This paper will first briefly examine bicameral chambers and address the benefits of allowing an upper chamber to select an executive. Next, it will highlight several countries that allow the upper house input in selecting executives to demonstrate how these upper chambers contribute to that process. I organized each of my sample countries into five categories; 1) The U.S. Contingent Election Model; 2) the German model; 3) the National-Regional model; 4) the Federal Chambers Model; 5) and the Swiss Bicameral Model. Finally, the paper will conclude by discussing several benefits of allowing upper chambers to participate in the executive selection process while simultaneously addressing the structural challenges that may limit their beneficial impact on the selection process. In contrast to bicameral legislatures, with two chambers, unicameral legislatures consist of only one house or assembly that legislates and votes as one.
Indiana Journal of Constitutional Design
Under this proposed system, Congress would require the “consent” of the state legislatures before exercising legislative authority directly upon individuals.22 Footnote1 The Records of The Federal Convention of 1787, supra note 2, at 243–244. Smaller states generally supported the New Jersey Plan because they did not favor a major departure from the Articles or proportional representation in Congress based on state size.23 FootnoteFarrand, supra note 16, at 84–85; 1 The Records of The Federal Convention of 1787, supra note 2, at 242. John Dickinson, a delegate from Delaware, reportedly remarked to James Madison, a delegate from Virginia, that the smaller states “would sooner submit to a foreign power” rather than be deprived of an equal vote in both chambers of Congress. The bicameral plan is usually found in federal governments, such as those of the United States, Australia, Brazil, and Canada, and in quasi-federal governments, such as those of Germany and India. Most bicameral legislatures are created to operate outside of the executive branch as a function of the separation of power, but some have influence over selecting a state’s executives. This paper will evaluate several bicameral legislatures to determine how the upper chamber and lower chamber can contribute to choosing a nation’s executive.
In debating the new structure of Congress, the Convention considered several proposals.13 FootnoteSee, e.g., id. at 20–22 (The Virginia Plan); id. at 242–45 (The New Jersey Plan); id. at 23 (The Pinkney Plan). Much of the debate focused on two proposals—the Virginia Plan and the New Jersey Plan.14 FootnoteNew York v. United States, 505 U.S. 144, 164 (1992). Virginia Governor Edmund Randolph presented the Virginia Plan that proposed three separate branches of government—legislative, executive, and judicial.15 Footnote1 The Records of The Federal Convention of 1787, supra note 2, at 21–22.
Pages in category “Bicameral legislatures”
- Currently, about 41% of governments worldwide have bicameral legislatures and about 59% employ various forms of unicameral legislatures.
- A bicameral legislature refers to a style of government with a two-house legislative system.
- The passage of these motions, bills or amendments to government motions or bills requires double majority in both groups simultaneously.
- There are 435 representatives in total, with the number from each state being in proportion to that state’s population.
- The Convention appointed a “Grand Committee” to reach a final resolution on the question.
- However, in many parliamentary and semi-presidential systems, the house to which the executive is responsible (e.g. House of Commons of the UK and National Assembly of France) can overrule the other house (e.g. House of Lords of the UK and Senate of France) and may be regarded as an example of imperfect bicameralism.
- Unicameral systems became more popular during the 20th century, and some countries, including Greece, New Zealand, and Peru, switched systems from bicameral to unicameral.
The Legislative Branch under the Virginia Plan would consist of a bicameral body in which each state would have a different number of representatives based on the state’s population.16 FootnoteId. Historians have noted how many states have bicameral legislature that the original Virginia Plan was drafted by James Madison. Max Farrand, The Framing of the Constitution of the United States 68–69 (1913). The Virginia Plan went through various revisions and amendments before it was finalized and adopted at the Convention.
History of bicameral legislatures
The larger chamber customarily has the exclusive power to initiate taxing legislation and articles of impeachment. While it is at times truly clumsy and overly time-consuming, the bicameral U.S. Congress works today exactly the way a majority of the framers of the Constitution envisioned in 1787. Clearly expressed in the Constitution is their belief that power should be shared among all units of government. Dividing Congress into two chambers, with the positive vote of both required to approve legislation, is a natural extension of the framers’ concept of separation of powers to prevent tyranny.
The large states argued that since they had more voters, representation should be based on population. After months of great debate, delegates arrived at the “Great Compromise,” under which the small states got equal representation (two Senators from each state) in the Senate, and the large states got proportional representation based on population in the House. Like the two houses of the English Parliament, the two chambers within the U.S. legislative were also intended to represent different stakeholders within the U.S.
Currently, about 41% of governments worldwide have bicameral legislatures and about 59% employ various forms of unicameral legislatures. Some countries with bicameral legislatures include Australia, Brazil, Canada, the Czech Republic, Germany, India, the United Kingdom, Ireland, the Netherlands, Russia, and Spain. In countries with bicameral legislatures, the size, length of term in office, and manner of election or appointment for each chamber will vary. Growing somewhat in popularity during the 20th century, unicameral legislatures have more recently been adopted in countries like Greece, New Zealand, and Peru. James Wilson, representing Pennsylvania at the Convention, cautioned that “if the Legislative authority be not restrained, there can be no liberty nor stability.” 11 Footnote1 The Records of The Federal Convention of 1787, supra note 2, at 254.
Congress, under the Articles, had no direct means to implement or compel compliance with its laws.6 FootnoteAkhil Reed Amar, Of Sovereignty and Federalism, 96 Yale L.J. For example, Congress lacked the power to levy duties, to tax individuals directly, and to regulate interstate commerce.7 FootnoteArticles of Confederation of 1781, art. V. See also Akhil Reed Amar, Of Sovereignty and Federalism, 96 Yale L.J. 1425, 1442, 1447 (1987) (discussing the lack of Federal Government power under the Articles). The Articles, recognizing the states’ “sovereignty, freedom, and independence,” retained for the states all powers not expressly delegated to Congress.8 FootnoteArticles of Confederation of 1781, art. As a result, Congress, among other things, was unable to stop states from adopting “discriminatory and retaliatory” trade practices among the states.9 FootnoteFor example, New York, in an effort to capitalize on its position as a port of entry, imposed duties on goods imported by nearby states.
During the early 1900s, dissatisfaction with the sluggishness of bicameral American state legislatures led to numerous proposals for single-chamber systems. Today, however, Nebraska remains the only U.S. state with a unicameral legislature. Indeed, the question almost derailed the entire Constitutional Convention. Delegates from the small states demanded that all states be equally represented in Congress.
- A formidable sinister interest may always obtain the complete command of a dominant assembly by some chance and for a moment, and it is therefore of great use to have a second chamber of an opposite sort, differently composed, in which that interest in all likelihood will not rule.
- Each state has its own written constitution, and these documents are often far more elaborate than their Federal counterpart.
- In the United States, the bicameral concept of shared representation is exemplified by the House of Representatives, whose 435 members look after the interests of all residents of the states they represent, and the Senate, whose 100 members (two from each state) represent the interests of their state governments.
- While parliamentary elections can create multi-party coalition governments, parliamentary elections are just as likely to result in one dominant party winning an absolute majority, which remains problematic for minority groups within the country.
- Of these 92, one is the Earl Marshal, a hereditary office always held by the Duke of Norfolk, one is the Lord Great Chamberlain, a hereditary office held by turns, currently by Baron Carrington, and the other 90 are elected by all sitting peers.
- Studying the partisan composition of state governments as we do also allows a clean way to assess whether a state is “moving red” or “moving blue.”
A formidable sinister interest may always obtain the complete command of a dominant assembly by some chance and for a moment, and it is therefore of great use to have a second chamber of an opposite sort, differently composed, in which that interest in all likelihood will not rule. We’ll be in touch with the latest information on how President Biden and his administration are working for the American people, as well as ways you can get involved and help our country build back better.
The upper House of Lords represents a smaller, more elite social class, while the lower House of Commons represents a larger, less-exclusive class. Senate and House were modeled after the British House of Lords and House of Commons, America’s bicameral legislature was designed to represent residents in different geographic locations rather than different socio-economic classes. In the United States, the bicameral concept of shared representation is exemplified by the House of Representatives, whose 435 members look after the interests of all residents of the states they represent, and the Senate, whose 100 members (two from each state) represent the interests of their state governments. A similar example of a bicameral legislature can be found in the English Parliament’s House of Commons and House of Lords. Bicameral literally means “two chambers,” and in practice refers to a government structure involving two houses, or two legislative bodies, that are separate in deliberation from one another. The U.S. bicameral legislature system arose from a desire to have a balanced system within the legislative branch and to address a disagreement over how states would be allocated representation.
