22.3.1 UK and US: Powers, strengths and weaknesses of each of the Houses

UK: House of Commons	US: House of Representatives
Powers	Powers
• Primary legislative body with the power to pass laws.	• Shares legislative authority with the Senate; has exclusive power over revenue bills.
• Holds the "power of the purse" (control over financial legislation).	• Holds the power to impeach federal officials, including the President.
• Can remove the government through a vote of no confidence.	• Plays a key role in federal spending and budget control.
• Engages in debates, question time, and scrutiny of the government.	• Conducts oversight and investigations, particularly through committees.
Strengths	Strengths
• Democratic legitimacy as the elected house, representing the will of the electorate.	• Directly elected every two years, ensuring responsiveness to the electorate.
• Significant control over the executive, including the power to remove the government.	• Controls the federal budget, giving it substantial influence over fiscal policy.
• Primary driver of legislation, with most bills introduced here.	• The power to impeach serves as a critical check on the executive branch.
Weaknesses	Weaknesses
• Strong party discipline can limit MPs' independence.	• Short two-year terms can lead to a focus on short-term goals and constant campaigning.
• Majoritarian rule can lead to an "elective dictatorship" under a strong majority government.	A highly partisan environment can lead to legislative gridlock, especially if different parties control the House and Senate.
• Overload of responsibilities may lead to insufficient scrutiny of legislation.	• Limited role in foreign policy compared to the Senate, which ratifies treaties and confirms ambassadors.

UK: House of Lords	US: Senate
Powers	Powers
• Acts as a revising chamber, scrutinizing and amending bills from the House of Commons.	• Shares legislative responsibilities with the House; can filibuster to delay or block legislation.
• Can delay but not ultimately block legislation.	• Confirms presidential appointments, including Supreme Court justices, federal judges, and cabinet members.
• Plays a role in reviewing and approving secondary (delegated) legislation.	• Ratifies treaties negotiated by the President.
Strengths	Strengths
• Provides expertise and independence, contributing to thorough scrutiny of legislation.	• Longer six-year terms provide stability and allow focus on long-term policy goals.
• Non-partisan environment allows for more independent and thorough debates.	• Significant influence over the executive branch through confirmation powers and treaty ratification.
• Focuses on improving legislation through amendments.	• Seen as a more deliberative body, with extended debates leading to more thoughtful legislation.
Weaknesses	Weaknesses
• Lacks democratic legitimacy as an unelected body.	• Equal representation for all states regardless of population leads to overrepresentation of smaller states.
• Limited power to only delay legislation, not veto it.	• The filibuster can lead to legislative gridlock, requiring 60 votes to end debate on most issues.
• Resistance to reform, leading to a lack of significant changes in composition and powers.	• Partisan polarization can impede its effectiveness, particularly in confirming appointments and passing legislation.

Notes on Each Branch and Their Differences:

House of Commons (UK) vs. House of Representatives (US):

• Legislative Role: Both are the primary legislative bodies in their respective countries, with the power to introduce and pass legislation. However, the House of Commons has more control over the executive branch, including the ability to remove the government through a vote of no confidence, whereas the House of Representatives plays a significant role in controlling the federal budget and has the exclusive power to impeach.
• Democratic Legitimacy: The House of Commons has strong democratic legitimacy as the elected house, similar to the House of Representatives, which is directly elected every two years. However, the shorter election cycle in the House of Representatives can lead to a focus on short-term goals and constant campaigning.
• Checks on Power: The House of Commons can sometimes experience a concentration of power in the hands of the majority party, potentially leading to an "elective dictatorship". In contrast, the House of Representatives can be subject to legislative gridlock, especially when different parties control the House and Senate.

House of Lords (UK) vs. Senate (US):

• Legislative Revision: The House of Lords acts as a revising chamber, mainly focused on scrutinizing and amending legislation from the House of Commons. The Senate, while also involved in legislation, has additional powers, including the ability to confirm presidential appointments and ratify treaties.
• Expertise and Independence: The House of Lords is known for its expertise and independence, as many members are appointed for life and are not bound by party politics. The Senate, while elected, is seen as a more deliberative body with longer terms that allow for more in-depth consideration of issues.
• Democratic Legitimacy: The House of Lords lacks democratic legitimacy due to its unelected nature, while the Senate, although elected, has the issue of equal representation for all states, which can lead to overrepresentation of smaller states.
• Power to Delay vs. Veto: The House of Lords can delay legislation but cannot ultimately block it, whereas the Senate has more substantial powers, including the ability to filibuster, which can delay or block legislation unless a supermajority is achieved.

This table and notes provide a comprehensive comparison of the legislative branches in the UK and US, highlighting the powers, strengths, and weaknesses of each house.

Checks and Balances

US Constitution	UK Constitution
A fundamental principle of checks and balances, allowing each branch of government to limit the powers of the others, such as the presidential veto.	Fewer formal checks and balances exist. The primary constraints on a prime minister's power often come from within their own party (e.g., Margaret Thatcher and the poll tax) or from lacking a parliamentary majority (e.g., Theresa May's government elected in 2017).
The Supreme Court has the authority to strike down executive actions or federal laws deemed unconstitutional, such as in 2020 when it rejected Trump's attempts to end the Deferred Action for Childhood Arrivals (DACA) program initiated by President Obama.	No direct equivalent exists, but the UK Supreme Court can declare laws and executive actions as 'incompatible' with the Human Rights Act. For example, the UK government's denial of civil partnerships to opposite-sex couples was ruled incompatible with the European Convention on Human Rights (ECHR) by the Supreme Court in 2018.
Biennial elections to Congress (the entire House and one-third of the Senate) make Congress more accountable to voters and serve as a frequent check on the executive and legislature. Mid-term elections often act as a referendum on presidential performance.	The 2011 Fixed-Term Parliaments Act was intended to create a five-year gap between general elections. However, this was easily bypassed, as seen in the early elections of 2017 and 2019. The Act was repealed in March 2022, highlighting the flexibility of the UK Constitution.
Congress cannot directly overturn a Supreme Court ruling without passing a constitutional amendment, which is usually very challenging to achieve—no major amendments have been passed since 1971.	The government can overturn a ruling that it has acted illegally (ultra vires) by passing fresh legislation, which is usually straightforward to implement.

Analyse how the US Senate has greater power than the UK House of Lords

Paragraph 1:

• The Senate has greater power than the UK Lords through its legislative powers
• The Senate can block, amend and veto legislation and is an elected body in Congress
• House of Lords is not equal to the House of Commons due to the Salisbury Convention
• Structural theory- The US Constitution states that the Senate can veto legislation whilst convention in the UK limits the legislative power of House of Lords

Paragraph 2:

• Senate has greater power than the HoL through foreign affairs
• Senate has the power to ratify treaties and declare war
• Obama joined the Paris Accord to combat climate change and declared war on Japan in 1941
• However, the House of Lords has no power in foreign affairs
• Rational theory: Because the House of Lords is unelected and being involved in foreign affairs is an abuse of their power

Paragraph 3:

• Senate has greater power than HoL through executive appointments
• The president nominates a justice to the S.C., and a simple majority is needed in the Senate for it to go through. After the death of Ginsburg in 2020, Trump appointed Amy Coney Barrett and the Senate voted 52-48
• UK HoL has no equivalent power. Justices are appointed through the JAC and the PM just confirms it