Introduction:



According to W.P Nelson:

“The modern senate is , increasingly , a greater forum, an echo-chamber , a theatre where dreams ---------comedies and tragedies are staged to enhance the careers of its members and to influence the public policy by means of debate and public investigations. “


Responsibility for giving expression to the will of the people of the Unites States has been entrusted to a bi-cameral legislature called the congress. The senate is the upper house of the congress. It is more powerful than the House of Representatives. In most other countries like India, Britain and France the lower house enjoys more powers than the upper house. In some countries like Switzerland and U.S.S.R (former) the two houses enjoy equal powers. The U.S senate is the most powerful second chamber in the world.



Composition:



The US senate represents the states of the union on the basics of equality. It is organized not on the basis of representation of the people according to a mathematical formula but on the basis of equality of each state as an individual political unit. Each state, irrespective of its size and population, sends two members to the senate. This equality cannot be denied to any state. Even a constitutional amendment cannot alter this equality of states. The total strength of the senate is 100. There are 50 states and each state is represented by two members in the senate. This principle is also found in Switzerland where each Canton sends two members to the council of states. The US capital Washington D.C does not have any seat in the senate.



Election:


The constitution had originally provided for a direct election of the senators.Senators were elected by the respective state legislatures. But the method has now been changed to a direct election under the 17th amendment in 1913.



Tenure:

The senators are elected for a term of 6 years, but one third of them retire after every two years.



Qualification:

The candidate for the senate must be of
 Minimum 30 years of age.
 US citizen of at least of 9 years standing
 Resident of that particular state.
Presiding Officer:



The vice president of U.S.A is the presiding officer of the senate. He is not a member of the senate. The senate also elects from among its own members a president pro-tempore, who presides in the absence of vice- president.



Powers and Functions:


1. Legislative Powers:

The US senate enjoys equal legislature powers with the House of Representatives. It does not merely revise the bills; rather most of bills are originated in the senate. The bills usually passed by the senate are generally passed by the popular chamber as well. This is because the members of the lower house pay full respect to the verdict of their party leaders in the upper house. As regards the money bills, they are originated in the House of Representatives but the senate has the power to amend the money bills. The amendments to a money bill may be so many that whole of the money bill may be changed completely. As a result, the senate has originated many money bills in fact if not in form.



2. Executive powers:

The government of US is based on the theory of separation of powers. But absolute independence would have meant deadlocks and breakdowns . As

Madison observed:
“Separation of powers was not to mean that the three branches of the government should be wholly unconnected with each other.”
To check the tendencies of despotism, a share in each other’s powers has been given by a system of checks and balances.

The US senate enjoys considerable measure of executive power as:
 The president is the chief executive but he can make no appointments unless approved by the senate. Thus the senate can check the executive if a proposed appointment is not found proper. The senate rejected the appointment of Chairman NSC by the president Truman and that of the secretary of commerce by president Eisenhower
 The president can negotiate and conclude treaties with the foreign countries but do not become effective unless approved by the senate by 2/3rd majority.



3. Judicial powers:

The US does not enjoy the status of a court unlike the British House of Lords. It has the sole power of impeachment. It can impeach the president, vice-president Judges and other federal officials.



4. Miscellaneous Powers:

• The senate enjoy along with the H.O.R, the power of propose amendments in the constitution.
• During the election of Vice-president, if no candidate gets an absolute majority, the senators vote for the first two candidates and elect one as the vice-president of the United States.
• The senate can demand information about any administrative measure. This exposes the weakness of the administration.
US Senate : The most powerful second chamber:
The US senate is decidedly one of the most important institutions in the whole federal system of the USA. It stands apart to its counterparts in other countries of the world and is also more powerful than the lower house of the congress. The following factors contribute to the power of US senate.
 Size and Tenure: The senate has 100 members with 6 years tenure while H.O.R has 435 members with 2 years tenure.
 Permanent nature: The senate is a permanent body. It never dissolves. The senators are elected for a term of 6 years but 1/3rd of them retire after every two years.
 Special functions: The senate has special privileges such as its power to ratify treaties and its power of Impeachment.
 Equal Legislative powers: The senate enjoys equal legislative powers with the H.O.R
 Right of debate: The rules of debate are much liberal in the senate. The senators can go on speaking to any length.
 Investigative powers: The investigative committee of the senate can demand the information , opinion and seek advice for the purpose of legislation.
 Greater influence: The senators are seasoned politicians and have greater skills than their friends in the lower house. As a result of this they enjoy greater influence among the public.


F.J Haskins says:

“There are things which the president and the senate may do without the assent of the H.O.R and things which the senate and the H.O.R may do without the assent of the president ,yet the president and the H.O.R can comparatively do a little without the assent of the senate.”



Comparison with other chambers:

1. British H.O.L : it was once a very powerful chamber but now it has become so weak as compared to the H.O.C that it is described not only as second but a secondary chamber.

• H.O. L is a hereditary chamber with more than 100 members .The US senate is a smaller body, more active and directly elected.

• H.O.L has no share in financial legislation. It can merely delay a money bill by one month. Even an ordinary bill can be simply delayed by one year. The US senate on the other hand enjoys equal legislative powers with the H.O.R.

• H.O.L has absolutely no control over the executive. It has no share in appointments, in treaty making and in impeachment. Although it is the highest judicial body in the country but it is not in its capacity as a legislative body.
The US senate enjoys considerable share in the executive powers. It can be said that if US senate is the most powerful chamber of the world and the British H.O.L is the weakest chamber of the world.



2. Swiss council of States:

It is organized on the same basis of equality of cantons on which the US senate is constituted. The two houses of the Swiss federal assembly enjoy equal legislative powers. No bill becomes a law unless passed by both the houses.



3. Indian Rajiya Sabha:

• It is weaker than Lok Sabha, the lower house.
• It is indirectly elected; the US senate is directly elected.
• The two houses of Indian Parliament enjoy equal powers in the case of impeachment. The US senate has the sole power of Impeachment.

• In case of an ordinary bill, both houses enjoy equal powers. In case of a disputed bill, a joint session of both houses is held in which the Lok Sabha can get the bill approved due to its numerical superiority.

• The money bills are introduced only in the Lok Sabha. After they get approved , they are passed to Rajiya Sabha , which may give its own opinion in not more than 14 days , after which the bill is deemed to have been passed as desired by the Lok Sabha. The US senate enjoys equal legislative powers with the H.O.R.

• Rajiya Sabha has absolutely no control over the ministers who are responsible only to Lok Sabha. The senate enjoys considerable share in the executive powers.



Conclusion:
It is evident from the above discussion that no other chamber is more powerful than the US senate. This is exclusive privilege of the American senate. It was looked upon by the framers as the back bone f the whole federal structure of USA. They wanted to give it a dominating share. They mentioned it even before the H.O.R in Article 1 of the constitution.
Prof. Lindsay Rogers says:
“The American senate has become the most remarkable invention of the US senate with other 2nd chamber of the world shows that it is like a moon among them all.
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