How Does Re-Chartering Congress Work?
Congress is an institution created by the Constitution of the United States. Congress is an administrative body with legislative authority given to it by the Constitution and is responsible for enacting laws regulating the American people. Congressmen and women serve both Houses of Congress and are elected every two years to a single term. Congressmen serve one country and are answerable only to the voters who elected them to serve in that body.
Congress was established with the passage of Article III of the Constitution which states that each House may propose bills for government expenditures and each bill shall be passed by both Houses by a margin of two-thirds of both persons present and voting. Congress may alter or originate legislation not then already included in its books by a resolution that must be passed by both Houses and published. The only way in which a law enacted by the legislature can be changed by the executive branch other than through a resolution is if it was disapproved by a judicial body or the Congress. Since the U.S. Congress cannot itself change legislation, the U.S. Supreme Court decides laws enacted by Congress. Congress has the authority to disapprove laws passed by the executive branch but it has no authority to change such laws itself.
Congress has legislative and executive branches separate from each other, the legislative branch passes laws that become law and the executive branch enacts those laws. Because the two branches have different powers and jurisdiction, Congress and the President must work together often. When a Congressman or a Senator compromises with the executive branch the legislation is passed with a large majority vote and this gives the executive branch support to continue its actions. Congressmen sometimes feel pressurized by the executive branch and try to work with the House and Senate Democrats to pass a particular bill even though they personally may not agree with many of its provisions.
The way in which a congress may resolve a conflict between the two branches is by following the usual procedure where one chamber passes a resolution (resolution) to the other chamber (legislature). If the resolution passed in the first chamber, it is sent to the other chamber for a second round of debate and then finally to the House and Senate for final approval. But some situations may arise where a certain portion of a resolution has been passed in both chambers but still be held in committee making the final approval non unanimous. If such a situation arises then the role of both chambers comes into play. If both Houses agree to a certain measure then it will be sent to the presidential office for signing into law.
An executive branch may override a congressional representative’s position by using a statutory or constitutional amendment process known as reconciliation. reconciliation is a process in which a congressional representative considers proposed changes to laws and bills and then brings these changes before the administrative services of Congress. In order for a law to become part of reconciliation, it must be passed by both Houses and approved by a presidential majority. This means that an executive branch has the ultimate authority to determine whether a given piece of legislation is essential for the good of the American people.
The ultimate decision regarding the re-chartering of Congress rests in the hands of a president who may have divided the legislature into separate wings to ensure loyalty among congressmen. He can make a decision that divide Congress in a way that his executive and legislative branches do not clash with each other. Each branch can have the opportunity to make amendments to the Constitution after it is passed by the President and signed by the President. However, an attempt by a member of Congress to introduce such amendments would need to be formally disapproved by the president. In instances where the president considers that a certain piece of legislation is imperative for the well-being of the country, he may use his constitutional power to re-charter Congress.
