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[Member (365WT)]answers [Chinese ]Time :2019-07-09
Legislative function

Most bills will be sent to one of the two houses of Congress. The Constitution stipulates that the Senate has the power to ratify treaties, approve or refuse to approve presidential nominations, Supreme Court judges, and other executive officials, and to conduct trials when the president and subordinate officials are impeached.
However, since "all bills that will increase tax revenue should be initiated by the House of Representatives", the Senate has no right to propose taxation. The Appropriation Act, which the Senate does not have the right to propose, or the bill that authorizes the federal funds to be spent, can be raised by the House of Representatives. Historically, the Senate has argued about the explanations put forward by this House of Representatives. However, the House of Representatives refused to hear the Senate’s proposed appropriation bill, which in fact laid the groundwork for this debate. The Constitution blocks the Senate from discussing the tax-related bills based on the way the British Parliament operates. In the UK, only the House of Commons can propose such a bill.

Personnel appointment
The Constitution stipulates that the President can only appoint personnel after receiving the Senate’s recommendations and approvals. Government positions that are subject to Senate approval include Cabinet members, federal executive heads, ambassadors, Supreme Court justices and federal court judges, and the Federal Reserve Board of Governors. The Senate can pass laws that authorize the executive to appoint less important personnel without the consent of the Senate. Generally speaking, the personnel nomination case is the subject of the highest priority of the Senate committee hearing. The committee has the potential to block personnel nominations, but it is quite rare. The personnel case is considered by the Senate. Most appointments will be passed, and it is particularly rare to reject cabinet cases. (There were only nine appointments in the history of the United States that were completely rejected)
The Senate’s consent to the personnel case is somewhat limited. For example, the Constitution stipulates that the President may appoint personnel during the recess of the Congress without the recommendation and approval of the Senate. The appointment of the adjournment is only valid for the time being, and the post will be re-opened at the beginning of the next national meeting. Despite this, the president often makes adjournment appointments to avoid the possibility of dismissal of the appointment by the Senate. Moreover, as the Supreme Court ruled in the Myers v. United States jurisprudence, although the appointment of an administrative official is subject to the recommendations and endorsement of the Senate, its dismissal is not required.

Treaty approval
The Senate also plays an important role in treaty ratification. The Constitution stipulates that the president can only ratify the treaty after two-thirds of the senators' recommendations and approvals. However, not all international agreements are treaties and therefore do not need to be approved by the Senate. The Senate passed a law authorizing the president to conclude an administrative agreement without the Senate. Similarly, the president may also sign a congress-administrative agreement with the consent of a relatively majority of the two houses of Congress without a two-thirds majority of the Senate. Administrative agreements or congress-administrative agreements are not found in the constitutional provisions, implying that the dodge ratification process is unconstitutional. However, the validity of these agreements has been confirmed by the Supreme Court.

Impeachment officer
The Constitution authorizes the House of Representatives to impeach federal officials for "rebellion, corruption or other serious crimes" and authorizes the Senate to do the same.

If the incumbent US president is impeached, the Chief Justice of the US Supreme Court must preside over his trial. During the impeachment trial, the senator must sit on the surveillance and supervision. The guilty verdict must be passed by a two-thirds majority of the members present. The government officials who have been determined by the judgment will be dismissed automatically, and the Senate may further ban the defendant from re-appointing in the public. No other punishments are allowed during the impeachment process. However, the impeached person may punish the crime in the general court.
In American history, the House of Representatives impeached government officials sixteen times, seven of whom were dismissed (one of whom resigned before the Senate completed the trial). Only two presidents were impeached: Andrew Johnson in 1868 and Bill Clinton in 1999. Both impeachment cases ended in failure. In the case of Jackson, the Senate only reached a two-thirds majority required by a single vote.

Temporary referral
In the Twelfth Amendment to the US Constitution, the Senate was authorized to elect the Vice President without the Vice Presidential Candidate's majority support. The Twelfth Amendment requires the Senate to elect one of the two candidates with the highest number of votes from the electoral college. The stalemate in the electoral college is very rare. In the history of the United States, the Senate only had to break this deadlock. When Richard Mentor Johnson was elected in 1837, the power to break the deadlock to elect the president belonged to the House of Representatives.

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