Present day USA (United States of America) is consist upon British Colonies. After some time, representative government was established in those colonies. When British government imposed heavy taxes, conflict arose, which gave rise to Boston Tea Party and American Revolution Movement. When British government rejected their request to end this tax, conflict got intense. These colonies declared independence on 04.07.1776. British accepted their independence in Treaty of Paris, after their defeat.
American Constitution was written in 1787 and enforced in 1789. George Washington became the first president and John Adams as vice president
American Constitution is the first written Constitution in the world. It has federal system with full sovereignty to federating units except currency, war and peace making, which rests in federal. Constitution promotes Separation of Powers - Checks and Balances system.
Congress (parliament) was empowered to make legislation, president became head of executive and Supreme Court as judicial head with the power of Judicial Review, written in the Constitution.
Congress (Parliament): The United States Congress (Parliament) is the bicameral legislature of the USA and consists on the Upper House (Senate) and the Lower House (House of Representatives). Article-1 of the constitution of the America empowers the parliament to legislate.
Lower House (House of Representatives): seats:435, min age: 25, tenure: 2 years, no limit for re-election. Speaker of lower house is elected on majority vote. He sides his party and speaks openly in his party's favor.
Functions & Powers: In the next paragraph, Functions of the Upper House (Senate) of the United States of America are given. In that text, you’ll easily find the functions and powers of the lower house.
Upper House (Senate): seats:100 (states:50, 2 senators from each state), min age: 35, tenure: 6 years (1/3rd members retirement after every 2 years), no limit for re-election. Speaker of upper house is the vice-President. Elections of President and Vice-President are held together. Vice-President can not affiliate to any political party and has to be neutral.
Functions & Powers of the Upper House (The Senate):
- Senatorial Courtesy: All the appointments or decisions are made by the President with the approval from the Senate. If President appoints an executive head or makes a decision without consulting with the Senate, this decision or appointment is rejected. This is called the “Senatorial Courtesy”. In 1938, American President, Franklin D. Roosevelt tried to bypass the senatorial courtesy. In response to this, whole Senate stood against him, including the members of his own party.
- Legislative: Senate shares the power to make legislation with the lower house. Any non-money bill can originate in the Senate. Then it moves to Lower House. After the approval of bill with a simple majority (51 out of 100 in Senate, and 218 out 435 in lower house) from both house, bill goes to President. If President signs, it becomes law, if not, it becomes law after 10 days automatically. If President veto this, it is cancelled. Both the houses could overwrite the veto of President by 2/3rd majority votes. In the same way, if a money bill or non-money bill originates in lower house, it has to have simple majority in senate to go to President for signature. Veto procedure is same here.
- Financial: A money bill originates in the lower house. Then it moves to Senate. Senate can change everything of this bill except the title of the bill. In this way, Senate controls the finance.
- Constitutional Amendment: having equal power with the lower house (house of representatives) to make an amendment to the constitution. Proposal by Congress after 2/3rd majority vote. It seeks ratification by state legislations.
- Election of Vice-President: If candidate of the vice-President fails to secure the majority votes to be elected. Then it is the responsibility of the Senate to elect the vice-President.
- Appointments: All appointments made by the President require the assent of the Senate.
- Ratify Treaties: All the treaties are made by the President, effective only when ratified by the Senate with 2/3rd majority. Thus, Senate influence all the treaties and decisions made by the President, including foreign relations etc.
- Court of Impeachment: Impeachment of a high ranking official, President and Vice-President are started in lower house. But Senate sits alone as the court of impeachment. If the Senate impeaches to a person, cannot get pardon, even from the President.
- Investigation: Has special power to investigate the executive departments. Impeachment tool helps to conduct investigation.
Committees of Congress: In USA, Committees are legislative panels established by the Congress to lessen the burden on the congress. Both houses have their own committees. These committees help both the houses in legislation, oversighting executive departments and suggesting measurements regarding bills and issues.
Committees in Lower House:
- Standing Committees
- Select/Special Committees
Committees in Upper House:
- Standing Committees
- Select/Special Committees
- Joint Committees
- Conference Committees
Election of American President: A President must be natural born citizen of USA, at least 35 years old and minimum resident of USA for 14 years. Candidates of the political parties are directly elected by the popular votes. Each state of the USA has electors with respect to their population. Total number of these candidates who win with majority votes in their constituencies and becomes members of the house of representatives for 2 years term is 435. Electoral college is comprised of both the houses (Senate and lower house) including 3 electors from Washington D.C. Hence total electors are 538. A candidate having majority votes (270 or more) becomes President.
American President term is four years, renewable once.
Impeachment: If a federal civil officer, vice-President or the President is alleged of high crime or misconduct. His impeachment is started in lower house. If lower house impeaches that person with a simple majority, then Senate sits as the final judge in impeachment. If Senate impeach that person with 2/3rd majority, then the convicted person leaves the office. If the alleged person is President of USA, then, the Senate presided by the Chief Justice for trial.
Law Making Process (Legislation): Any member of either of the the House can present a bill. After passing through different stages and thoroughly studying by the Committee of the House, it gets approved or rejected. In case of approval, the bill moves to the other House and the procedure is the same here. If the other House makes changes, it is returned back for final approval. The bill moves back and forth until it gets approval from both of the Houses. However, if either of the House rejects the bill, it dies. Moreover, in case of conflict between both of the Houses, a joint committee (Conference Committee) is called to reconcile. After approval from both the Houses, it becomes a law with the assent of the President. If the President doesn’t approve it within 10 days, it becomes a law. Otherwise, the President vetoes it. The veto of the President could be overturned with 2/3rd majority of the Congress.
Who is more powerful? British Prime Minister vs American President.
- Head of State: In Britain, head of state is Queen/Monarch/Crown, and head of government is PM. On the other hand, President of America is head of government and head of the state. Thus, American President is more powerful.
- Election: In UK party chooses the Prime Minister. Whereas, in America, people choose the President with popular vote. This makes American President more powerful.
- Legislative: British Prime Minister represents the majority party in the House of the Commons and thus is the head of the legislative body. American President does not involve in legislative procedure and does not attend the lower house meetings, but has equal powers to amend or pass the bill of his own choice by making changings to the bill with the help of Senate, and veto power. Thins makes PM and President of British and America equally powerful respectively.
- Executive: British PM shares some executive powers with the Cabinet members, but American President is the head of the executive body. He appoints and handle the executive body independently. This makes American President more powerful.
- Independent: British PM is not independent of the Cabinet members or the Crown. He has to win the confidence of the house of the Commons during his tenure. But American President has fixed tenure, can be impeached but very rare chances to be impeached. This makes American President Powerful.
- Veto: British PM has to follow the Cabinet guidance in all affairs and is not independent to act. If a law is not passed or a Cabinet member rejects the decision or he losses the vote of confidence in the house of the Commons, his government will be in danger. On the other side, American President has veto power, to reject a bill. No doubt, veto could be overwritten, but mostly it effects. This is the powerful tool in the hands of the American President.
- Impeachment: British Prime Minister has to secure his confidence in the Commons and tries his best that the bill he presents in the Commons, must be passed. Otherwise, his government will be dismissed. American President could be impeached for a high crime or misconduct, but very less chances to be impeached because 2/3rd majority’s approval is needed for his removal, which is rare possible. This makes the American President more powerful.
Conclusion: All above points proves the superiority of the American President over the British Prime Minister.
How Separation of Powers - Checks and Balances works in USA?
- Legislative (Congress): Can impeach president, civil officers and judges for their misconduct. Approves the appointment of judges. Gives approval to the treaties, meetings and appointments of the President. Can override a veto with 2/3rd majority in both houses.
- Executive (President): Can veto a bill. Appoints supreme court judges.
- Judiciary (Supreme Court): Judicial Review power.
Conclusion: Above discussion shows the upper hand of the Congress over all the departments. This is the good thing that the public elected representatives hold power more than other departments, which is a positive sign for a healthy democracy. This makes the checks and balances system, and the separation of powers suitable for American presidential system of government.