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Legislatures in Canada and the United StatesLegislature is the branch of government that makes or amends laws (Jackson, 45). Both the Canadian and the American legislatures are formed from two chambers, each with their own respective roles. Certain arguments are made in favour of the American legislature as being equal to or even more powerful than the executive, whereas in Canada, the executive is considered to have more influence in passing legislation (Jackson, 46).Canada's legislature is made up of the House of Commons, also called Parliament, which is the lower house and the Senate, which is the upper house. The House of Commons consists of 01 elected members of Parliament (MP's) from 01 constituencies across Canada. The Senators in the Canadian Senate are appointed by the Governor General on the advice of the Prime Minister and selection is based on regional representation (Jackson, 4). Similarly, the United States also has two chambers, the lower House of Representatives and the upper Senate. Together these two chambers are called Congress. The House of Representatives is made up of 45 representatives elected by the people every two years and is also based on representation by population. Unlike -1-
the Canadian system, American Senators are also elected by the people, with two from each state so that each state, regardless of size, has equal representation (Jackson, 44). To pass a law in Canada, a bill must first be introduced. Usually this is done by the Prime Minister or Cabinet members, although all MP's are able to do so. Bills can also be introduced in the Senate, except for money bills. The bill gets read in the House of Commons and is then printed. If accepted, it returns for a second reading where it is debated and then voted on. If approved a second time, the bill is passed on to a committee for examination which can include debates and amendments. Once the third reading occurs in the House, it is too late to propose any new amendments. Again, if agreed upon, the bill is passed on to the Senate where it goes through basically the same process. Finally if given the go ahead by both houses, the Governor General gives the bill Royal Assent and shortly after it comes into effect (Jackson, 55).In theory, the Canadian Senate is considered to be a very powerful body but in reality, it is relatively weak , sharing most of it's powers with the lower house (Jackson, 50). In fact, the Senate has not rejected a bill for more than 50 years (Prikryl, Permacharts-Canadian Government). The role of the Senate is more for a check on the legislation in the House. It is hoped that Senators take a "sober second look" at what has been passed by the House and act accordingly because they are not elected and do not have to worry about pleasing the people in order to get re-elected (Jackson, 50).--In the U.S. a bill starts in the House of Representatives, the Senate, a federal department or the White House where it must be submitted to the clerk of either chamber. It is then passed on to the proper committee and subcommittee for public hearings and amendments. If defeated, it is considered dead. If it survives, it is passed on to the Majority leader in the Senate. If it passes in the Senate, it must also be passed in the House. If the bill passes in both chambers, the President must review it and if nothing is done in ten days, it becomes law. If the President vetoes the bill, a / majority in the House and the Senate is needed to over-ride the veto (Jackson, 56). The United States Congress sees on average ,000 to 10,000 bills introduced each year but only 5% to 10% of these bills become law (Jackson, 5, 56). Most of the bills die while in committee. On the other hand, the Canadian Parliament sees about 60 bills every year and passes around 40 of them in one session. Members of Parliament belong to various parties and are expected to act on behalf of the people of their constituency without stepping outside of their party's boundaries. Even though members of Congress usually belong to a party, they are more independent than their counterparts in Canada. This way, they are more able to work for their people without being discriminated against (Jackson, 5).Part of the reason why the American legislature is so powerful is because it shares it's law making ability with the executive (Jackson, 48). The President has the authority --to veto a bill passed by Congress and Congress has the ability to over-ride a Presidential veto with a / majority. This system promotes checks and balances on the various branches of government to ensure that there is no abuse of power. This separation of power prohibits members of Congress from holding an executive position and ensures that one body of government is not more powerful than another (Jackson, 44). In Canada, this separation of power is not as evident because the executive, for example, the Prime Minister and the Cabinet belong also to the legislature and are regarded as having considerable control inside the legislature (Jackson, 46). The Prime Minister can initiate a bill knowing that it will most likely get passed due to the majority support of the House.Another reason why the legislature is so influential in the United States is because it is considered to have one of the most powerful upper houses in the world (Jackson, 50). The Senate has the authority to advise and consent all major appointments like the appointing of ambassadors, Supreme Court judges and Cabinet officers. The Canadian system is weakened because it follows the British model of the nineteenth century when the Parliament was considered to be more powerful than the executive (Jackson, 46). These days, the Canadian government is usually a majority elected government, making up most of the executive, with the presence of an official opposition party and other minority parties in the House. The Canadian parliament could be made more legislative if it favoured more -4-individuality rather than strong party cohesion and discipline among its MP's. Members of Parliament would be able to work for the people, the way a democracy was designed to be, instead of worrying about punishment from party whips or the party itself. Members of Congress regularly practice opposition to their party and are more responsive to their constituents (Jackson, 58). The fact that the Prime Minister is part of the legislature is also difficult while trying to maintain a separation of powers. If the Prime Minister had to be separate from the legislature, it would allow more opportunity for checks and balances. One key point in the Canadian system is Question Period, when opposition members question and challenge the majority government's rulings and procedures. This oversight function helps to review the activities of the government and ensure that they are carrying out their functions properly (Jackson, 57).In conclusion, the legislatures of Canada and the United States are both essential law making bodies. Even though there are many similarities between both legislatures, it is necessary to understand the pros and cons of a constitutional monarchy with a Prime Minister versus a republican democracy run by a president. Even with their differences, both systems are very able to effectively pass law.-5- Please note that this sample paper on legislatures in Canada and the United States is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. 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