Which chamber of Congress is the most powerful? (pc)

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Why does the legislative process make both significant?

Both chambers must approve the same bill for it to become law and neither chamber is reserved about blocking or defeating bills passed by the other e.g. between 2010-2014 the House of Representatives voted to repeal the PPACA, but the Senate defeated each attempt -In 2013, the Senate passed the Border Security, Economic Opportunity, and Immigration Modernisation Act but the House refused to even debate the bill

Bicameral legislature

Compromise between large and small states, federalists and anti-federalists

What else does advice and consent clause say?

Nominations Around 1000 of the 7000 presidentially-appointed positions require the advice and consent of the Senate Includes: -Cabinet secretaries - Heads of executive agencies like NASA -Directors of regulatory agencies like the EPA -US Attorneys and marshals -US ambassadors Hearings can be held for significant appointments, providing evidence supporting or opposing the nomination

Why doesn't Senate have complete power over international agreements

North Atlantic Free Trade Agreement (NAFTA) (1994) - eliminated trade barriers between America, Canada and Mexico -156 Democrats in the House voted against this agreement House vote because the agreement technically isn't a treaty -In recent decades, to avoid the supermajority needed to approve treaties, presidents have increasingly used: Congressional-Executive Agreements These are international agreements that are approved by both chambers of Congress like normal legislation This is how most free trade agreements are passed and it means the House still has a say on some international deals, treaties now tend to be reserved for big international arms agreements

Senate prestige - limited powers of the house

Senate seems more prestigious as the exclusive powers of the house are fairly limited -Article 1, Section 7 contains the origination clause - all bills for raising revenue shall originate in the house, but the second part of the clause says the senate can still amend these revenue bills 'Shell Bill' where the Senate amends the entire text of a revenue bill from the House- allows Senate to revenue bills, even if it lacks the power to -The House does get to elect the president if no majority - in a two party system this is extremely rare (happened twice in 1800 and 1824) -The House has the power to impeach.. but the Senate's power to conduct the trial and determine guilt has more lasting consequences

Why are the exclusive powers of the Senate arguably more significant?

-Article II, Section II advice and consent clause (ratifying treaties) - all international treaties need a supermajority in the Senate -Many treaties have significant impact and power to block gives power e.g. America signed up to the Comprehensive Test Ban Treaty in 1996 (would have banned all nuclear test explosions). Rejected by the Senate in October 1999 -2013 UN Arms Trade Treaty (would regulate the international sale of weapons) was not ratified because conservatives are worried it could lead to gun control

Examples of how the Senate seems more prestigious

-Representatives often seek election to Senate, but Senators do not leave the Senate to run for election in the House -Barack Obama was Senator for Illinois and Biden Senator for Delaware

Why is the Senate regarded as more prestigious and powerful?

1. 6 year terms. Representatives are in almost constant state of election campaigning and fundraising, but Senators can focus their efforts on legislation, scrutiny and raising their profile 2. Each Senator represents an entire state rather than a district - have far greater name recognition and arguably a broader mandate, having had to won over far more voters 3. Senate only has 100 seats - the vote of an individual Senator can be seen as much more powerful (more true because of filibusters)

What are the concurrent powers?

1. Both chambers need to pass the same version of a bill before it can become law 2. A 2/3 vote is needed to overturn president's veto 3. 2/3 vote needed to propose a constitutional amendment 4. Both chambers are needed to declare war 5. Both confirm a newly appointed vice-president

Exclusive powers of the Senate

1. Confirms nominations (to positions like the Supreme Court) 2. Conducts the trial of impeached officials 3. Ratifies treaties negotiated by the president 4. Elects vice-president if no candidate wins a majority of Electoral votes

Exclusive powers of the House

1. Initiate revenue bills (because the Senate was originally unelected) 2. Impeach public officials 3. Elect president if no candidate wins a majority of Electoral votes

Successful treaties

1. New START (Strategic Arms Reduction treaty) - 2010 (agreement between America and Russia to half their number of strategic nuclear missile launchers) Senate gave its advice and consent to ratification in a 71-26 vote

Filibusters

Unlike in the House, the Senate rules allow for unlimited debate, making it possible to filibuster - dragging out debate to prevent a vote on a bill -To break a filibuster requires 50 votes in the Senate. Cloture (a vote to end a filibuster) As so many votes are frequently filibustered, it means 60 votes are really needed for success The need for supermajority gives individual Senators significant power


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