U.S. Congress: Upper and Lower Chambers and Their Representatives - Essay Sample

Introduction

The United States congress has two houses, the Senate, also referred to as the upper chamber, and the House of Representative also referred to as the lower chamber. The lower chamber consists of representatives from all states, who are elected every two years. Each state is entitled to at least one representative, with the number of representatives depending on the population of the state. The upper chamber consists of two representatives from every state. Senators face re-election after every six years, where elections are scattered that a third of the members face elections after every two years (Lasswell). The most important function and power of Congress are to make law, as stated in the constitution. For a bill, or a proposed law to become law, it has to be agreed on by both chambers and approved by signing into law by the president. The two chambers also have more responsibilities and functions, as will be discussed in this paper.

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The constitution has mandated congress with various powers and responsibilities. The house of representatives currently consists of 435 members, who represent specific districts in the various states (Green & Harris). They do not represent the states like the senators and face elections every two years. This makes them closer to the people. The constitution has charged the house with one of the most important tasks to raise revenue through taxation. The house also has the power to initiate impeachment. If a president, vice president, or a civil official like the judge is involved in gross misconduct, the house can call for impeachment, which is forwarded to the Senate where they decide whether the person in question should be convicted. The house also has the power to propose, originate, or amend a bill (Rosenbloom 81). The committee system of the house helps with the running of various functions such as preparation of bills, regulating procedures, and holding hearings. The committees are mandated to oversee the house control over the government. It is through the committee where officials of the government agencies are summoned to explain policy change or budgets. Finally, the house has the power to punish its members for disorderly behavior and can expel a member if two-thirds of the members support expulsion.

On the other hand, the Senate has 100 members, with each state being represented by two Senate members despite the population. Senators represent the interest of their respective states, unlike the house of representative members who represent the interest of the people. As earlier stated, Senate members face an election every six years. Elections happen after every two years, where only a third of the members face election each time. The members of the Senate can impeach a government official, including the president. Senate is the only branch of the house that can conduct an impeachment trial, acting as both the judge and jury. The members are also supposed to give consent and advice on the president's nominees for various capacities such as ambassadors, judges of the supreme court, public ministers, and public officers of the country. Another major function of the Senate is the power to approve or revoke treaties made by the government (Lasswell). The members may also amend or make changes on a treaty. However, in some cases, the president has the power to make some treaties with foreign nations without the approval of the Senate. Senate has the power to determine its rules of proceeding and can punish members in case of misconduct. A censure is a form of punishment used by the upper branch to punish its misbehaving members. Finally, Senate members can block a legislation, through ending a debate if two-thirds of the members agree. The process for delaying or ending debates is called filibuster and cloture.

The two chambers are organized and led differently. After every election, the party that wins most of the seats in either of the houses is termed the majority, while the other is designated the minority. In the house of the representatives, the majority party holds most of the leadership position, including the leadership of the house post, the speaker. After the elections, the members meet to elect their leader through majority votes. The speaker and the majority leader are selected in the first session of the house. However, most leaders are selected during the leaders meeting before the first session (Rosenbloom 84). The speaker is the leader and most powerful member of the house. He/she presides over the sessions, appoints other party leaders, and refers to which committee are taken by various committees. The speaker also acts as the spokesperson of the chamber. The majority leader and minority leaders are the spokesperson of the parties and help the speaker on various legislative activities. The Senate has a presiding officer who oversees the floor action. The constitution designates the vice president as the Senate president, but only votes in case of a tie. The majority leader is considered the most powerful member of the Senate and with the assistant of the help of the Senate minority leader manage the schedule of the Senate. Senate whips are in charge of the chamber in the absence of majority and minority leaders. They are also responsible for unifying votes and strategizing for legislation passing (Meinke).

The congress is made up of two chambers. The house of representatives is made up of representatives from different states, with the number of representatives depending on the population of the state's residents. The Senate is made up of two representatives from each state. Both chambers share the responsibility of making law. The party with the most members has an advantage in that they take most of the leadership positions, including the speaker, who is considered the third in the line of leadership after the president and vice-president.

Judicial Activism

The supreme court is a branch of the government that plays a vital role in the running of the country. In the past, the court has either stopped or upheld a bill, weighed in in matters elections disputes, and contributed in the decision making of matters affecting the country. It is expected that the court should be nonpartisan and a not lean on any political side (Schacter 214). However, in several cases, the court has been accused of judicial activism. Judicial activism is a term that was coined in 1947 by Arthur Schlesinger to describe a scenario where a judge makes a ruling not based on previous constitutional interpretations or legal precedents, rather based on favoring a political view. The term can also define the act of a judge overturning a previously made decision. Judicial activism definition depends on the interpretation of the constitution made by the judge (Keena 26).

The most commonly used example of judicial activism is the Brown v. Board of Education of 1954, where the court unanimously voted that racial segregation in the Americans public schools are unconstitutional. Another example is the Bush v. Gore of 2000, where the supreme court voted five against four to stop the recounting of election votes, declaring Bush as the president. In the most recent past, the court declared same-sex marriage as a right in the Obergefell v. Hodges case in the year 2015. Currently, the debate over supreme court independency has been on the rise (Keena 31). In the gerrymandering case, where the Republicans have used the techniques for political gain, the court could not stop them. This will help the parties, through politicians draw electoral districts, thus keeping them in power indefinitely. The chief justice, John Roberts, in defense of the 5-4 court ruling, stated that the issue was beyond the reach of the court, and the judges could not term it as unconstitutional (Schacter 214). The decision has made most people believe that the court is politically inclined, making it partisan.

The supreme court is a vital branch of the government that acts as a guardian of the country's constitution. It is a vital organ in running the country, with its decisions affecting even the most important matters in the country. Therefore, the court is not supposed to serve an individual's interest or make rulings in favor of a political party. However, the supreme court judges are politically appointed, given that the president and congress members are politically affiliated. The court has been in several cases accused of inclining towards favoring political agendas.

Work Cited

Green, Matthew N., and Douglas B. Harris. Choosing the Leader: Leadership Elections in the US House of Representatives. Yale University Press, 2019.

Keena, Alex, et al. "Gill v. Whitford on partisan gerrymandering." SCOTUS 2018. Palgrave Macmillan, Cham, 2019. 25-37.

Lasswell, Harold D. Power and society: A framework for political inquiry. Routledge, 2017.

Meinke, Scott. Leadership organizations in the House of Representatives: Party participation and partisan politics. University of Michigan Press, 2016.

Rosenbloom, David H. "3a. Public Administrative Theory and the Separation of Powers." The Constitutional School of American Public Administration. Routledge, 2016. 78-94.

Schacter, Jane S. "Putting the Politics of "Judicial Activism" in Historical Perspective." The Supreme Court Review 2017.1 (2018): 209-272.