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Monday, June 22, 2020

US Legislature: Senate and House of Representative

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Aditi Mohta
Aditi Mohta
North America

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Article Contributor(s)

Aditi Mohta

Article Title

US Legislature: Senate and House of Representative

Publisher

Global Views 360

Publication Date

June 22, 2020

URL

The US Capitol, Washington

The US Capitol, Washington | Source: Gryffindor via Wikimedia

US Congress

Congress of the United States, the legislature of the United States of America is established under the Constitution of 1789. It is structurally separate from the executive and judicial branches of the government. The United States Senate is the upper House of the United States Congress, and the House of Representatives is the lower House of the United States Congress. Together, both these houses make up the legislature of the United States. Although the two chambers are separate for the most part, the House and Senate are equal partners in the legislative process, and the legislation cannot be acted without the consent of both chambers. Congress must assemble at least once in a year and must agree on the date of convening and adjourning. The decided time for convening, according to the Twentieth Amendment, is January 3. The House and the Senate vote the date for adjournment. Congress must also come together in a joint session to count the electoral votes for the President and the Vice President. 

United States Senate 

The United States Senate, the upper House of the United States Congress, was established in 1789 under the Constitution. Each state elects two senators for six years. One-third of the Senate membership expires every two years. It is hence also nicknamed as “the house that never dies”. The role of the Senate is to provide equal representation to each state regardless of their size and population. Washington, D.C. houses the chamber of the United States Senate. Election to the Senate was indirect up till 1913 and changed to direct election by the Seventeenth Amendment. The Senate shares responsibility with the House of Representatives for law-making within the United States of America. 

The Senate has exclusive powers which are not granted to the House of Representative. The powers include the authority to consent to treaties before giving it for consent, confirming the appointment of -- Cabinet secretaries, federal judges and executives, military officers, regulatory officials, ambassadors, and other federal uniformed officers. The Senate is also responsible for trying federal officials that have been impeached by the House.

The qualifications for Senators are as follows:

  1. They must be at least 30 years old. 
  2. They must have the citizenship of the United States of America for at least nine years.
  3. They must be an inhabitant of the state they are representing. 

House of Representatives

The House of Representatives is the lower House of the United States Congress which was established in 1789 by the Constitution of the United States. It shares equal responsibilities of law-making with the Senate. The House is designed to give a voice to people of every local voting region of America. Members of the House stand for reelection every two years. Each state is split into districts and each district votes for one representative. The number of districts depends on the population of each state. The candidate with the most number of votes wins the seat in the House, and the party with the most number of seats takes control.

The primary responsibility of the House is to pass federal legislation that affects the whole country. For the bill to become a law the Senate has to agree and the United States President has to finally sign it. The House, like the Senate, has special powers too. These include the power to initiate revenue bills, to impeach officials, and to elect the President in case there is no majority in the Electoral College.

The House is organised in the committee system, under which the membership is divided into specialised committees like committees for holding hearings, preparing bills for the consideration of the entire House, and regulating the House procedure. The member of the majority party chairs these committees. Almost all bills are first referred to the respective committee. There are approximately 20 permanent committees, each having subcommittees. 

The qualifications for members of the House are:

  1. They must be at least 25 years of age.
  2. They must be a U.S. citizen for at least seven years. 
  3. They do not need to reside in the constituency that he represents.

Articles that were referred to:

  1. https://www.whitehouse.gov/about-the-white-house/the-legislative-branch/#:~:text=The%20Senate%20maintains%20several%20powers,confirmation%20of%20the%20Vice%20President.
  2. https://www.britannica.com/topic/House-of-Representatives-United-States-government
  3. https://www.congress.gov/help/learn-about-the-legislative-process/how-our-laws-are-made
  4. https://courses.lumenlearning.com/boundless-politicalscience/chapter/the-nature-and-function-of-congress/

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February 4, 2021 4:45 PM

COVID-19 and Hungary’s steep slide towards Authoritarianism

The Hungarian Prime Minister, Viktor Orban, has used the pandemic of coronavirus to turn Hungary into an authoritarian system. This undermines the fundamental principles of democracy and rule of law in a way that is hard to reconcile as necessary for public health. On 30th March 2020, the Hungarian government passed a bill in the parliament which approved granting his government emergency powers.

Critics have said that the emergency of the coronavirus pandemic has turned Hungarian democracy into a dictatorship. This bill, which turned into a law, diminishes the Parliament’s check on the executive power. This means that elections and referendums will be delayed indefinitely.

Political commentator Zoltan Cegledi told BIRN, “Hungary’s already run as an illiberal democracy, the government’s will to destroy, limit and exhaust democracy is permanent. Its future victims will be the remnants of autonomy. Even before the pandemic threat, they [the government] tried to besiege cultural institutions and representatives while attacking judicial independence.”

The legislation under the law also allows up to five years of imprisonment for anyone who publishes false or misleading information that alarm or agitate the public or undermine the government’s “successful protection”. This also means that it is easy for the executive powers to jail the journalists for doing their job. Political Capital Institute, a Budapest-based think tank also wrote “The remaining checks and balances in Hungary will cease to exist and the country will likely witness a new wave of attacks against the free press,” while analysing the bill.

Crucially, the Bill on Protection Against Coronavirus, now a law, does not have any sunset clause. This means the law allows the government to decide when (or if) to end the state of emergency. Hungary’s democratic opposition said that even though they had concerns over a number of elements in the bill, they were willing to overlook it in the emergency situation as long as the sunset clause was introduced. However, the ruling party had made it clear that it was not willing to back down over the sunset clause.

Lydia Gall, a senior researcher at the Human Rights Watch said that Orban had already “weaponized coronavirus to stoke xenophobia” after claiming that coronavirus was imported to Hungary by Iranian students.

The question now arises is why Orban is doing this? There are two reasons. One, this labels the opposition as the “supporters of the coronavirus”, instead of supporters of the people, which will win his government the political debate in advance. Two, Orban sees this as the perfect time for a power grab. Every country is dealing with how to save the lives of its citizens and avoid a total economic collapse- this makes the country more inward-looking, which means that the foreign policy, in general, becomes less important and human rights and the rule of law in other countries become issues of less importance for most politicians and citizens, even though that should not be the case. When there is a death threat, the citizens of a country have a more narrow view. This is how Orban’s strategy of a power grab would work perfectly in the time of an emergency like a pandemic. Rights groups and government critics have said that while it is clear that coronavirus brings extraordinary challenges, there need to be checks and balances in place for the government, especially given Orban trying to challenge the democracy of Hungary since the past ten years since he has been in power.

Orban is not alone in seeing the pandemic as an opportunity to invoke emergency powers and turn a democratic state into an authoritarian one. But this enabling act represents his latest step along the autocratic path he embarked on a decade ago.

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