Comparing parliament and congress Flashcards
Comparing SoPs
Congress more powerful
Parl. is dominated by executive branch, so is less able to control legislation or restrict the executive
Con. is not dominated, exec. is elected separately. President lacks patronage power and may lack a congressional majority.
Congress is a more active law-maker than parliament
However, much depends on which party is in power. Aggressive/ passive congress is dependent on the president’s majority or minority in both chambers
Comparing checks and balances
Congress more powerful
US Constitution places stronger checks on Congress
Ratification of treaties, declaring war lies with Congress
Royal prerogatives gives those powers to the PM. Executive appointments are not subject to parliamentary approval
However, conventionally the PM does take these things to vote (ref. parl. majority)
Comparing powers of second chambers
Congress more powerful
Congress has a lot of power over executive. Two equally powerful chambers, with significant. checks on president, making restrictions on the executive branch much more successful
The Lords is a relatively weak legislative body, revising chamber
However, a resurgence in the lords, with a more aggressive chamber based on greater legitimacy after the removal of hereditary peers. Short-term increase in power during the coalition gov. as the Salisbury convention was effectively suspended (blocking of financial bill)
Comparing location of sovereignty
Parl. is more powerful
Parliamentary sovereignty means that parl. is more powerful than congress. Parl. can make constitutional laws at will, so it can more easily project its power throughout the UK system
Parl. can enact major constitutional change, leaving the EU, removing the HRA, devolved powers
Congress is constrained by the SC and the Constitution. It cannot overturn judicial decisions or alter fundamental constitutional practices unilaterally
Comparing imperial presidency
Constitutional restraints on president fail, Congress has lack of control over policy. Presidential use of executive order, signing statements, and executive agreements all have the effect of bypassing Congress, allowing president to act unilaterally.
President can act similarly to PM. Cabinet limits PM.
Comparing bicameralism
The supremacy of the Commons means parl. can act decisively and exercise power, exert influence within the system as a whole
The equal nature of the two legislative chambers can weaken rather than strengthen their power. If there’s conflict within Congress, with the House and the Senate disagreeing over policy, it may be unable to act
Strengths of representation in Congress and Parliament
Congress- separate elections from executive, frequent elections, SoPs, Complementary representation of two years (delegates) and six years (trustees)
Parl.- Elected commons is responsive to public opinion, and a mandate from the people
Complementary representation, Commons can consider opinions, Lords can consider best interest through a more reasoned view
Strengths of legislation in Congress and Parliament
Congress- powerful legislative body, able and willing to restrict executive proposals
Proactive in initiating legislation
High quality legislation is detailed due to levels of scrutiny, especially in powerful committees in both chambers
Parl.- Scrutinise and block bills providing quality legislation. Gov majority and influence in parl. makes it efficient, passed and agreed in timely fashion
Strengths of checks in Congress and Parl.
Congress- high levels of checks on. the executive due to SoPs and checks and balances
Congress can declare war, remove a president from office and ratify treaties and appointments (Senate)
Parl.- Effective cheeks on exec. through voting on legislation, select committees and question time.
Can remove a failing gov. through vote of no confidence
Checks are not excessive, allowing for strong, effective gov.
Strengths of lower chambers in representation
House- Two year terms and SoPs leads to high sensitivity to public opinion
Commons- Elected chamber with a tradition of MPs representing all constituents regardless of who they voted for
Strengths of the upper chambers in representation
Senate- Representative due to SoPs
Six year terms allow for Senators to take a more rational/ long-term view of public interests
Lords- Serves the interests of the people because it can use its own judgements
Not strongly affected by the gov., patronage, whips and therefore can represent the people off gov. carry out unpopular/ undesirable policies
Strengths of upper chambers in legislation
Senate uses just general strengths of legislation
Lords- Lords influence over legislation via their ability to delay/ amend bills
Expertise gives authority over legislative matters
Strengths of upper chambers in checks
Senate- specialist function of removal from office after impeachment
Lords- Expertise gives authority in scrutinising gov actions and policies
Limits to checks (eg not blocking bills) ensures scrutiny but not weak gov.
Weaknesses of Congress and Parliament in representation
Congress- FPTP means lack of voter choice and safe seats
The party with the most votes does not necessarily get the most seats
Parl.- same, bout with votes and seats disproportionately
Weaknesses of Con./Parl in legislation
Con- Power is shared in Congress, making it extremely difficult to pass legislation
Some procedures such as pro barrel politics is undesirable
Parl.- is mainly a reactive body considering gov. proposals with limited significant initiation of bills.
Has fairly limited ability and willingness to challenge gov. proposals
