro tempore are always members of the political party with the largest representati

31、on in each house.At the beginning of each new Congress, members of the political parties select floor leaders and other officials to manage the flow of proposed legislation. These officials, along with the presiding officers and committee chairpersons, strongly influence the making of laws.The Commi

32、ttee ProcessOne of the major characteristics of the Congress is the dominant role committees play in its proceedings. Committees have assumed their present-day importance by evolution, not by constitutional design, since the Constitution makes no provision for their establishment.In 2013 the Senate had 15 standing (or permanent) committees and 70 subcommittees; the House of Representatives had 21 committees and 104 subcommittees. Each specializes in specific areas of legislation: foreign affairs, defense, banking, agriculture, comm