July 24, 2024

Horse 3365 - The Badness Of The US Constitution - Article 1 (continued)

SECTION. 7

Clause 1

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

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On the face of it, having bills to raise revenue (that is taxation bills and bond and borrowing bills) originating in the House of Representatives, seems like a good idea. However, Section 6 Clause 2 which is immediately before this, stipulates that someone can not hold two Civil Offices under the Authority of the United States at the same time. While in theory, the idea that there is a separation of duties and powers is a good idea, in practice this is stupid. What this means is that the Secretary To The Treasury, can not and does not sit in Congress; nor introduces bills to Congress. 

In Westminster Parliaments, the equivalent to the Secretary To The Treasury which is usually the Treasurer or the Chancellor or the Exchequer, is inside the parliament and is not only on the floor but is directly answerable to the members of parliament. What this means is that you have direct accountability and direct questioning of the person in charge of the purse strings of the nation. In the United States, this simply does not happen.

The Secretary To The Treasury lives outside the Congress and so is never questioned by Congress. Likewise, the members of Congress who originate the various money bills, are never directly restrained or bound by the Treasury from which they pass laws to draw appropriations from. The separation of powers here is perpetually a functional failure as the Congress frequently fails to pass budget bills; either to do with matters of taxation from within itself which the House wants and the Senate refuses to pass, or spending bills which the Senate or President want to pass but which the House refuses to agree to. 

The second part of this clause, affirms that in the United States as in Australia, the legislative powers of the houses except in a few matters to do with the public purse are identical. This is either a good thing as it means that the Senate is equal in power; or a bad thing as it means that the Senate is equal in power but with that same power concentrated in fewer hands.

Clause 2

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively, If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

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I find most of this clause redundant. Basically as in any bicameral parliament in the world, if legislation passes both houses and is sent to the head of state and they agree, then the bill becomes law. What is really strange here is that this clause allows two thirds of both houses to run roughshod over the President. Ordinarily this isn't a bad thing as it says that the legislature collectively has similar powers to the President but if you remember, that same requirement of two thirds majority in order to veto the President would functionally be the same two thirds majority in order to impeach and remove the President from office. 

Clause 3

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

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Of itself this clause sounds like it should be redundant however, when it comes to such things as signing and ratifying treaties (such as peace treaties or human rights treaties), or in matters of declarations of war and approval of longer term police action, this is the mechanic by which the Congress agrees to something. There is a counter question as to whether or not this also applies to the amendment process; which itself is arcane.

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