ON THE WISDOM OF OUR TWO-CHAMBERED CONGRESS

 Posting 9

(with apologies to J. Duzarf)

To the readers:

What marvelous simplicity, yet depth of thought we encounter as we begin a look at Article One of the United States Constitution.

It begins with the creation of the legislative branch of government, one of the three branches of government, the other two being the judicial and the executive. We note again the simplicity of the statement that “All Legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” This is known as a bi-cameral body, meaning “two chambers:” the chambers referring to, in this case, the Senate and the House of Representatives.

The question that arises periodically throughout history concerns the benefit of having two “houses” or “chambers.” Yet again, we see the wisdom of having these two houses: a House of Representatives, based on the population of the states and—it would seem—be a true representation of the people; and the Senate, with each state granted two Senators each and thus, representing the states.

It should be noted that the legislative powers are vested in the Congress. Indeed, throughout the history of this great land, much frustration and debate has arisen over laws that are seemingly handed down through the issuance of a Presidential Executive Order (legislation by the Executive Branch) or created by a ruling of the Supreme Court (legislation by the Judicial Branch). Even within recent history of this essay, a judicially created federal “right” was overturned, resulting in national anger, unrest, and division from those who failed to realize that the “right” in question was never passed through the Legislative Branch of Government.

Must it always be the case that legislation must always rest within the Congress? Could there not be cases in which it is prudent for the President or the Supreme Court to act in a legislative fashion? To that, I must defer debate. It is beyond the scope of these essays to explore whether there are exceptions to the practice of legislation within the Legislative Branch alone. Greater legal minds than that of this writer are weighing in on this and will, no doubt, continue to weigh in. Although I must say that I doubt a conclusion will be reached that will satisfy the points-of-view of every conceivable rabble whose opinion is roused.

It would seem to this writer that the safest course of action is to return to the original statement which prescribes the legislative powers be vested in the bi-cameral Congress of the United States of America.

by Aplo