1

Assignment On

Course No: LLB - 301
Course Title: Comparative Constitution

Submitted To
Saeed Ahsan Khalid
Lecturer
Faculty of Law
University of Chittagong

Submitted By
Md. Harun Ar Rashid
Leader,
On behalf of
Florida Group
3
rd
Year, 19
th
Batch
Department of Law
University of Chittagong

Date of Submission: February 22, 2014

2



Acknowledgement:

I gratefully express my heartfelt gratitude, profound respect
and immense indebtedness to my reverend teacher Saeed
Ahsan Khalid, Lecturer, Faculty of Law, University of Chittagong,
for giving this assignment named United State Congress. I am
also gratitude to the respondents all of my group Members
who have helped me to prepare this assignment. I have known
about the United State Congress and its two Chambers Senate
and House of Representative preparing this assignment. It was
the great opportunity for me and my group members to know
the every ins and outs about the United State Congress.






3








Group Members

ID Name
11501023 Md. Harun Ar Rashid (Leader)
11501038 Farzana Tabassum Mary (D. Leader)
11501024 Israfil Hosen Sweet
11501027 Md.Jamal Uddin
11501028 Md. Abul Kalam Majumder
11501021 Eakub Ali Forazi
11501025 Yusuf Ali
11501022 Md. Zahedul Islam
11501026 Md. Rakib Hassan
Department of Law
3
rd
Year, 19
th
Batch
University of Chittagong



4








TABLE OF CONTENTS
1 Introduction

2 United States Congress
3 Present US congress at a glance
4 The United States Senate
i) Terms of Senate
ii) Qualifications to be a member of Senate
iii) When a member is disqualified
iv) Elections
v) Mid-term vacancies
vi) Current party standings
vii) Composition of US Senate
viii) Presiding over the Senate
ix) Committees of Senate
x) Powers and Functions of Senate
5 Sessions of Senate or Congress
6 Present Senate at a glance
7 The House of Representative
i) Composition of the House
ii) Qualifications and Limitations to be Member
iii) Elections and Terms
iv) Members of the House
5

v) The Speaker

vi) Powers and Functions

8 Salary and benefits
9 Expulsion and other disciplinary actions
10 Conclusion

References


6

Introduction:
The Congress of the United States is the highest lawmaking body in the United
States and one of the oldest national legislatures in the world. Established under
the terms of the U.S. Constitution in 1789.Between 1774 and 1789, the Continental
Congress served as the federal lawmaking body for the 13 American colonies and
(after it passed the Declaration of Independence on July 4, 1776) the United States.
The Constitution created a bicameral national legislaturethat is, a Congress
composed of two separate chambers, the Senate and the House of Representatives.
The Senate, called "the upper house," is smaller currently 100 seats and its
members serve longer terms six years. Each state, no matter how large or small,
has equal representation (two seats each) in the Senate. The House of
Representatives "the lower house," is much larger (currently 435 seats) and its
members serve much shorter terms two years. Representation in the House is
proportional to population, so larger states receive many more seats than do
smaller states. Both houses have certain unique powers and responsibilities, but for
the most part, the House and Senate work in parallel. That is to say, senators and
congressmen perform broadly similar functions in the national government. Both
houses have to pass any piece of proposed legislation for it to become law. The
House and the Senate are arguably redundant institutions.
United States Congress
The United States Congress is the bicameral legislature of the federal
government of the United States consisting of two houses: the House of
Representatives and the Senate. Congress meets in the Capitol in Washington,
D.C. Congress must assemble at least once a year and must agree on the date for
convening and adjourning. The date for convening was set in the Constitution as
the first Monday in December; however, in the Twentieth Amendment to the
Constitution the date was changed to January 3. The date for adjournment is voted
on by the House and the Senate.
Congress must also convene in a joint session to count the electoral votes for the
president and vice president. Although not required by the Constitution, joint
sessions are also held when the president or some visiting dignitary addresses both
houses.
7

The term of Congress extends from each odd-numbered year to the next odd-
numbered year. For its annual sessions, Congress developed the committee system
to facilitate its consideration of the various items of business that arise.
At the beginning of a session, the president delivers a State of union address,
which describes in broad terms the legislative program that the president would
like Congress to consider.
Although the U.S. Supreme Court has no direct relations with Congress, the
Supreme Courts implied power to invalidate legislation that violates the
Constitution is an even stronger restriction on the powers of Congress than the
presidential veto. Supreme Court and federal court decisions on the
constitutionality of legislation outline the constitutional framework within which
Congress can act.
Both representatives and senators are chosen through direct election. Members are
affiliated to the Republican Party or to the Democratic Party, and only rarely to
a third-party or as independents. Congress has 535 voting members: 435
Representatives and 100 Senators.
The members of the House of Representatives serve two-year terms representing
the people of a district. Congressional districts are apportioned to states
by population using the United States Census results, provided that each state has
at least one congressperson. Each state regardless of population has exactly two
senators; at present there are 100 senators representing the 50 states. Each senator
serves a six-year term, with terms staggered, so every two years approximately
one-third of the Senate is up for election.
The legislative powers of both the Upper and Lower Chambers are co-equal,
except that a money bill can only originate in the House of Representatives. But in
effect the senate is more powerful than the house. The senate enjoys certain
executive and judicial powers which the House does not. The senate is not only
more powerful than the House but also the most powerful second Chamber in the
world.


8

Present US congress at a glance


113th United States Congress




Duration: January 3, 2013 January 3, 2015

Senate President: Joe Biden (D)
Senate Pres. pro tem: Patrick Leahy (D)
House Speaker: John Boehner (R)
Members: 100 Senators
435 Representatives
6 Non-voting members
Senate Majority: Democratic Party
House Majority: Republican Party

Sessions
1st: January 3, 2013 December 26, 2013
2nd: January 3, 2014 present
9

1. The United States Senate
The United States Senate is a legislative chamber in the bicameral legislature of
the United States of America. First convened in 1789, the composition and powers
of the Senate are established in Article One of the U.S. constitution. Each U.S.
States is represented by two senators, regardless of population.
The United States has had 50 states since 1959, thus the Senate has had 100
senators since 1959. Each state contains two members of the Senate for six-year
terms. The terms of about one-third of the Senate membership expire every two
years, earning the chamber the nickname the house that never dies.
Before the Seventeenth Amendment of the Constitution in 1913, senators were
elected by the individual State legislature. However, problems with repeated
vacant seats due to the inability of a legislature to elect senators, intrastate political
struggles, and even bribery and intimidation gradually led to a growing movement
to amend the Constitution to allow for the direct election of senators. They are now
elected directly by voters of each state.
If there happen any vacancies in the representation of any State in the Senate, the
executive authority i.e. Governor of such State shall arrange a new fresh election to
full such vacancies. Provided that the legislature of any State may empower the
executive thereof to make temporary appointments until the people fill the
vacancies by election as the legislature may define.
Terms of Senate
Senators serve terms of six years each; the terms are staggered so that
approximately one-third of the seats are up for election every two years. This was
achieved by dividing the senators of the 1
st
Congress into thirds (called classes),
where the terms of one-third expired after two years, the terms of another third
expired after four, and the terms of the last third expired after six years. This
arrangement was also followed after the admission of new states into the union.
The staggering of terms has been arranged such that both seats from a given state
are not contested in the same general election, except when a mid-term vacancy is
being filled. Current senators whose six-year terms expire on January 3, 2015,
belong to Class II.
The Constitution set the date for Congress to conveneArticle 1, Section 4, and
Clause 2 originally set that date for the third day of December. The Twelfth
Amendment, however, changed the opening date for sessions at noon on the third
10

day of January, unless they shall by law appoint a different day. The Twentieth
Amendment also states that Congress shall assemble at least once in every year and
allows Congress to determine its convening and adjournment dates and other dates
and schedules as it desires. Article 1, Section 3 provides that the President has the
power to convene Congress on extraordinary occasions at his discretion. The terms
of about one-third of the Senate membership expire every two years, earning the
chamber the nickname the house that never dies.
Qualifications to be a member of Senate
The Constitution lists three requirements for any individual wishing to become a
US Senator. A Senator must:--
1. be a US citizen for at least nine years when elected to the Senate.
2. be at least 30 years of age.
3. be inhabitants of the states they seek to represent at the time of their election.
The US constitution provides it by the Section 3 i.e.-
Clause 3: No Person shall be a Senator who shall not have attained to the Age
of thirty Years, and been nine Years a Citizen of the United States, and who shall
not, when elected, be an I nhabitant of that State for which he shall be chosen.
Obviously, these are just the legal requirements. Typically, a US Senator has had
previous political experience before being elected, A filing fee and A petition with
a minimum number of valid signatures though this is definitely not a requirement.
When a member is disqualified:
In fulfillment upper any conditions as well as they must not be holding any office
of profit under the Government of the United States.
Elections
Elections to the Senate are held on the first Tuesday after the first Monday in
November in even-numbered years, Election day, and coincide with elections for
the House of Representatives. Senators are elected by their state as a whole. In
most states (since 1970), a primary election is held first for the Republican and
Democratic parties, with the general election following a few months later. Ballot
access rules for independent and minor party candidates vary from state to state.
11

The winner is the candidate who receives a plurality of the popular vote. In some
states, runoffs are held if no candidate wins a majority.
Mid-term vacancies
The Seventeenth Amendment requires mid-term vacancies in the Senate to be
filled by special election. If a special election for one seat happens to coincide with
a general election for the state's other seat, each seat is contested separately. A
senator elected in a special election takes office as soon as possible after the
election and serves until the original six-year term expires (i.e. not for a full term).
The Seventeenth Amendment also allows state legislatures to give their governors
the power to appoint temporary senators until the special election takes place. The
official wording provides that "the legislature of any State may empower the
executive thereof to make temporary appointments until the people fill the
vacancies by election as the legislature may direct."
The temporary appointee may run in the special election in his or her own right.
Current party standings:
The party composition of the Senate during the 113th Congress (since the October
31, 2013 swearing-in of Democratic Sen. Cory Booker):
List of current United States Senators:







(The 113th United States Congress will run from January 3, 2013 to January 3,
2015.)

Affiliation Members
Democratic Party 53
Republican Party 45
Independent 2
Total 100

12

Composition of US Senate
The U.S.A. is now a federation of 50 States and the Senate represents all the States
send two Senators irrespective of its size and population. The senate constitutes
100 Senators.
Presiding over the Senate:
The Vice President of the United States is the ex officio President of the Senate,
with authority to preside over the Senate's sessions, although he can vote only to
break tie. For decades the task of presiding over Senate sessions was one of the
vice president's principal duties. Since the 1950s, vice presidents have presided
over few Senate debates. Instead, they have usually presided only on ceremonial
occasions, such as joint sessions, or at times when a tie vote on an important issue
is anticipated. The Constitution authorizes the Senate to elect a president pro
tempore (Latin for "president for a time") to preside in the vice president's
absence; the most senior senator of the majority party is customarily chosen to
serve in this position. Like the vice president, the president pro tempore does not
normally preside over the Senate, but typically delegates the responsibility of
presiding to junior senators of the majority party, usually in blocks of one hour on
a rotating basis. Frequently, freshmen senators (newly elected members) are asked
to preside so that they may become accustomed to the rules and procedures of the
body.
The respective matters are available in the US constitution by the Section 3 i.e.
Clause 4: The Vice President of the United States shall be President of the
Senate, but shall have no Vote, unless they are equally divided.
Clause 5: The Senate shall chuse their other Officers, and also a President pro
tempore, in the Absence of the Vice President, or when he shall exercise the Office
of President of the United States.
Committees of Senate:
There are 20 main committees and 68 subcommittees in the U.S. Senate. There are
also several joint committees with the U.S. House of Representative. In general,
the committees have legislative jurisdiction, with specific topics dealt out to the
subcommittees. The majority party chairs and receives the most seats on
13

committees. However, senators are limited to the number of committees they may
take part in. Each of which performs a particular function of the senate. Some most
important committees are on finance, appropriation, foreign relations, judiciary and
inter State Committee. All issues before the Senate are referred to the relevant
committees for opinion and advice. A senator cannot be the member of more than
two committees simultaneously.
Powers and Functions of Senate
The Senate enjoys extensive legislative, financial, executive, judicial and
miscellaneous powers. These may describe under following heeds:
A - LEGISLATIVE POWER
1) The right to propose legislation:
Senators have the same authority as Representatives to propose legislation, with
two exceptions. The Constitution states that all revenue bills must originate in the
House of Representatives. The House of Representatives traditionally has insisted
in this constitutional provision also requires that appropriation bills originate in the
House.
2) Right of amendment:
Senators may amend all bills, including revenue and appropriation bills.
Furthermore, Senators usually may propose amendments in plenary sessions that
are unrelated to the subject of the bill that the Senate is considering. This right
enables Senators to initiate revenue and appropriation proposals, even though these
proposals are presented as amendments to bills that the House of Representatives
already has passed.
B - EXECUTIVE POWERS
1) I nternational treaties:
The Senate has the exclusive constitutional power, by a two-thirds majority of the
Senators present and voting; to authorize the President to ratify a treaty that has
been negotiated on behalf of the United States. If legislation is required to
implement a treaty that the President has ratified after receiving the advice and
consent of the Senate, both houses of Congress must approve that legislation
14

2) Nominations:
The Senate also has the exclusive constitutional power to confirm, by simple
majority vote, the nomination of persons whom the President has nominated to
high executive and judicial positions, including cabinet secretaries, ambassadors,
and federal judges. The House of Representatives is not involved in the
confirmation of nominations.

C- JUDICIAL POWERS
1) Impeachment:
The Senate tries all cases in which the House of Representatives has impeached an
official of the Federal Government i.e. the President, Vice- President, Judges and
other federal officials for the purpose of removing that official from office.
To convict an impeached official requires the vote of two-thirds of the Senators
present and voting.
When the President has been impeached, the Chiefs Justice of the United States
presides over the trial in the Senate.
2) Appointment:
With the consent of the Senate Judges of the Supreme Court are appointed by the
President. Thus, the Senate has a lot of judicial patronage.
D-ADMINISTRATIVE FUNCTIONS
The President and his principal subordinate no doubt, actually direct and supervise
administration but it is Congress which creates all the administrative Departments
and agencies. The Constitution does not say anything about their organization. The
form, the organization and the powers to be exercised, by the administrative
Departments are all defined by Acts of Congress. And, then Congress provides
money for carrying on their activities.
E- INVESTIGATION POWERS
The Senate, like the House of Representatives, may establish special investigative
committees. In addition, the standing committees of the Senate are authorized to
conduct investigations of matters within their respective jurisdictions.
15

Congressional investigations help to make administration accountable. Congress
can frame a committee to investigate a matter of impeachment against a President.
Generally such a committee is framed to investigate the qualification and
disqualification of a member of Congress. Standing and special investigative
committees have the authority to issue subpoenas that require a person to appear
before the committee and, if necessary, to produce documents.
F- Miscellaneous Powers
a) The Senate shares with the House of Representative the power to propose
amendments to the constitution.
b) The Senate decides the Vice-President, election when no candidate gets an
absolute majority of votes in the election and elects one out of the two
candidates securing highest votes.
SESSIONS OF SENATE OR CONGRESS
A) ORDINARY SESSIONS
At least one session a year beginning at midday on 3
rd
January of each year, unless
Congress enacts a law that sets a later date. During 2001, the Senate met for 1,114
hours on 159 days.
Neither the Senate nor the House of Representatives may adjourn for more than
three days without the prior consent of the other chamber. On some days the
Senate meets very briefly in pro forma sessions at which no business is conducted.
B) EXTRAORDINARY SESSIONS
The President has the constitutional authority to convene the Senate or both houses
of Congress in exceptional circumstances. This power rarely is exercised.


16

Present Senate at a glance

Type
Type Upper house of the United States Congress
History
New session started January 3, 2013
Leadership
President Joe Biden, (D)
Since January 20, 2009
President pro tempore Patrick Leahy, (D)
Since December 17, 2012
Majority Leader Harry Reid, (D)
Since January 4, 2007
Minority Leader Mitch McConnell, (R)
Since January 4, 2007
Structure
Seats 100

Political groups Majority (55)
Democratic (53)
Independent (2)
Minority
Republican (45)
Length of term 6 years
Elections
Voting system First-past-the-post
Last election November 6, 2012
Next election November 4, 2014
Meeting place

Senate chamber
United States Capitol
17

2. House of Representatives
Composition of the House
The United States House of Representatives is one of the two houses of the
United States Congress.). It is frequently referred to as the House. The
composition and powers of the House are established in Article One of the United
States Constitution. The major power of the House is to pass federal legislation
that affects the entire country. Each U.S State is represented in the in the House in
proportion to its population as measured in the census, but every state is entitled to
at least one representatives. The most populous state, California currently has 53
representatives. The total number of voting representatives is fixed by law at 435.
The Constitution, however, lay down that no Representative shall represent less
than 30,000 citizens. Each representative serves for a two-year term. The Speaker
of the United States House Representatives, who presides over the chamber, is
elected by the members of the House. The House meets in the south wing of the
U.S. Capitol.
Qualifications and Limitations to be Member:
Article I, Section 2 of the Constitution sets three qualifications for representatives.
So, each representative for election to the House of Representatives must possess
the following qualifications:
1. He must be at least 25 years old.
2. He must have been a citizen of USA for the past 7 years; and
3. He must be an inhabitant of the State from which he wants to contest
election.
The Constitution provides certain Limitations (disqualifications). Which are:
1. No person holding any office of profit under the Govt. of the United States
2. No Senator or Representative may during the time for which he or she is
elected, be appointed to any civil office which have been created or the
emoluments of which shall have been increased during such time.
18

Elections and Terms:

Elections for representatives are held in every even-numbered year, on Election
Day the first Tuesday after the first Monday in November. Representatives must be
elected from single-member districts by plurality voting. In most states, major
party candidates for each district are nominated in partisan primary elections,
typically held in spring to late summer. In some states, the Republican and
Democratic parties choose their respective candidates for each district in their
political conventions in spring or early summer. They often use unanimous voice
votes to reflect either confidence in the incumbent or as the result of bargaining in
earlier private discussions. Representatives and Delegates serve two-year terms,
while the Resident Commissioner serves for four years. The Constitution permits
the House to expel a member with a two-thirds vote. In the history of the United
States, only five members have been expelled from the House.

Members of the House:
The House of Representatives represents the U.S. citizen on national principle
based on population. The first House of Representatives consists of 65 members
but now its membership is permanently frozen at 435 unless change by law of the
Congress. The constitution lays down that no representative shall represent less
than 30,000 citizens and each state must send at least one representative. The term
of the Representatives and Delegates serve for two-year terms. It cannot be
dissolved earlier. The Constitution permits the House to expel a member with a
two-thirds vote. The House meets every year on 3
rd
of January and remains in
session until its members vote to adjourn.
The Speaker:
The House elects its own Speaker who presides over its session. The election of the
Speaker held at the beginning of each new Congress and the nominee of the
majority party is invariably elected by the House. In USA, the Speaker of the
preceding House need not be elected always. Although the tradition is now well
established that Speakers are re-elected in subsequent Congress if their party
maintain majority. The Speaker of the House of Representatives acts as a leader of
his party and uses the power of his office to promote his partys program.
19

The Speaker is the commanding figure in the House and many important duties
belong to the office. He presides over the sittings of the House, arranges for the
orderly conduct of the business of the House, and preserves order and decorum. In
case of disturbance or disorderly conduct he may either suspend business or
instruct the Sergeant-at-Arms to quiet any disorder in the House. He recognizes,
members desiring the floor. The rules of the House provided that if two or more
member rise, the Speaker shall name the members who is first to speak. This in
effect gives the Speaker wide discretion.
The Speaker has the right to interpret the rules of the House. Though he must
follow the established precedent, but it is within his power to disregard them and to
create new ones, provided that the House agrees. He puts questions to a vote, signs
all acts, addresses joint resolutions, writs, warrants and subpoenas ordered by the
House.
As a member of the House, the Speaker has the same right to speak and vote as
other members, although he does not vote, except when the House is voting by
ballot or when there is a tie.
Powers and Functions
A) Legislative powers:
As a compared to the Senate, the House of Representatives has less authority. It
enjoys co-equal and co-ordinate authority with the Senate in legislative and
financial spheres but money bills can be initiated in the House of Representatives
only. But this privilege of the House is not of much significance because the
Senate can amend or reject both ordinary and money bills. In case of disagreement
the decision is either taken through mutual give and take or a Conference
Committee consisting of three to nine members from each House is constitute to
resolve the deadlock it helps in settlement of the issue.
B) Judicial powers:
It shares the judicial powers of the Senate in the sense that charges against the
President and other federal officials for impeachment are to be performed by it.

20

C) Electoral Powers:
The candidate who receives a majority of the electoral votes cast is elected
President of the United States. If no candidate receives a majority of the electoral
votes, the House of Representatives elects the President from among the three
candidates who received the greatest number of electoral votes. In voting for the
President, members of the House of Representatives vote as State delegations, with
each delegation having one vote.

D) Constitution amending Powers:
A constitutional amendment may be proposed by a two-thirds vote of each house
of Congress, or the legislatures of two-thirds of the States may call for a
convention to propose constitutional amendments. Then, it shares with the Senate
the power to propose amendments to the constitutions.

E) Declaration of war by Congress:
The Constitution gives Congress the authority to declare war. So, the House may
share with the Senate the power to declare war, but the constitution does not permit
the House to share its treaty ratifying powers.
Salary and benefits
1. The Senators and Representatives shall receive a compensation for their
service.
2. In addition to it, travelling allowance is paid for one trip in each session
from the Members home to Washington.
3. Every member has a franking privilege too- that is to write and sent letter
in his constituency free of postage.
4. Free medical service.
5. Retirement annuities have been provided since 1946.
Exemption
a. Congressman are exempt from process in all civil actions while attending the
sessions of Congress and when going to or returning thereto.
21

This immunity, however, does not cover indictable criminal offences.
b. They are also legally immune from prosecution or suit, as for libel and
slender for anything they may say on the floor of the House.
Expulsion and other disciplinary actions
The Senate may expel a senator by a two-thirds vote.
Fifteen senators have been expelled in the history of the Senate
Conclusion:
After a long discussion from the above topic it can be inferred and said that the
United State Congress composed of the upper and lower chamber named the
Senate and the House of Representative respectively is the most influential and the
active law making body of the United States as well as the whole world.



References

1. Books: a) A. C. Kapur-Select Constitution U.K. & U.S.A.
b) Emmanuel Zafar-The Constitution of the U.S.A.
c) Munro,W.B., -The Govt. of the U.S.A.
d) Vishnoo Vhagwan -World Constitution

2. Documents: a) The U.S.A. Constitution.
b) Saeed Ahsan Khalid, Lecture on U.S. Congress

3. Internet: a) Links and websites base on Google search



The End