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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 5:00 PM

With a new Anti-Terror Act: Philippines take another step towards authoritarianism

On July 3, 2020, President of the Philippines, Rodrigo Duterte signed a new Anti-Terrorism Bill, which was rushed through the houses of Congress without appropriate discussion, and has amassed protests and disapproval within the nation and abroad since its draft was first announced.

The Confederation of Lawyers in Asia and Pacific (COLAP) has raised concerns that anti-terrorism bill of the Philippine government is “violative of human rights and the due process of the law.” It's statement opposing the the bill stated following concerns with the bill:

  1. It punishes suspected individuals for organizations who are proscribed as terrorists and that the very broad and vague definition of terrorism under the bill poses danger to the basic freedoms of the people.
  2. The suspect’s right to due process of law is virtually denied and the presumption of innocence until proven guilty by a court is virtually negated.
  3. It enable the President-backed Anti-Terrorism Council to label any individual or group as a terrorist “without the opportunity of being heard.
  4. Any member or sympathizer of a proscribed organization is punished as a terrorist even if he or she does not actually take arms against the government.
  5. The bill encroaches on one’s privacy as it gives the government access to personal and bank information and freezes bank accounts and assets.
  6. The bill violates the sovereign rights of states and the internationally mandated norm that criminal jurisdiction is confined to the territories of a state, citing its extraterritorial nature.

Hundreds of protestors took to the streets of Manila protesting the bill on 27th July when President Duterte gave his annual State of the Nation address. While it is true that the has nation faced the threat of terrorism in recent years, it is also agreed upon that Duterte’s response has been perhaps equally brutal.

This bill was also criticised by the Christian religious organisations which issued a joint declaration on this law. They stated “We are bothered by the broad and vague definition of terrorism and terrorist. It can include acts of dissent, free speech, right to assemble, right to organize, freedom of belief, among others. By such a broad definition it is open to abuse and misuse.”

An opposition Congress member, Edcel Lagman and two lawyer groups of Philippine approached the Philippine Supreme Court and asked it to strike down the new anti-terrorism law, or parts of it, as they called it unconstitutional for infringing on civil liberties.

The Philipino American Student Association (FASA) also denounced the new anti-terrorism law in its Instagram post which stated, “FASA sa UW denounces Duterte’s signing of the Anti-Terrorism Bill to which its terms do nothing to resolve the true terrorism in our nation and instead conducts an outright assault on the freedom of speech from our people living on the motherland and even Filipinx abroad,”

International Human Right organisation, Amnesty International’s Asia-Pacific Regional Director, Nicholas Bequelin, in response to this law said, “Under Duterte’s presidency, even the mildest government critics can be labelled terrorists. He further stated, “This law’s introduction is the latest example of the country’s ever-worsening human rights record. Once again, this shows why the UN should launch a formal investigation into ongoing widespread and systematic violations in the country.”

Prior to this, Duterte’s ‘war on drugs’ received global scrutiny, especially for the numerous extrajudicial killings that have occurred since he came to power and the effect of this aggressive policy on the poorest citizens of the nation.

Apart from this, he has also repeatedly voiced opinions in favour of martial law and silenced news media that spoke against him. But he seems to be encouraged largely by his own people, among whom Duterte continues to be popular.

Many have called Duterte the ‘revival’ of authoritarianism in the small Southeast Asian country, which has only recently seen some semblance of democracy after years of dictatorship under Ferdinand Marcos (of whom Duterte was a close family friend).

The Philippines is walking a thin line between fascism and democracy, and which side it ends up on depends not only on the actions of its government, but just as much on the actions of its people.

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