Composition powers and functions of the senate under the USA constitution

 

Composition, powers and functions of the senate under the USA constitution.

1) Introduction

The senate is one of Congress's two chambers, and part of the federal government's legislative branch. The legislature of the United States is called congress, the bicameral body. The upper house is called the Senate and lower house is called the House of Representatives and the main function of the congress is to make law. The number of voting senators in the senate is fixed by law and no more than 100, as well as they all are representing to their own states from which they belongs

2) Composition of congress

Article 1 sec 1 of the U.S constitution shows that congress is a bicameral body. It consists of two houses

1) Senate
2) House of Representatives
3) Composition of senate

The senate is the upper chamber of the United States Congress. The composition and powers of the senate are established by Article 1 of the United States Constitution. It is popular chamber of congress and more powerful than house of representatives

I. Number of members

The senate consists of 100 members on the basis of two senators from each of the states. These are direct elected members of the state and are senior politicians of the state

II. Term of senate

The term of senators is six years but one third of them retire after every two years

III. Senate a continuous body

Senators are chosen for six year and one third out of them gets retire after every two years and only one third are re-elected that’s why senate is continuous body because two third members always remain occupied on their seats and senate has been organized since 1789

4) Qualifications and election of senators

1. Qualification

Following are the qualifications of a senator 

I. Age

A candidate must not be less than 30 years of age. Otherwise he will not be elected as senator

II. Citizenship

A candidate must be the citizen of the U.S.A for nine years

III. Residence

A candidate must be resident of the state from which he has been elected as senator

2. Elections of senators

Old method

It was constitutionally decided that senators should be chosen by the legislature and this method was active until 1913, then this method was changed by constitutional amendment

After seventeenth amendment

After 17th amendment, government of the state will elect two members from his state in order to appoint them as senator

5) Presiding officer of senate

According to the U.S constitution, the vice president of the united states is the presiding officer of the senate

6) Committees of senate

The Senate is divided into a number of committees. And each committee performs different functions of the senate. All issues before the senate are referred to the relevant committee for opinion and resolution

7) Powers and functions of senate

Following are the powers and functions of the senate

I. Legislative powers

a) Amendments

The Senate has power to amend the constitution. Senate can amend any law by its two third majority

b) Initiation of bills

Some important bills which only can be initiated by senate then forwarded to the house of representatives 

c) Rejection of bills

The Senate has overall powers to reject any kind of bill without consent of any other. No one can interfere with senate in this regard

II. Executive powers

a) High appointments

All high ranked official’s appointments are subject to the consent of the senate and are advised by the senate

b) Aid and advice the president

Senate gives aid and advice to the president in all official affairs among the state

c) Internal administration control

Furthermore, the senate controls the internal administration of the country. And interferes in all administrative matter in the state

III. Control over foreign affairs

a) Ratification of treaties

All treaties are being made on the name of president but ratification or approval of senate is necessary in this regard

b) Foreign policies

Senators have power to make foreign policies of the country and guide the government in foreign affair

IV. Judicial power

a) Court of impeachment

Senate is court of impeachment and in this regard senate has power to impeach president, vice president and other officials of the country

b) Appointment of judges

The judges of the supreme court are appointed with the consent of senate by president

V. Electoral power

Senate has power to elect someone for presidential post when no candidate gets votes in majority 

VI. Investigative powers

The Senate has investigative powers. Senate appoints a committee in order to search or find the purpose for the better administration of justice

8) Senate, the powerful chamber of the world

1. Reason why the senate is powerful?

I. Direct executive powers

Senate is only legislation authority in the world which has direct executive powers

II. Small membership

The number of members of senate is very less which is consisted on only 100 members

III. Long tenure

The tenure of the chamber is long because all senators are elected for the term of 6 years

IV. Senior politicians

The senators are the senior politicians of the state as well as the country

V. Direction election

It is constitutionally stated that Senators are directly selected by the people of the country


VI. Freedom of speech

The senators have freedom of speech. A senator can speak as long as he wants on the issue under consideration. There is no time limit upon them

VII. Absence of parliamentary government

There is no Parliament in the U.S system which makes the senate more powerful

VIII. Court for impeachment

Senate is court of impeachment and in this regard senate has power to impeach president, vice president and other officials of the country

IX. Unity

A very strong unity between the members of the senate makes them more powerful 

X. Representatives of the people

The senate is the representative of the people in the U.S.A

XI. Representatives of the states

Each and every senators represents his state in the senate because members of the senate are elected on the basis of entire population of the state

XII. Special powers

Senate has special powers which makes it more powerful , emergency powers are one of those powers which have been vested in senate

XIII. Double role

Senate plays double role in U.S.A a lot of matter which are resolved by president and senate

XIV. Continuity of membership

American senate is permanent organ, its term is 6 years and it never dissolved as a whole

XV. Committees of investigation

The senate is empowered to appoint committees of investigation in order to control administrative issues of the country

9) Conclusion

Today the American senate is the most powerful legislative authority in the world. The senate has been created for the protection of the interest of the people of the U.S.A. Senate is the most powerful chamber of the congress


Ikyan Shah (Advocate High Court)
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+92-302-6111222
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