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United States Senate - Report on certain aspects of its Functions and Procedure by J.R. Odgers, Clerk Assistance, Australian Senate


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i 956.

TH E PARLIAMEN T OF TH E 001\[L\fONWEALT H OF AUS TR ALiA.

UNITED STATES SENATE.

REPORT BY

j. R. ODGERS CLERK-ASSISTANT OF TH E AUSTRALI AN SEN ATE.

Presented by the Pre!!ident, 15th May , Hl56; ordered to be printed, 21st June, 1956.

[Cott of Paper :-Pre parat-Ion, not given; 1,130 copies; approximate cost of printing and pubtisWng, £11~ . ]

Prinwd auu Pui:Jli."hed fur the Gu \'ERlOIE:

No. 36 LGRour H].-F.3800/56.- PRICE ls. 6D .

/

Pattern of government Co mpo sition of Co ngress

E lections Powers of Co ngress .. Procedure on Bills Private Members' Bills Co ngressional com mittees Co ntrol of adm inistration

Control of expenditure Control of rules and regulations

CONTENTS .

Legislative R eference Service of the Libmry of Co ngress Privil ege Conclusions

Bibliography Index

Paragraph. l

15

22 28 31 i\3

60

lil(c), G2 (c), 6G, 87, 90-3, 115, 120-4 79 90

94

103 112

PAGE.

21 23

Senator the Honorable A . .M:. lVIclVIullin , President of the Senate, Parliament House, CANBERRA.

Sir, I have the honour to snlnuit m y report on certaiu aspects of the functions and procedure of the U nited States Senate.

In doing :>o, 1 record my sincere thanks to His Excellency the Am erican Amba ssador (Mr. Amos .T. P easlee) for the Sm ith-:.VIuudt leader grant which mad e tlris . ':>tULly possible, and to the many wonderful

people in the U nited States w ho were so helpful and hospitabl e.

l\Iay I al ~o Pxpress, l:)ir, w y thank::; to yon for all you did to mak e my oven;eas study practicable.

Senate Office, Canberra.

Respectfully , J. R. ODGERS,

Clerk-Assistant .

REPORT .

P ATTETIN OF GOVERNMENT.

The U nited States Republic-lik e the Commonwealth of Anstralia-is a federation of States, fnnctioning under a writt en Constitution.

~ - lt is comp osed of a central or national government and 48 State gow rnnwnts. The m atters

npon which the central government may legislate are listed in the Co nstituti on.

:3. The fundamental difference between the United States and . ~n.-.;tr ali<~ n fetl('l'a l institntions is

in their respective Presidential and Cabinet systems ∑ of government.

4. The doctrin e of separation of powers is the key note of the Presidential s ~ ∑s tem. Tt provides for three separate and distinct departments of govcmment-legislative, executive and jurhcial. 'l'lw legislati w∑ branch-or Congress-makes the laws; the Exem 1hve administ ers those la\\∑s; and, in tum , the judicial branch interpr ets the law.

5. The framers of the Constitution considered this separation of powers "an essential precaution in favour of liberty". Powers are separated in such a way that no one branch of g-oYernment Cllll become autocratic or assume tyrannica l powers.

6. A s between President and C ongress, tl u~ President's executive po\\∑ers are subject to Congressional .check through the Senate's treaty and appointment pow er!:>, and through control by Congress of legislation and the power of the pnr!'le. In turn, legislation passed by Co ngress is subject to Presid<>ntia 1 veto. Then thrre is a connter-check, because Congrrss rna~ ∑ OY er-ride the Presidential veto.

7. This checks and ∑ balances system is extended to the relation ship between the H ouses of Co ngress in tlwt each House has (a) a different representatiw character , and (b) certain excl nsive powers.

8. The legislative branch consists of t"∑o elected Houses, a Senate and a House of Representativ es. '!'he basic principle of two Chambers is the provi.-sion of a Honse of R epresentativ es for the representation of national interest s and a Senate for the representation of State inter t>sts. A s in Australia, delegates from the less populated States to the drafting ConveH.tion feared that, under the system of the proposed central government, they wou ld be under the dom invtion of the more populated States. The compromise was the sam e as in Australia's federation, namely, all States irr espective of size and population were given equal representation in the Senate, while on the other hand it was agreed that representation in the House of R epresentative s should be on a population basis.

9. 'l'h e E xecutive pow er i s ve::;ted in the Pre;;ident of the U nited States, who is chosen by the people (through the machinery of the E lectoral Colleg-e) for a four-years term of office. 'rhe President appoints H eaus of the Executive Departments to assist him to enforcr and administer the laws m ade by Go n g-res>~ . Ne ither the Prt>sident nor any of his heads of Exrrut iYe D epartments, who form the President's

Cabinet, is a member of Congress. 10. 'l'h e judicial branch comprises the various federal conrts of law , the highest authorit y of which is the Supreme C ourt of the Unitrd States, consisting of a Chit>£ Justic e and eight Associate Judges.

11. Thns there is a fundam ental difference betw een the Presidential form of government and the Australian, or British system .of Cabinet government. In the latter, m emb ers of the Executive Gov ernment :nr selected from the l\fembers of the P arliament and, to govern, that Executive Government must at all times command a majority in the Hou se of R epresentat ives, or go out of office. On the other hand, the Executive power -in the United States is vested in the President, and his position is not dependent on the prevaili ng pdlitical majority in either House of Congress. For example, at the present time (1955) the President is a Republican, while D emocrats are in the majority in both the Senate and House of Representatives.

12. Constitutiona l consideration s suggest that the legislativ e arm is the mo st pow t>rful of the three arm s of the American system of government. As in the∑ Australian form of government, where no mon ey may be drawn from the Treasury unless by appropriation approved by Parliament, Co ngress control s the national purse. Again, Congress has the last word with respect to proposed laws. Should the President veto a Bill, Congress in turn can by a two-thirds vote in both Houses over-ride the Prf'sidential 1∑cto. A dderl to these matters is the exclusive pow er of the Senate (a) to consent or refuse to consent to treaties, and (b ) to confirm or refuse to confirm appointments by the ExecutiYe. Furthermore, the pow er to declare war is vested in Congress. But political considerat ions, the prestige of a President elected b~ - nation-wide Yote for a fom∑-years term to put a declared policy i.nto effect, and the Pr es id e nt' >~ position ()S Co mmand er in Chief, all have a marked tempering effect on Congressional pow ers.

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]8. 'l'rrnfl s nnc1 faetor s which snggest that there is some .~hift of pow <'r from Co ngrrs.s 1o the Executive include-(a) Legislative initiati vr. 'rhe principal function of Congress is to make the lmrs. To assist in the discharg e of this fnnction, both Houses have appointed a number of standing

com mittees responsible in certain defined legislati ve fields , and such comm ittee s are clothf'cl with investigative powers to, amongst other things, study certain conditions to a;-;cf'rtain if ne∑w Jaws or improvements in existing laws∑ are necessary. But the fact remains that to-day most of the important legislation is recommended by the executive

branch. Probably this is inevitable in the tangled skein of government affairs' to-day. (b) 'l'lw inflnenc e of the President on Congress in its consideration of major legislati Ye proposals recommend ed by the Executive. For example, in the 1955 session the Democrats, who controlled Congress, attempted to tie a Federal income tax cut of $20 per

person as an amendment to a Bill sponsored by the Executive to extend the lif e of excise and corporation taxes. Republican President Eisenhower, at a press∑ conference, called this action by the Democrats "the height of irresponsibility" . It was argued that the amendment would disarrang e the Administration's whole fiscal programme. The proposed tax cut was dropped by Congress. ( r) The treaty -making power. 'l'he Constitution provides that the Senate must approve (by

a favorable vote of two-thirds of the Senators present) any treaty of the United States before such treaty can become effective. But there has grown up a variant of this treat y-making power-the Executive agreement, which does not require approval by the Senate or Co ngress. In 1953 Senator Brickf'r introdnc ed a Bill for a Constitutional am endm ent to, amongst other things, curb thr power of the President in the making of Executive Agreement<;. The Bricker Amendment, as it is known , has been introduc ed each year since, and it is the subject of current consideration by a Senate Judiciary sub-committee. The Bill, in part, forbids any international agreement to take effect in internal Jaw except by act of Congress, and provides further that this act must be within the powers of the F ederal Governm ent. Under the la-iv at the moment, the only control over Executive Agreements exercisabl e ,by Congress is the pow er to withhold any money required for thf' operation of such Executive Agreem ents.

14. In certai n respects, therefore, the United States legislatur e set>ms to have lost some ground to the Rx ccutive. Congress, how ever, has found some compensating expression for its ∑ very great powers in its oversight of the Ad ministration , and the investigativ e and informing functions of Congressional committees.

COMPOSI TION OF CONGRESS.

15. Th e Congress of the United States consists of a Senate and a House of Representatives.

16. The 48 States of the R epublic have equal representatio n in the Senate-two Senators for each ~t ate, making a total of 96. The Vice-President of the United States is President of the Senate. He is

not a Senator. H e has no vote unless the Senate is equally divided on a question. In contrast, the l'r rsiclf "nt of the Australian Senate is chosen from the Senate and he has a deliberativ e vote only; wh en the yotr~ arc∑ rqnal, a question passes in the negative. It could be argued that the Am erican practice of

ntativ es, but also the consent of the States, as equally represented in th{'

;:)enate . ff the Senate is equally divided, there is no positiv e consent of the States and a Bill nlll s1 thrrefore fail. Under the American system, and with a favorable casting vote by the Vice-President. a m easure may go to the statute-book without that positive consent ∑ of the States which is inherent in 0111' 1111clrn;tanding of the function of the States' assembly in a federation.

]/. Senator;;; are elected by the Yoters of an entire State, as in Australia (except that in the United ~tat E' s there is no compulsory Yoting). They are elected for a term of six years. The terms of Senator:'

m f' staggrred so that only one-third is chosen at elections held each even-numbered year. Senators mu st hr owr 30 years of age at the time of their election .

18. There are 435 M emb ers of the House of R epresentativ es, elected according to population h.'∑ 1lw Yoters of Congressional district s. The State legislatures haYe the responsibility of dividing their Stnh~ into clistricts according-to the nnmb er of Representativ es to which they are entitled on a population basi,:. ~om e States han " pro,∑id ed for less districts than the numb er of their R eprt"sf'ntnt ives. In snch casE's nn,∑

,,rlr litiona l R rprrsf'ntatiw is knom1 as a R epresentative-at-Large .

1!1. 1fPmh ers mn st bf' 25 ~∑ e ar s of age at the time of their election. R epresentatives nre elect{'(]

for a term of t11∑o :∑ par-s. .\s at 1955, the average representation is one ReprPsf'ntative for approximatrl: ∑ 847.000 people.

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20. l\It∑. Speaker is chm ;en b~∑ thr Honse, and he ha .~ al w n~∑s bern a :\Irmb er of the Hou se. How ever, there is no constit utional objection to a per::;on :Jther than an Plectrd R epresentativr in Congress srrving as Speaker. The House is empow ered to chou.se its Speaker and other officer.s. without restriction. 21. ~Ir . Speaker ma~ ' vote, but usual!: " does not. except in case of a tie.

ELE CT IONS.

22. Simultaneous elections are held for the Senate and the H ouse of R epresentatiYes, and snell elections are held in the even-numbered :∑ea rs, usually on thp first Tue:;day after the first :\[onda:' 111 :\foyemb er.

23. Voting by electors is not compulsory in any Stat<'.

~ -!. There is nothing comparable to our Commonw ealth Electoral .A ct, which pt'OYides for uniformit. \∑

in all tlw States with respect to the manner of holding F Pdrral electiot1s. Both F ederal mHl State l

25. Primary elections are akin to our Party pre-srlecti.on ballots, hut in the l!nite

27. C asual vacancies in the reprrsentation of any State in thr Senate ma y l>e fill ed at a special rlrction or by a temporary appointment b)∑ the Gowrnor. In the latt er casr the appointee serves until the ,∑ acancy is fill ed by regular election. Va rancirs in tltr Hon se of TI.epresentatives c11n only be fill ed b~ ' an election for that pnrposr.

POWERS OF CON GRESS .

28. Both Hou ses of Congress havr 11lmost N Jnentativ rs). No Bill can beronw la\\' without tlte consent of both Houses.

20. 'l'h e (1) (2) (3)

(4)

(5) (6) (7) (8) (0) (10) (Jl) ( 12)

(13) ( 14 ) ( l:"i)

(16) ( 17 ) (18)

subjects on which Congress ma y makr laws are listrd in the Co nstitutio n. as follows: " 'l'o lay and collect taxes. 1.'o borrow mone y. 'l' o mak e rules and regulations for commerce between the States and with foreign co nn1Ti r~-: .

To coin mon ey, to . c;tate its value, to fix the stand:1rd of wright,; :1nd mrasnres, :1nd to provide for the punishment of counterfeitin g∑. To m ake a uniform rnle abont natur11lization . 'l'o establish nnifonn bm1kruptcy law s for thr whole conntry. 'l'o rstablish post offices and post ro-ads. 'l'o issue patents and copyright s. 'l'o set up a system of F ederal c ourt ~. To punish piracy. 'l'o declare war. To raisr and snpport armirs.

To provide for a Navy. To mak r rules and regulations for thr Army and N i!v.'∑ ∑ To p1∑oyid e for callin g out the militia to enforce the F ederal la\\∑ s, to s uppr rs~; law lrsstwss. or to repel invasion. To co-operate with the States in organizing and arming the militia. 'l'o mak e all laws for the Distr ict of Co lumbia. To mak e all laws needed to put into effect all the pow ers given by the Constitution to the

Government of the United States or to any ag-ency or officH of the lTnitrd Statrs.

'l'h <> Con:;titution fm∑bicls the Congress-(1) To suspend the writ of habeas corpus, except in time of rebellion or invasion. (2) To pa&<; Jaw.<; which condemn persons of crimes or unlawful acts without a trial. (3) To pass any law which "∑ill declare to be criminal any act :1lready done which w a~ JJnl'

criminal when comm itt ed. ( 4) To lay direct taxes on citi zens of States, except on the bafiis of a census a lr ra d~ - takrn. ( 5) 'l'o tax exports from any State. ( 6) To give especiall y favorable treatment in commerc e or taxation to the seaports of an:∑ Stntc∑

or to the vessels using such seaports. (7) To authorize any titles of nobility .

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30. 'l'h e powers which each Honsr. rxercises rxr ln ~ivr. l. v flre-Senate-( 1) To consent or refuse to CO Jisrn t to trratirs . (2) To try persons impeached.

(3) To confirm or refuse to confirm appointm ents madr by the President. ( 4) To elect a Vice-President if no candidate has fl majorit,v of the electoral vote . .;;. House of Representativ es-(1) To originate revenue bills.

(2) To impeach civil officers. (3) To elect a President if no candidnte has a mnjority of the f'lectoral votes.

PROCEDURE ON BIJ-1LS.

∑ 31. Th e main diffPrrnce between the U nited States rractic e and our own in the consideration of Bills is in the Co mri1itt ee procf'dme. Every Bill introduc ed in Congress is referr ed to a committee for considerat io11. l< """'urthermore, under the Presidential system standing committees may shape Bills both as to policy and detail; ii1 the Cn binet system, wh ere legislative policy is settled in the House on t ilr second J'Pading, the function of a committee is purely that of examination of, and report on, detail.

32. Another striking difference is in the percentage of introduced Bills which reach the statute- book. Wherefls it cm 1 be ~;a id that nearly all Bills introduc ed in the Australi an Parliament hrcom e enactrd !a\rS, lrss than 10 per cent. of the total measures introduc rd in Congress are eveT enacted. This i: -; explained by the fact that in our Parliament practically all Bills are initiated by the Government;

thE' Priviltr l\Jember'R bill is a rarity. ln Congress, bills are pre.sentr d not only by Congressional leaders on thr re c om m e ncl<:~tion of the Exrcntive, but also in large numb ers by Co ngressmen either on thrir O'>l'll initiatiw or at the suggestion of privat e citiz ens or orgflnization s. More than 10,000 m easures arc introdu ced each year. 'l'he largest numb er of bills ever introdu ced in a singlr Congress (two year~ ; wal'i 4-l-.36:~ in 1009-11.

33. :\fa st of the important bills which are passed by Congress are those rrcomm ended by the Presidcm in m essagE's to Co11gTrR:,;. The Prf'Sident plays a leading role in planning the legislative programme.

04. In the UnitE'd States Srnate, a bill is formally presented by a Senator. B eing received, it is rrferred by the Presiding Officer to an appropriate standing committee (of which there are fifte en- " see paragraph 67). Th e record shows that such Bill is presented, and read a first and second time. lit practicE' th.is does not happen ; rathrr is it assum ed, by unanimous consent, that it so happens. ~omrtinlf' s . whrn pr∑ eo;Pnting a Bill, the l'iponsor ing ∑ Senator may make a short statement of the purposl?s

of the hill. Jn the House of Rrpresentatives the introduction of a Bill is le.ss formal. A CongTE'ssman dO('S no morr than dE' posit tlw mrasnre in what is called the "hopper "-a box on the Clerk's desk. 'l'h r Bill i .~ "a ppr o p riate ]~ ∑ rderred" by 1\fr. Speaker to one of nineteen strmrling committees of the H onsr

:~.) . Th e committee then begins its stncly of the bill; or, first, it m :1y br referred to a sub-committf '<'

for n "port to thr fnll committrr. 'l'hE'se committees have been truly drscribed as "the work horse.s in Congrrss ".

:~6. The C hnirm

:ri. Com mittees dE'cidr the Ol'(lE'r in \\'llich bill s referred to them f;ilitll be considered, :mel whetllf't' l'uldit: IIearings should br hrld to take r\∑ idence. 'l'.vpical witnessrs 0 11 a bill include representatin >.; nl' thr E xt>cntive clrpartments interested in the subject , appropriate rxprrt"><, organizations, alld an.'∑ l∑it izen \Yho ma~∑ haY e a case to put.

:JS. A fratme of this comm itt ee system on bill s is that any one and every one-the farmer,

the banker. thr industrialist. the rrprE'sentativ e of labour-is given an opportunity personally to voice his opinion, support or protest regarding proposed legislation . This opportunity is provided b~∑ public hearing. conducted b? the appropriat e committee to which a Bill is referred. Any delay occasioned by "these ∑committee hearings is deliberate. That is to say, it is inherent in the structure of American

gowrnm ent that the making of a law should be delayed long enough to permit public opinion∑ to be formerl and expressed, so em;uring that a la\1' in its final form expresses the will of the majority of the proplr∑. Th r protection of the public interest is the paramount consideration.

39. The American concept in relation to committee prOCE'edings on bills is well expressed in tlie follo\\'i ng state w ent by ::\Ir . Alexander ∑ wiley, former Chairman of the 1 'nit eel States Senate Committee on the .Jncli ci!'l r~ ∑ :-

" History has shown us that the best law .is the one which is based upon the mo st widespread human knowledge and proper ascertainment of the facts. A rule mad e by one man is not nearly so good as the one a man would mak e after consultation with thosr who are intimat ely acquaintrrl with the situation the rule is designed to co,ier." 40. Public hearings arr not held on every bill , but only when it i:-; GO Jisid ered necessan∑ b~ ∑ tlw committee.

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41. Rrnntors nrr assistt>tl in their ronsiclt>ratiiJn nf hills b)∑ til, , r c "pMt~ ;lntl nthi .. r of stafr expe rt ~ :1ttached to each com mittee.

4-2. Shorthand or stenotype writers record all the <'l∑ idrnr:e. Tile tra11srrip1 is a1∑ailable to the committee the follow ing day.

-±3. F'olio\\∑ing public bearings on a bill, the iull committee m eet.~ in ,,∑hat is termrd Executivr

(i.e., c:losrd) c.;rs sion to c:onsicler the facts. 'l'h e hill ma)∑ tltr n be L11∑orah! .'∑ n∑pol'trcl to thP Senate, with or without amendment, or an unfavorable report m a.1∑ be mat!<'. \"ot r1∑ ::r.'∑ hill i;-; reported back to tlw Senate. rf a commi ttee wishPs to kill a bill, it just Llot "s not 1∑eport it to 1 II<' ~ r nate. ancl then at the end of a Congress the bill lapses.

4-±. \Yhen a bill i.∑ reported to the Senate, it is listed for debatr. " \m rnclme n t.~ recomm ended b.1∑ the committee are considered , and also any other nm enclments \Yhic:h ma)∑ ht " propo;-;ed b." nn)∑ Senntor.

-±;). 'l'he consideration of a bill takes place in the Senate. 'l'her c is no Committee of the vVb ole

prncrclnre in the U nited States Senate.

4G. In considrring a bill reported from a sLt1Hli11g eom n1itter. :-;rnntors

tim e limit (nnlrss by nnanimous consent n time limit is imp OSl'(l).

-±7. ∑ wh en agrt>rm ent is reached on am endm m ts (if any), tl1e bill is 1∑ratl a third tim e. A final

questim1 is then put on the passing of the bill. If JHlssecl, it is sent b~∑ m es.~ag-e to the Hou se of R epresentatives for its concurrence. (H ere i.t is (nt;-rrsting to rec:orrl thr custom in connexion w ith the delivery of messages between the H onsrs. A rlom∑krt'pPt' nnnonJIC<'s 11 clrrk "∑ho. 1\.lH''l I'PcognizPcl b.'∑ the Presiding Officer, reads the rncc:s:1ge aloud, aml then h01rs 11pon rd iriug.)

.J8. ~fr. Spt>aker refers the bill to the appropriate stmHling∑ colllmitteP of the Honse (of which

there arE' nineteen ). J\s in thP Senate, the commi ttl'P m n.'∑ rl'jel't til<' hill ot∑ r "∑toll lllll'llll 1∑ hat the bill he passed, with or without am endment as the ease may be.

40. Tlw bill then goes before the w hole Hou se. is d<'hnted, anfl n rote taken.

:10. After a bill has passed tlw H ouse of R epre;;cntatiw.;;, it i . .; retlii'llerl h.1∑ m "sS;Ig∑e tu the SenatP. If Hlil<'IHlm ents be made b~ ∑ the H ouS<', cmc h amendments arr considered b.v thr ::l<'nak and agreed to or disagreed to. \Vhrre agrerm ent cannot be reached, n Confen " nr∑e of l'l 'Jll'< 'S<'ntatiY<'" of the t11∑o Honses is rrqnestecl. FiYe M embers from each l-Ions (' are usual!? appointed to hlh' part in a Co u fL ∑ ~∑~∑n ce, and they are callrd "Conferees". Usually, agreem rnt is reached at snell Conf< "J∑r n ct>.~, ;mel tilt "

. ) 1. A hill having been agreed to by both Ilou.- :t's, it is th<'ll 1 ∑ eall ~ ∑ for prest "ntat ion to the l'i∑ esicl1∑n t nf the United R1∑ntes for assent. 'l'h c P ri>: "-:i('Om rs Ia'" if lit∑ tloe;; not a<;sent 11∑it .llin ten dnYs . . . 2nd Congress is sti ll in session. If Co ngress bas aci.iom∑11Pd < " IHI tlw Prt".;idrnt ila'i not 1-iignecl a bill , such wto is !mown as a "pocket wto ". \Yhen a bill. is Yeto.∑d, the∑ ;\[l' ssagr rctnl'lling tile bill to the

or i g i1 ~a tin!! H ouse drclares thr Presic1rnt';-; rrasons for such veto. Congr<'SS, how ever. can ovrrride the

veto b)∑ rrsolution ~greecl to hy a tKo-third s vote of rach ] fonse.

:)2. ('orn'111ent.- lt is not suggffited thnt. for tliP consid1 "ration of bills. till' 1 'nit∑ ecl States commi ttPc

sy.-:te m is wh olly adapt a hie ill Anstral in. be ~; a n sc oJ: tl1e tl i fi'r rencf' in form of' g∑ o,∑<'l'lll ltent ;mel rcsponsibilit.'∑∑ C ongressional commi ttees are policy-making, but i11 om∑ "∑ '∑stelll legd;ltin polic.1∑ is ,.;C't\ lrcl h.v the w hole lJ.o n .~r at 111r s.l∑c:ond-reading stage and only the details of

the smaller amoun t of legislation in Au stralia , there i . .; not t he same 11eed for a standing commi ttee system ou biJ Is, providrd a lw a~'s that full opportunity i.; perm i 1 ted by the ma;jot∑it.' ∑ jl:trt.'∑ for propt'l' consideration . EYe n in onr Pnrli11ment, howe ver, there i,; a l wn~∑s room for select ot∑ ;.;tnn.J ing com mittee consideration of tlle detail s of controwrsial bills , partir.nlarl)∑ technical ones. lmlr∑rrl. our ~t;111diug Orders m ake sucl1 proYision, and it is n pit, v that proposals to refer hOlllr hills 10 co mmittre~ h

PR.IV A 'l'E MEMBERS' RUJJ.JS.

53. A Private M emb er's bill is d<:'fined as one not sponsored by the .Adm i11istratioJJ.

J4. In .A nstralin the Privat e 1\femb rr's bill. particular]~∑ in thp Srnatr, is a rarit~ ∑. fn tilt " 1Tnitt "cl 81∑ atr .<.;. :1nd imleecl ill G reat ∑Britain , it is comm onplace .

. ).). T he last I'l' i∑∑:a tc∑ ~\ I e mb e r' s bill introdnccLl in the .\.ustra linn Srnatr \Hls Senfltor :JfcKenna's C onstit ution Alteration (Prices) Bill in 1950.* Scn ~to r PayPe∑s Commomrrillth Electon1.l (C'ompnlso1y Voting) Bill of 1924 wa s the firs t and last Privat e :\frmb rr's bill originnlimr in the SP n

∑.'!-.\ddendum. - O n tlie 31st ~[ny. 1!}5(). Senator ).lcCa llum brou,!!hr 11p :1 Pri\∑at e ~ J pmber's Bill to :n1Jf'nf1 thr C(JtllmOI/Irrrtll/1

(∑.'lrrtrn∑o7 A.ct l!ll~-l95S for the puqJO SP of omitting thr prn,∑i f::ion~ J'rinfin g- to C'om pnl ~ory Yotin~.

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r.G. Tt is trtt<' thnt in the TT nitrd States only a sm all prrrentngr of f∑ lte Privat e M embers' hills

introdtt C∑t "d lwcontc " lim. Bn t that i s not the point. 'I'hc∑ import;-mt thing is that they should be encouraged --even in a Ca binet systt>m of gover∑nment wh ere legislntivr initia tivr lies ma inly nnd p1∑operly with thr Executive. V ery often a purpose may be achieved m erely by the introducti on of a bill, the publicity ,rh i<:h gnl' .'i ,,∑ itli it. and som e clrbatr. Tt proYidrs a mm ∑c∑ lasting registra tion of H grirvancr, or suggestion

for improvem ent in the law, than a Qu estion or speech in the House. Particularly is this so in Congress, \d tPrr op portunity ll l

. )/. Tt is ratlter remarkable that there .haYe not been more Private Members' bills in Australia. R ecently there w ere introduced in the Hou se of R eprrsrntati1 es l\Ir . Joske's bill to liberalize the ~ \u st r ali::t n cli,∑ orcr law s (A ct X o. 29 of 1955), and l\Ir. \Ventworth's bill to est::tblish a Civil D efence

C onncil. lt i .-; quitr certain that both M emb ers w rrc able to bring tlwir ideas and suggestions more fo r c ibl~ ∑ before the G ow rnment by introdu cing bills th::tn if the;v had mad e speechPs, say, on Grievance

Da y. :i8. The appointment of information-gath ering committees (paragrflphs 119-123) would provide a c.:onsidt't∑abl e fillip to tlte promotion of more Privat e lVfPmb ers' bills , and it is suggested that it is a

clevPiopmrnt whicl1 .shonld not be discouraged by the Administration. !{ather should the Administration

encouragt' private m emb ers to ]ll1t their talents to work tow flrcls what they are all elected for-the peace, order and good government of the Commonw ealth. 59. This is not to suggest that privat e m emb ers should in any way attempt to usurp the Ministry'::; responsibilit y for tlte formulation of legislativ e polic~ - . 'J'here is little danger of that, anyway, in Party government. But the point is mad e that a Privat e lYiemb rr's bill proposing an improvement in the law p e rmi t. ~ grrater exprf'ssion, and comm ands more consider::ttion, than a Qne stion or speech. Indeed, a

hill is tile m o ~t constructive of a lJ P::trli::tm entary processr.s, and if Private .!VI embers' bills are put forw;trd

CONGRESSIONAL COMlVII'I'TEES.

60. In paragraphs 31 to 48 an outline has been given of the part played by standing committees in the consideration of proposed laws.

61. 'l'his section will enumerate the committers and will consider their oversight, information " gathering and investigativ e functions. 62. 'I'h e functions of Con gressional committees, be they Senate or House of Representatives, are "

( a) to consider proposed legislation referred to them by the parent House; (b) to conduct investig ations to gather information for the formulation of laws. (c) to exercise legislati ve oversig∑ht. Section 136 of the Legislative Re-organization Act of 1946 provides-

" To assist the C ongress in appraising the administration of ∑ the laws and in developing such am endm ents or related legislation as it may deem necessary, each standing∑ committee of tho Senate and t.he H ouse of R epresentativ es shall exercise continuous watchfulness of the execution by the administrative agencies concerned of any laws, the subject-matt er of which is within the juri sdiction of such committee; and, for that purpose, shall study all pertin ent reports and data su hmitted to the Congress by the agencies in the ex ern rivR branch of the Go vernment." (d ) to inform Con gress and pnblic opinion.

63. 'I'h e investigativ e power of Con gress is essential to the discharge of its legislativ e function. Through the m edinm of investigations, Co ngress is informed of the necessity for improvements in existing law. '3 or the need for new laws.

64. 'I'h e Congressional pow er of investigation is not unlimit ed. Each committee is confined to the subjects within its prescribed jurisdi ction. Furthermore, an investigation must have a legislativ e purpose, wh ether it be to examine certain condition s such as tLe operation of the New York Stock Exchange to see if rem edial legislati on is necessary, or to supervise

65. Th e investigating pow er is also limit ed by Executive privilege; in certain circumstances, th∑ ~ President m ::t? refuse to mak e certain information availabl e on the ground that it would not be m the pnblic interest. And see paragraph 77 for privil ege against self-incrimination.

66. In recent ye::tr s there has been criti cism of the conduct of certain Congression ::tl investigations. notably those w hich it w as alleged invaclerl individual rights. But the conduct of those loyalty investigations w as exceptional and in no wa,,- typified the dignifi ed procedure of investigatin g committees g ∑e n e r a ll~ - . ~or did they affect the climatr of Am erican opinion that properly conducted Congressional

investigations are necessar? to supervise the Administration,

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67. There are fifteen standing committees of the Senate and nineteen H onse committees, as follows:-(a) Standing Committees of the Senate "

Apriculture and Forestry (15 Senators). Appropriations (23 Senators). A rmed Services (15 Senators). Banking and Currency (15 Senators). Distri ct of Columbia (9 Senators).

Finance (15 Senators). Foreign Relations ( 15 Senators). Governme nt Operations (13 Senators). Interior and Insular Affairs (15 Senators).

Interstate and Foreign Commerce (15 Senators). J udieiary ( 15 Senators). Labour and Public W elfar e ( 13 Senators). Post Office and Civil Service (13 Senators).

Public Works (13 .Senators). Rules and Administration (9 Senators).

(b) Standing Committees of the Hou se of Representativ es "

Agriculture (37 Members). Appropriations (50 Members). A rmed Services (40 Members) . Banking and Currency ( 30 M embers). District of Columbia (25 Members ). Education and Labour ( 30 Member s). Foreign Affairs (32 Members). Government Operations (30 Memb ers). House Administration (25 Memb ers). Interior and Insular Affairs (32 M em bers). Interstate and Foreign Commerce (31 M embers). Judiciary ( 32 Memb ers). Merchant Marine and Fisheries ( 30 members).

Post Office and Civil Service (24 Members) . Public Works (34 Members). Rules (12 Members). Un-American Activities (9 Members ).

Veterans' Affairs (24 M embers). Ways and Means (25 Members). (c) Joint Committees-Atomic Energy (9 Senators, 9 Representatives).

D efence Production (5 Senators ∑ , 5 Representativ es). Disposition of Executive Papers ( 2 Senatm'l'>, ~ R epresentatives ). Economic R eport (7 Senators, 7 Representatives ). Immigration and Nation alit ~' P olicy ( 5 Senators, ;:; R epresentative:=;). Internal Revenue Taxation (5 Senators, ;) R epresentat ives). T..Jibrary ( 5 Senators, 5 Repres'entat ives). N avajo-Hopi Indian Administrfition (3 Senators, 3 R epresentatives). Printing ( 3 Senators, 3 Representatives). R eduction of Non-essenti fll F t=>clerfi 1 Exp<>nditm∑es ( 6 St=>nators, 6 Representatives).

68. Usually a Senator serves on two committef:'s. and a Representative on one.

69. The Chairman is the senior committee member of the Majority Party. R ecently, there has been som e Congressional criticism of this seniority rule, and a bill is at presf:'nt before Congress to provicle for the election of the Chairman and the Mino ri t~∑ T..Jeacl er of each standing comm ittee of the Hon se of R epresentativ es by the duly elected m emb ers of each committee. The sponsor of the bill elFtims that thr measure would end the present dictatorial pow ers of tlw Chairman in such matters as thr scheduling of business, selection of w itnesses, and the selection of tht> com m ittee's staff memb ers. In addition, it is firgnecl that an election wou ld frequently result in a more capable Chairman. However, the seniority system

"has the great advantage of endowing the choice of committee chairman with long legislative experience", and no chan12:e in the seniority rule is really expected.

70. Senate committees permit coverag∑e by tele, ∑ ision and mo tion-pictur e cam eras, proYicled a witnf'ss does not object on the ground of physical discomfort or distraction. Pursuant to a ruling of Mr. Speaker. the proceedings of House committees mfiy not be tt>levised. Som e Members have contended that this rnling-

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transgresses the traditional freedom of 1hc p!'ess. Against this Rrgument, however, it is claimed that television is still primarily an entertainm ent and not a true medium for the dissemination of news. Some Members consider that 1Rlevision tends towards present ing∑ the bizarr e, rather than the factual, and that it transforms hearings into carniva ls.

71. Each committee has the assistanc e of a large staff. Leg∑islative assistance is available as required from the Office of Legislativ e Counsel of each Hou se. In addition, comm itte es may ask assistance from the J ~eg islRtiY e R eference Senice of thr. Library of Congress. 'l'h e L.R.S. (as required ) assists committees in organizing hearings, mak es suggestions as to witnesses, order of business and subjects to be explored, and prepares reports and surveys on any given problem. (A more detailed statement of the services offered to committees by the J.1.R.S. is given in paragraphs 94 to 102.)

72. Each committee has its own meeting∑ room and administrative offices , either in the Capitol or in the Senate or House office buildings . Dnring a session of Congress, which normally commences in .January an cl lasts until about August, there are comm itt ee meetings most days.

73. Committees have executive and open ses~ions Within the limits of security, most hearings al'e public, and they are we ll-attended. Protests are quick when comm itt ees overdo the closed door sessions, as the following extract from tlw TV asl1 ington Po st, of the 23rd February, 1955, headed "Execnti,∑e Session", illustrate s-

" The emp hasis which the press has laid on the problems of access to news has led some persons to conclude, mistakenly, that this is a private battle in w hich the newspapers are asking special favours. Now two Senators, in arguing against dosed meetings of eongressional comm ittees, have put the emphasis where it belongs. This is a fight in behalf of abasia democratic principle. Unless public official s conduct the public's business in the open the voter is denied the knowledge he needs to make informed decisions at the polls. Senator Monroney said that Co ngress 'i s the people's branch' and has a responsibility to the people to act as far as possible in a goldfish bowl.

"Senator Humphrey argued that the closed door policy is setting a bad example for other governmental agencies and preventing; the press from fulfilling its basic responsibility. 'It is unfair', hP said, 'to crit icize the American press for lack of responsibility if we in turn try to mak e a gam e out of keeping information from the press.' The more congressiona l comm itt ees allow executive officials to speak off the record. the more those offi∑ cials will try to duck their rPsponsibili ty in other dealings with the :rmblic. This makes for irre sponsible reporting and leads to deceptions which the public should not tolerate."

74. Pursuant to the Legislative R e-organization Act of 1946, each standing ∑ committee of the Senate (including an:v snbcommittee of any snch committee) has power of subpoena. This power is not conferred by the Act on standing committees of the House of R epresentatives , with the exception of the Committee on Appropriations , the Committee on Government O perations, and the Committee on Un-American Activitie s. Each standing com mittPe of the Senate has its own funds and the comm itt ees may , with their permanent subpoena power, conduct r<>levant investigations within the limit of funds at

their disposal. (Th e 1955-56 Estimate for the expenses of .Senate inquiries and investigations was $1,224,120.) 75. Comm ittees are empowered to administer oaths to witnesses in any case under their examination.

76. Witnesses before Congressional committees are permitted to be accompanied by eounsel while testifying-, and counsel are permitted to advise their clients of their legal rights. It is "a matter of privileg e, not of right". A committee also has thp power to determine ∑whether a witness or his counsel m R~' cross-examine other witnesses.

77. Witnesses have a privilege against self-incrimination. The Fifth Amendment to the Con.stit ution states that "no witness shall be compelled in any criminal case to be a witness against himself". Thi" pri, ∑ ilegc is recogni7.ed as h11ving application to witnesses before Congressional committees.

78. If agreement is not reached on a Committee R eport, minority views can be printed.

CONTROL OF EXPENDITURE.

7n. A~ in Anstralia, no mon ey may be drawn from the Tr easu r~ r unless under appropriation made h~ ∑ lRw. Under the Constitution and by custom, reYenue and Rppropriation bills originate in the House

of RrpresrntatiY<'S. hut the Dnited States Senate ma~ ' propos:P amendme nts as on other bills. Ag∑ain as in Australia , thr Senate has the full pow er of veto in respect of all bill s.

80. The Budget is presented to Congress well in advance of the beginning of the financial year concerned. The United States Budget for the fiscal year beginning 1st July, 1955, was transmitt ed to Co ngre.∑ s by l\IpssRge of the President in January, 195f'l. Expenditure for the year was estimated at 62.4 hillion dollars.

SJ. Th e Bndg∑et i~ prepared by the Bureau of the Budget which is a unit, not -o-f the Tr eas m∑~ ∑ D epartment. but of the Execntive Office of the President. The Bureau assists the President in the discl1arg e of his budgetary. mana gement, ancl other executive responsibi liti es.

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82. 'rhe Budget is a voluminous∑ docum ent. It contains the President's recommendations for the work programm e and financial programme of the liovemment for 1 wclve llJOnth.-;. It also pre:-;en ts compa rable information for the two preceding fiscal years.

83. 'rhe Budget is notable for its wealth of explanatory statements.

84. The E stimates contained in the Budget are closely scrutiniz ed by th(' Hou se Co mmittee on Appropriation;,; (30 members ) and the Senate Committee on Appropriation .-; (:!3 S e nator~ ) . 'rhese committees conduct separate and not joint hearings.

85. The House Comm ittee on Appropriations-" is authorized, acting as a 'vhole or by any su b-cornn1ittee thel'eof appointed by the chairman fo1∑ ~he. purposes hereof an([ i~ accordall(' e with proredu 1∑ es authorisf'd by the comnuttee by a :.naJonty vote, to conduct stud1es and ex:~mntations of the oro∑anization and operation of . a~y executive de ~ar tn:ent. or other executive agency (including any agency the maJonty of the stock of w hlCh 1s owned by the Governm ent of the United States)

as it may deem necessary to assist it in the determination of matters 11∑ithin its juri sdiction∑ and for this purpose the commi ttee or any sub-committee thereof i s authorised to sit and net at' such times and place.s within the United States, whether the H ouse is in session has recessed or has adjourned, to hold such hearings, to require the attendance of such w itn ess~s, and the pr~d u ctio n

of such books or papers or documents or vouchers by subpena or otherwise, and to take such testimony and records as it deems necessary. 'nbpenas may bf' issued over the signature of the chairman of the comm ittee or sub-comm ittee, or by any person dcsig11atecl by him, and shall be served by such person or persons as the chairman of the comntittee or sub-committee m ay designate.

The chairman o£ the committee or sub-comm ittee, ot∑ any member thereof, ma y adm inister oaths to witnesses ." 86. 'l'he Senate Co mmittee on Appropriations has similar powers.

87. Extensive hearings are held before the committee;-; presen t. their reports aml r ec omm e ndatioiL~. These hearings provide one of the most effective opportuniti es for the exen:ise of legi.-;lati ve oversight by standing comm ittees.

88. Congress is in no way bound to appropriate the mon ey asked by the President in his Budget message. Congress, after considering the reports of tlw App1∑opriation committees, m ay appropriat e more than the Estimates ask for, refuse to appropriate any fnnds for particular items, or mak e any other modifications to the Estimates. ln addition, Co ngress 1nay place limitation s on the u;;,, of certain funds.

89. Proposals have been made in Congress that the Fed{'ral Budget should be placed ou a biennial basi.-;. It is contended that this would be to the advantage of both the Administration and Co ngress in that biennial appropriation s wou ld save time and mon ey in the preparation of the t>stimate ;-; and wou ld enable the Administratio n to plan their activities further ahead. Appropriation contmittee s, too, would han mo1∑e time and opportunity to make a thorough review of proposed expenditur e. Most of the 48 States have adopted the practice of biennial budgets.

CON'rROL OF R U LES A !\JD REGULATION S. 90. As in Australia, it is a w ell-established practice in the United States that principles go into an Act and the adm inistrativ e details necessary to give effect to those principles are largely left to rnles and regulation s. The complexity of government activitie s, rapidly changing conditio ns, and the need to lessen the burden ∑ on the legislature all have conspired to mal\e this development necessary.

91. In Australia, P arliam entary control of the rule-making pow er i f-> given statutory expression in the Acts Interpretation Act. Therein, provision is mad e that all regulations mu st be notifi ed in the Co 111monw ealth Ga zette, and 'be laid before each∑ Hon .':le within fift een sitting dayf.> of that Hou se after the making of the regulatio ns. Regulations not so laid before each House are void and of no effeet. If eitheT Hou se passes a resolution (of-w hich notice has been giYen within fift een sitting days after any regulation s∑ have∑ been laid before that Hou se) disall owing any of those regulation s, the regulations so

disallowed thereupon cease to have effect. In addition, all regulations laid on the 'l 'able of the Senate stand referred to the Senate Standing Committee on R egulations and Ordinances for consideration and, if necessary, report thereon. 92. Congress reli es on a numb er of safeguards in its control of rules and regulation s, including-

( a) the provisions of the Administrativ e Procedure A ct, which provides that, except in the case of defence, foreign affairs and certain other m atters, federal agencies must give give general notice in the F ederal R egister of proposed rule-making and afford interested partie s an opportunity to petition for the m aking, am endm ent or repeal of a proposed rule; (b) the requirem ent that administrative agencies shall submit reports giving an account of

their activiti es; (c) the investigations by Congressional co1umi tt ee~:> of the administrative agencies, at which hearings adm inistrators may be req n ired to testify; and (d ) Congress may by statut e repeal or var~∑ a rule or regulation mad e by a federal agency.

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93. Congress ha.s no committee similar to the Senate Standing Committee on R ¨gu lations and Ordm ances. B ut t he standing commi ttees of Congress exercise " continuous watchfulness" of the execution by the administra ti ,.e agencies of all laws. The spread of responsibility between those committees, with their investigative p o \ n~ r s, affords opportunity for close supervi sion of the exercise of the rule-making pow er.

L E G ISLA'riVE REFERENCE SERVICE OF THE LIBRARY OF CONGRESS.

94. The Library of Congress is the largest library in the world. It has more than ten million books; altogether it has 33,153,000 items , including manuscripts, maps, films and fine prints.

95. During 1954 there w ere 69,000 inquiri es from Congressmen. Most ofi these inquiries are answ ered by the Legislative R eference Service of the Library. The operating sections of this Service comprise the Am erican Law Section, the Congressional R eading Room, the Economics: Section, Foreign Affairs Section, Go vernment Section, History and G eneral ReseRrch Section, Library Services Section, and the Senior Specialists Section. In the latt er section , the subject fields currentl y represented are-

A griculture, Am erican Gov ernment and Public Administration , Conservation , Engineering and Public Works∑ , Housing, International R elation s, International Trade and Economic Geography, Labour, Law, Mon ey and Banking, Russian Affairs , Taxation and Fiscal Policy, and Transportation and Communications. 96. As at 1955, the L .R.S. had a staff of 152 lawyers, economists, political scientists , historians , librari ans, researchers and analysts , and a budget of $875,000 .

. 97. The services offered to Memb ers of Congress and to committees by the L.R.S. are " " l. R eseaTch and InfoT' rnation. (1) Thorough analysis of a problem facing Congress, typically including background l1istory, the various proposals for solution with indications of supporters and opponents,

the argum ents pro and con, factual information on key points in controversy. (2) Reports limited to any desired aspect of a problem-as for example, the 'pros and cons,' a survey of press or expert opinion, history of action in other countri es, &c. (3) Legal reports- such as surveys of Federal or State legislat ion on a . subject, legislative history of a given measure, arguments on the constitutionalit y of a bill , analysis of court decisions, &c.; the law in foreign countries on a given subject.

( 4) Evaluation s of reports or documents or recommendations ongmating in Gon;rnme nt agencies or outside organizations. (Recommendat ions are avoided, but points in question are ~ote d , tol? e th ~r with indications of the views of experts, &c.). ( 5) Locatm g . s p e c~fi c 1~form a ti o n- se ar c h es of new spapers, Congressional R ecords or other . d o c ~m 1ent~, I~ e n t ifi c a t .IOn of quotations, biographies, identifi cation and description of ~ r g ~n ~za t 10 n s , m tat10ns. to feder.al or state law, roll call votes, or the voting record of an md ividual M em ber (this last Will be done only for the M emb er concerned or with his perm iss ion). '

11. Statem ents faT Us e by JJIIem beTs of C ongress. O n . pa r t i c ~l ar request of a Memb er, statem ents will be prepared for specific use m connex10n with remarks on the floor or elsew here, releases of an historical or comm em orati ve nature, &c. These ma y be in the form of general or detailed outlines. or suggested drafts. In any case, instructions should be as detailed as possible to insure a report to m eet the M emb er's exact needs. A ny statement concerning politi cal issties w ill avoid partisan comm ent. III. Jlfiscellaneotts Services.

(1) Co nsultation on any subject w ithin the special comp etence of the L.R.S. staff experts-at either a M em her's office or the Library. (2) A ssistance in organizing hearings; suggestions as to witnesses, order of business. subjects to be explored.

(3) Co ngressional R eading R oom-M emb ers, their staff and fam ili es have use of this room .. A .desk .maJ: be reserved, if desired; staff. assistance is available. A brow sing collectiOn IS ma m t a~ ne cl of c ur r ~n t books, from whiCh M emb ers may also borrow . ( ~) Tr an s l at i ~n s for official u.se- from the m ore. frequently-met foreign languages.

( ::ª) Photostat m g, (a) for official use, photo-copym g is available without charo-e " "∑ ithin certain necessary financial limitations; and (b) for unofficial use or for ,~o r k bryoud the limitations noted, photocopying is supplied at stated rates. ' ( 6) Charts, graphs, and map s. Co nsultation and/or preparation according lo specifications in various media.

(7) Indexing of Comm ittee hearings or other docum ents.

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(8) Procurement of information from other Go,∑ emm ent agcmac .:; wlien }vlelllb er.:; of Co ngress prefer not to mak e direct contact. (9) Bibliographie s. IV. 8e'l'vic es fo1' Constituents.

(1) Miscellaneous information is supplied, especially when constituents do not have local faciliti es for research or have exhausted sam e. (2) Material on various subjects can frequently be supplied- from a small stock of surplus bulletin s, reprint s, clipping s, &c ."

98. In addition, the Service will draft Bills for an indiYidnal lviC'm ber if llc cannot get the assistan ce of the House or Senate legislativ e counsel.

99. The function of the L.R.S. is to serve Congress and to ltC'l p Members get the 'fact.s. Both )Iembers and committees are continuall y confronted 1rith com plex lJrobl em ,., upon w hieh they are supplied with the reports, opiniom; and recommendations of departmental expel'ts. To ao-;sist }{ em b e r. ~. the .IJ.R.S. will report on those problems by its own team of highly tl'ained speeiali sts. J u this wa.1∑ , M em ber;;

obtain an impartial presentation of the facts by experts who have no axe to grind. 'fhe result is that ::\Iembers of Co ngress, and more particularly Congres.oional committees, ha1∑e ;wailable on the one hanrl report;; of the Executive department<; , and on the other hand the reports of impartial experts. Experience ia \Vashington has shown that this Service, by presenting the facts without bia.:;, ha.-; made an important

contribution in effecting P arty rapprochement on eontroversia l questions.

100. Senior specialists in the L.R.S. are paid :;alaries on a par ll'i th those of the top specialists iu the Executive branch because, as a former Librarian expressed it-" the Library assumed that Members of Co ngress should be able to call upon scholarlj r research and counsel at least equal in competence to the research and counsel relied

upon by those who appear before Congressional committees. Neither the representatives of .Am erican business nor the representatives of the Yarious departments of government should be able to draw upon expert opinion superior to the expert opinion available to the Congress." 101. In addition to contributing to Party rapprochem ent on controversial questions awl facilitating the consideration of legislation , the L.H. ~ . with it.> wide l~ r re.speetecl reports materiall y as.<;ist.s in furthering the informing function of Congress.

102. In Congress, this informing function has !w en develoved to au impreso-;i ve degree, and it is a function which some American authoriti es believe should be preferred even to the legisl ative ftmctiou - see paragraph 123 (c).

PRIVILEGE .

103 . .Artiele I. of Section 6 of the Am erican Constitutio n provides that Senators ami H epresentativ es--" shall in all cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their rf'spective Hou ses, and in going

to and returning from the sam e; and for any Speech or debate in either Hou se, they shall not be questioned in any other Place. " 104. Then by Rule lX. of the Rules of the Hou se of Representatives it is provided-" Questions of privilege shall be, first, those affecting the right s of the Hou se collectively,

its safety, dignity , and the integrity of its proceedings; second, t he rights, reputation, and conduct of Members , individuall y, in their representative capacit y only; and shall have precedence of all other questions, except motions to adjourn." 105. 'fher e is no other declaration by Congres. <; definin g offences against Congress as such and providing for punishments therefor.

106. As at Westminster, the law of privilege in America is largely govemed by precedents, of which there are a great number described in "Hinds' and Cannons' Precedents of the H ouse of R epresentatives" . :B'or example, charges against the conduct of a Memb er have been held to involve privilege wh en they relate to his representativ e capacity; but when they relate to conduct at a time before he became a Member they have not been entertained as of privilege . Charges m a,de in newspapers against M em bers in their representative capacities involve privilege , eYen though the nam es of individual M emb ers be not given. But vague charges in new spaper article s, or even misrepresentations of the Member's speeches or acts, have not been entertained.

107. On a number of occasions in early American practice, persous charged with breach of privil ege, or witnesses charged with contempt of Co ngress for refusing to answer questions put to them by investigating eomm itt ees∑, were arraigned at the Bar of the H ouse concerned and censured, imprisoned or fined.

108. Present-day practic e, how ever, is to seek redre:-;s in the court.'>. A l\Iember may ra1se m Congress a question of privileg e and refute any charge ma de against him in, say, a newspaper. But the mod ern practice for any further remedy for breach of priYilege affect ing individual Members in their representativ e capacit y is to seek redress in the courts by bringing a civil suit for damages under the libel t:itat utes.

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iOU. A"' au illu;-;tra tion, .in 1941 a Senator considered that lJr had been libelled by two comm entators Ill a uation-widc radio broadcast. The Senator asked the local U nited States District Attorney for the ]Jrivileg e of going before the grand jury of the District of Co lumbia and seeking a criminal indictment nnder the libel la\r. 'l'h e District Attorney agreed to proceed, but the Attorney-General overruled him, ;,;tat ing-

" the very breadth of these provisions (of the libel statutes) wo uld justif y innumerable cases if the criminal processes were to be invoked in the case of all violations this criminal section of the District of Columb ia Code has not been used for substantially a generation to punish the publishe r of a libel instances have arisen in which members of the executive, the legislative, and the judicial departments have been libelled and a literal interpretation of the statute wou ld have justified prosecution. Such com plaint s have been considered, but my predecessors in this office have not attempted to invoke the criminal process because there is open 1o any person aggrim ed a civil action for libel in which punitive damages may be obtained. To use the pow er of the Go vemme nt in a campaign of this kind

would, in my opinion, discredit the law-enforcement agencies if unsuccessful, and, if successful, wou ld constitute embarrassment not consist ent with our support of freedom of the press. That this freedom is sometimes abused does not lessen the necessity for its protection. For these reasons I mu st adhere to the established policy of declining to prosecute criminal libel cases whe re there is open to the individua l civil rem edy and where there has been no breach of the peace or other public injmy done by the libel." (Congressiona l Record, vol. 87, Part 6, 77th Congress, 1st Session, 7th July, 1941, pp. 5830-5841).

llO. Contumacy by a person summ oned as a witn e s~ by a Congressional com mittee is usually dealt \rith by the courts as a misdem eanour under statut e law. A recent Senate report on the Congressional power of investigation makes this comment-" It is important to realize that the H ouse of Representatives has the pow er, for which

there is ample precedent, to conduct its O\Vll tria l of the contempt of witnesses before comm itt ees. This jurisdiction has been used in the past against recalcitrant parties, and although not frequently assum ed of late, it is nevertheless a selective course of action. In recent years it has been more common practice to deliver those charged with contempt to the proper tribuna ls for appropriate criminal action. The press of legislative affairs has 'prompted the Members to use the latt er procedure. This trend has resulted perhaps in a more ordinary and uniform dispensation of jmtice, and moreover it has relieved a busy legislative body of an additiona l task, but both have been at a sacrifice. Uudoubtcdly the prestige of the legislative branch of the Government wou ld be en hauced if it occasionall y handled the punishment of contempt in its own right. Forceful and determinate action to substantiate the powe r of Co ngress to compel disclosure of information pertinent to the legislative processes wo uld be a salutary caveat to prospective ma lefactors. It is belie, "cd that the present is a pro'})itiou s time for the Hou se and the Senate to energetically enforce its prcrogati ves."

lll. For privileg∑ e of witness against self-in crim ination, see paragraph 77.

CONCLUSIONS.

112. lu the cad y part of tl1is rep01t attention has been direct ed to the different system s of goYe mm ent in the United States and Australia- the respective Presidential and Cabinet forms of government. O ther consideration s which must be kept in mind in a comparison of the United States and Australian .Senates are-

( 1) 'l'h e Australian Senate was, to a degree, mode lled on the United States Senate, but the latter l1as since the establishm ent of frcleration in Australia undergone some functional ehange. Iu the beginning, the Un ited States Senate was conceived as the States Assembly to safeguard the inter ests of the federated States. 'l'wo Senators were appointed by each State Parliament, and such Senators \rere regarded as ambassadors of their respective States . In 1913, however, the seYenteenth amendme nt of the Co nstitution change"d the system of choice of Senators to direct election by the people. This factor, together with the economic integration of the country, has resulted in the Senate losing some of its identity as a States House, and Senators now tend to concentrate more on national rather than parochial i'Ssues. (2) Even in its very conception, t he case for a States Hou se was not as

uncompromising as m Australia. Australian States not only insisted on equal representat ion, but they went further and wrote into the Constitution a clause that when the votes in the Senate are equal a question shall

pass in the negative. The theory was that every law of the federation should have the assent of the States (as represented in the Senate) as we ll as of the federated people (as represented in the House of Representatives). 'fhe President of the Australian Senate has a deliberat ive and not a casting ∑ vote; if he were given a casting as well a.-; a deliberative Yote, hi '> State would haY e mo re than rqual representation . In the United

States, how ever, the States have never been as w ell protected. Superimposed on the

17

96 Senators is the Vice-Presid ent of the Un ited States \rho, by the term s of the Constitution , is P resident of the Senate \Yith the right to exercise a ca::;ting YOtr. In effect, therefore, a measure may pa<:s the Am erican Senate \rhich has not received the consent of a majority of the representativ es of the States. Indeed, 1\merican thought has got so far away from the principl e of equal 8tate voting strength that bill s haY e been offered in Con gress from time to time proposing the appointm ent of form er Pre::;ide nts and other distinguish ed citizens as Senatms-at-L arge \rith full voting∑ pow ers.

(3) The a;;cenclancy of the United States Senate O\∑er th0 Hou se of R eprescntatiYCs, for tile reasons-( a) The Senate has co-ordinate legislative po\\"ers \rith the H ouse of R cpre:;entati\∑es (except that the Hou se of R eprese11tatives has exclusive ])O\\ "Cr to originate

revenue and appropriation bills).

(b) Th e importance of the Senate's rxclusive po\l∑crs ( i) to consent or refuse to consm 1 L to treati es, (ii) to try persons impeaehecl, (iii) to confirm or refuse to confirm appointments made by the President, ancl (iv) to elect a Vice-Preside11t if no candidate has a majority of the electoral votes.

(c) 'l'h c relativ e unimportance of the exclnsive p o \\" e r. ~ of the H ouse of Jtcpresentatiws, namely, (i) to originat e nY enue and appropriation bill s, (ii) to impeach ciYi I officers, and (iii ) to elect a President if no candidate has a m ajority of the electora l votes. 'l'he exclusive right to originate mon ey bill s is rather empty

because the Senate must concnr in all mon ey bill s, which it m ay reject or am end as it sees fit.

(d) Being elected for six years, Senators can and do escape the restri ctions of localism to a greater degree than two-year term M emb ers of the Hou se of Representativ es.

(e) Although it is a Party Hou se like the Hou se of Representatives, t he Senate is a very independent Chamb er. Joint S e n a t e- Hou ~e caucus m eetings to mak e binding decisions on Party policy are not held. This indepencl {'ncc of action and expression is necessary to a full cliscila rge by a second Chamb er of its

important function as a Hou se of review, and the United States Senate gives an impressive performance in this regard.

(f) The smaller numb er of Senator:, affords them more and better opportunities for debate. The Senate, unless by unanimous consent, imposes no time limit to speeches, and there is no n lcvancy rule. House rules and procedure, how ever, are very rigid. The result is that Senate debates attr act more press and public attent ion than do debates in the Hou se. Furthermore, Senate proced urc presents more opportuniti es for the developm ent and rise of national personalities . ~

(g) The opportunity provided by the commi ttee system for Senators to put their talents and energies to work. ∑ Un ited States Senators are the hardest \rorkecl men in Congress. Each Senator serves on two standing commi ttees, and Representatives on one.

ll :1. With these consideration s in mind, the question to be answ ered i:;-What can the Australian Sc "nat c leam from the U nited States Senate which will add to its usefulness and pr e stige ~

ll4. 'l'he answer is additional functions. Th ese are discussed in paragraphs ll 9-124, but reference will first be mad e to the additional functions of the second Chamb ers of the United States, Canada and Great Britain.

ll 3. United States of Am c1∑ ica.- 'l'h e Senate of the United States has four exclusive po,rers-see p;m1graph 30. The mo st important of these are the treat.v and appointm ent po,rer;;". (a) Tn∑ aty Pow e1∑.-The cxclusiYe pow er to consrnt or rrfn,.;e to consent to treaties \ras Yestc(l in the Senate lH'rausP it wa .-; consiclcrecl by the fonndini-!∑ fat h l' r.~ that a popular body

sucl1 as the proposed Hou.-;e of R eprcscntatiw.-; \ras not fit for this po\l∑ er. It \\"a !; con ~> icl P r e d that the po,rer should be nsted in the Senate, ,,∑ ho>;c l\Iemb ers (until 1913)

\\∑ould be chosen by the State legislatures antl be comp o.-;cd of the " m o.st enlightened citi zen;;". 'l'h E' further provision that Senators .'dwn!cl bE' at least :30 year.s of age had for its objccti\∑ c that the pO\i∑ er should be \'rstec l in n1en \\∑ho had had time to form more mature judgm ent. Such m rn \YO!!lcl Lt " those \\∑ho b{'St unclcr:;t oocl the conntr.\∑ \ niltional interests. R epresentatiH'S \rc-t∑ c to be elE'cted for nnl.\ ∑ bro-year terms, \rith !he probability

that they \rould com e and go. The t r e at~∑ pom ";∑. t!Jc "refore, \\∑ as eom mittcd to Senator.-;

F.3800j56.-2

18

who, hecauS ¨ of their six-year terms, wou ld continue in office sufficient time to becom e perfectly acquainted with the country's national concerns. Moreover, the system of rotation of Senators guaranteed some constancy. Another point was that there were fears in the beginning that the President and the Senate may m ake treatie s without an equal eye to the interests of all the States. This fear of oppression was answered by the principle ∑ Of equal representation of all the .States in the Senate, and the stipulation of a two-thirds vote of the Senators pre.~ent for ratification of treaties .

(b) Appo∑ intrnent powe?-.-Th e requirem ent for the Senate's concurrence in appointments made by the President (numbering many thousands ea-ch year) was writt en into the Constitution as a check upon any spirit of favoritism in the President , and was intended to prevent the appointment of unfit characters from State prejudice, family connexion. personal attachment, or from a view to lJOpularity. 'l'h e Senate's eoncnrreuec in appointments, it was argued, \l∑ould make for stability in the adm inistration. The House of Representativ es was COJJsidered too fluctuating in memb ership, aml too num erous, to be a proper body for the exercise of the appointm ent power.

116. Cana,da.- The Senate of Canada also has a traditiona lly exclusive function. 'l'h e provinces of (~n e b e e and Newfo undland have no divorce jurisdi ction. Residents of those provinces seeking divorce

mn sL petition the F ederal Parliament for a Bill to dissolve a marriage. Traditionally, such petition s arc tOllsi flerecl, nnd public hearings held, by the Sellate Standing Comm ittee on Divorce. If adultery, desert ion or such other cause be proved by evidence, and if the Senate committee considers it expedient that the marriage be dissolved, a bill is brought in accordiugly. Although such bill mu st be passed by both Houses,

the Senate Divorce Committee has, by nmtom, what amounts to an exclusive function in connexion with the hearing of divorce petitions.

117. Great B1∑itain .-The Honse of Lords has an exclusive function as the supreme court of appeal J'rom other courts of justic e.

118. These ndditional functions of the secolltl Chambers of the United States , Great Britain an

] 19. 'l'he additional function suggested for the Australian Senate is a standing committee system 011 the Amer ican model to watch and apprais e the administration of the laws in certain defined fields of

governm entnl operations and to inform public opinion.

120. It is an axiom that-" On e of the mo st important functions of a legislature is to inspect and rCI∑ ie\\' the ndministration of the laws and the exercise of delegated powe rs by the Executi,∑ e branch of the Gove rnment." 1\t Wa shiugton, that function is discharged by standing committees of both Houses. 'l' hc "qncstion-and "

re,∑ie lr se .~s ion s" conducted by those comm ittees w itlt the heads of the Executive agencies arc notable. As thi1Jgs arc at Canbcrrn, howeve r, Parliamentary supervision of the Adm inistration and the accountability of the Admi nistration to Parliameu t stop wh (jn the Parliamentary sitt ings stop. That gap-it is about half tiH∑ y( "ar - could w ell b<' fill ed b,v tbe appointm ent of Sell ate committees, with pow er to act duri11g ncljont∑nm ents of the Parliament, and the gap not ldt to the press to fill as it is to-day.

121. ∑ with their longer terms of sen ∑ icc and greater freedom from localism , Senators are better equipped 1o sPn 'L' on standing committees thau short-te rm Heprcsentativcs who, for the mo st part, live in tlw slHtrlo"∑ of an approaching election antl arc likely to be pre-occnpied therewith. l<'urt hermore, it is suggested that 1"ilC' proposed standing committee function is an appropriate one for the Senate to be ;J ~ s ign e tl in the tlischarge of its accepted role a.':> a H onse of review. In support, it is snbmittecl that

the n∑, ∑ ie\\'ing function of the Senate should not be regarrlrd as limit ed to the review of proposed legislation s('nt to it by the lower Hou se. It is snggestNl that the reviewing function should be understood as m eaning not only the re,∑ie ,l∑ of proposed legislation but also the rcY icw of the execution by the Administrati on of t !Jc t "nacted legislation .

122. It h

that they tend to shift leadership and responsibili ty from the Executive: that they ma y interfere \rit!J ~Iini s t e rial control of departments.

i9

123. The answers to those arguments are-(a) Legislative surveillan ce of the Admiui:;tratiou is uut peculiar to the Presidential :,;,∑stem or government. It is exercised by P arli am ent iu the Ca binet form of govemmeut bY tlw instrument of- ∑

Debate on the Address-in-l~eply; Questions in the Hou se without notice and upon notice; Supply debates; Discussion of matters of urgency;# Motions for the disallowane e of Regulations m ade by the Executive under the delegated

authority of any Act; Debate on the motion for the adjournment of the House ; and Censure and other substantiv e m otions.

But Government activitie s and responsibilities to-day are so complex that it is questionable whether the Houses of Parliament themseh∑es are able in the time availabl e to them to discharge completely the function o1 scrutiny of all the ramification s of government. 'rhe suggestion is made that standing t:ommittees, in open session, could mak e a considerable

contribution to the Jis c:harge of this function in relati on to certain specified subject:;, particularly during adjournments of the Parliament. It would be the ultimate expression by Parliament of its watchdog function, which John Stuart 1\Iill (distinguished nineteenth century ∑writ er) described in these oft-quot ed words-

" Instead of tl~e function a ~∑ governing, for which it is radically unfit, the proper office of a representativ e assembly 1s to watch and control the government; to throw the light of publici ty on its acts; to compel a full exposition and justification of all of them which any one considers questionable; to censure them if found condemnable. and, if the men who compo se the govemm ent abuse their trust, or fulfil it in a mam w J∑ . w.hich conflicts with the deliberate sense of the nation, to expel them from office, and either expressly or virtually appoint their successors. This is surely ample pow er and security enough for the liberty of the nation "

(b) Committees have a legislativ e function - that is, to mak e recomm endations, where necessary, for improvem ents in the law . Expressed in another way, it m eans that committees permit expression and fnfilment to the maxim that "the best law is the one which is based upon the most widel:ipr ead human knowledge and proper ascertainment

of the facts". Applied to the functions of a House of review, this maxim has a special significance, particularly if it be read in the sense that the best revie-w is the one which is based upon the mo st widespread human knowledge and proper ascerta inment of tlll' facts.

(c) Committees also serve to inform the public. 'rhis particular duty is well expressed in tll t' following statement by former President Woodrow Wilson:-"It is the proper duty uf a representative body to look diligen tly into Cl"ery affair of government and to talk much about what it sees. It is m eant to be the eye'

and the voice, and to embod y the w isdom and will ∑ of its constitwm ts. Unless Cong res- " have and use every means of acquainting itself with the acts and the disposition of the administrative agents of the goyernment, the country mu st be helpless to learn how i 1 is being served; and unless Cong ress both scrutiniz e these things and sift them by CYe ry

form of discussion, the country m ust remain in emban assing, crippling ignorance u!' the very affairs which it is moo: ( important that it should understand and direct. Tllf' informing functi on of Congress should be prefen ecl even to its legislati ve function.∑ ∑

(d) Precedent in our own Parliament provides another answer, one example of w hich is tlw record of achievement of the wa r-time Joint Committee on Social Securit y. That committee made many suggestions for improvements and reforms in the field of soci

by the Social Services Minister of the clay, and his successors . Another example is tlw Senate Regulations and Ordinances Co mmittee, which since 1932 has watched the usc b\ the Executive of the rule-making powe r. The main reason for the establi shn1rnt oJ' t]; ∑ Committee was that individual l\'I rmb ers had neither the time nor the faciliti es a\∑ ailabl, " to them to make a detail ed examination of every regulation.

(e) The educational value to M emb ers of the committees. Again, there is a good ready-mad∑ example of this. There has been an authoritati ve note in foreign affairs debates in th " Australian Senate since the appointm ent of the Joint Committee on Foreig∑ n Aff11ir' Similarly, the Senate m emb ers of the Public A ccounts Committee have eomm amk noticeabl e attention and res]Wc1'. wh en addressing the Senate on matters ll'ithin tl1

purview of their committee.

F .3800/56.- 3

20

(f) Expert committees on particu lar subjects would develop, to which Ministers may br gratefu l to refer problems of long-term importance for inquiry and report. (g) The standing committee system would provide an admirable training ground for !::lenaton ; for Ministerial promotion.

(h ) Finally, in the concept of its functious under the Cabinet form of government, a committel' of the type proposed in this Report∑ is not policy making. That is not its province. Its concern is w ith administration. As the Public Accounts Comm itt ee watches public expenditure to see that value is obt ~ined for money spent, so other standing committees could watch and review administrative action to see that the laws are faithfully and

efficiently administered.

124. For the foregoing reasons, it is respectfully submitted for consideration that an additional function for the Senate is a standing ∑ committee system on the American model to watch and appraise the administration of the laws and to inform public opinion in relation to certain defined fields of govemmental operations, such as-

Ex-servicemen's Affairs. Industrial relations. Civil Defence. Immigration. National Development. Postal Services. Public Health. Social Services. Radio and Television. Shipping and Transport. Territories (Australian Capital 'l'e rritory, N orthern Territory, Papua and New Guinea, No rfolk

Island, Nauru and Antarctica).

125. Other comments made in the earlier sections of this Report relat e to " Biennial budgets, Control of rules and regulation s, Legislative Reference Service, Private Members' bills, Privilege , and Reference of bills to standing or select committees.

For reference, see "Contents " page and Index.

J. R. ODGERS, Clerk-Assistant.

21

SELE CT BIB LIOG RAPHY O N TH E U N ITE D STATES CO N GRESS .

SENATE.

(Compiled in the National Library.)

BARTH, ALLAN . Government by investigation. N.Y., Viking Press, 1955. BAILEY, STEPHE N KEMP . Congress at work. N.Y ., H olt, 1952.

BuRDETTE , FRANKLIN F. Filibust ering in the Senate. Princeton, Princeton UniY. Press, 1940. BuRNS, JAME S MAcGREGOR .. Congress on tria l: the legislative process and the administrat iYe state: [bibliog.J N.Y ., Harper, 1949. CHAMBE RLA IN, JOSEPH PERKIN S. Legislative processes: national and state [bibliog.j

App leton-Century [1936]

X.Y., D.

D AH L, RoB ERT ALLAN. Congress and foreign policy biblio g. N.Y., Harcourt, 1950. DESCHLER, LEWIS. Constitution. Jefferson's manual and rules of the Hou se of R epresentatives of the United States eighty-fourth Congress. Wash., U.S. Govt. Print. Off., 1955. ( 83rd Co ngress, 2nd Srssion, Hou se Document no. 507) Dnrocrc, MARSHAI.L EDWARD. Congressional Investigating Commi ttees [bibli og.J Baltimore, Johns H opkins

Press, 1929. DIMO CK, MARSHALL EDwARD. American government in action [by] :Marshall Edward Dimock and Gladys Ogden Dimock. N.Y., Rinehart [1949] GALLOWAY, GEORGE BARNES. Congress and Parliament, their organisation and operation in the U.S. and

the U.K. Wa sh., National Planning Association, 1955. (Planning Pamphlet no. 93) GALLOWAY, G EO RGE BARNES. The legislatiYc process in Congress [bibliog. J N.Y., Crowell, 1953.

GALLOWAY, GEORGE BARNES. Next steps in Cong rc;:sional reform [bibliog.] [Urbana] Univ. of Illin ois, Institute ofGovt. and Public Affairs [1952] (Edmund J. James Lectures on Government 1952) GRIFFITH, ER NES T STACY. Congress: its rontrwporary role. N.Y., N.Y. Un iv. Press, 1951. GRoss, BEI{TRAM M . The legislative struggle: a study in social combat. N.Y., McGraw-Hill, 1953. (McGraw

Hill Series in Political Science) HARRIS, JOSEPH PRATT . The advice and consent of the Senate: a study of the confirmation of appointments by the United States Senate [bibliog.J Berkeley Univ. of Calif. Press, 1953. HAYDEN, JOSEPH RALSTO N. The Senate and treati es, 1789-1817, the development of the treaty making functions

of the United States Senate--[bibliog.J N .Y ., MacMilhm , 1920. HoLT, WIU .IAM STUL L. Treaties defeated by the Senate: a study of the struggle between President and Senate over the conduct of foreign relations [biblio g.] Baltimore, Johns Hopkins Press, 1933. [ILLINOIS UNIVERSITY] Edmund J. James lectures on Government. Sixth Series. Urbana, Univ. of Illinoi3

Press, 1954. McCoNACHIE, LAuRos GRANT. Congressional Committees: a study of the origin and development of our national and local legislativ e methods [biblio g.J N.Y., Crowell [1898] :NlACLEAN, JOAN CoYNE. President and Co ngress: the conflict of powers [bibliog.J N.Y., Wilson, 1955.

MAcMAHON , ARTHUR W. "Congressional oversight of administration". Politi cal Science Quarterly, LVITT . (1943), 161-190, 380-414. MooRE, JosEPH WEsT. The American Co ngress: a history of national legislation and political evPnts, 1774-1895 [bibliog.] N.Y., Harper, 1895. P.\TUAN, WRI GH T. Our American Gov ernment, what is it? How does it function? 291 questions and

answers, 1953 ed., . . . Wash., U.S. Govt. Print. Off., 1953. (83rd Congress 1st Session. Senate Document _no. 52) PRICE, DoN K. "The Parliamentary and Presidential Systems". Pnblic Ad ministration R eview, Autnmn 1943, pp. 325-26. RmmcK, FLOYD M. The United States Co ngress organisation and procedure. Mana ssas, N a tiona! Capitol

Publishers [1949] SMITH, GEORGE HowARD. Congress in action: how a bill become s a law, by G eorge H . E. Smith and Floyd M. Riddick. 3rd Ed. Manassas, National Capitol Publishers, 1953. TAYLOR, TELl!'ORD. Grand inquest: the story of Congressional investigation s [bibliog .] N .Y., Simon and

Schuster, 1955. UNITED STATEs-Oongress-J oint Committee on Printing. Official Congressional directory for the use of the United States Congress. Wa sh., U.S. Govt. Print. Off. [latest eel. 84th Cong ress, lst session, March, 1955]

TJ.S.-Congress-H ovse- Committee on the htdiciary. The veto po"∑ er of the President by Charles J. Zinn, law revision counsel. Committee Print. W ash., U.S., Govt. Print. Off., 1952. TJ.S.-C ongress- Senate. Enactment of a law, procetl ure on a Senate bill, R ev. under direction of J. Mark Trice, secretary of the Senate, by Charles L . Watkins, Senate Parliamentarian. Wash., U.S. Govt. Print.

Off., 1953. (83rd Cong. 2nd session. Senate do '3um ent no. 55) U.S.-Congress-Sencde - Committee on Governnuml O perations. Activitie s of the Senate rommittee u~ ' Go vernment Operations. 83rd Co ngress. W asl1.. Govt. Print. Off., 1955. U .S.-C ongress-Senate-Committee on Go vernm ent Operations. Organisation of federal executive

departments and agencies. 83rd Co ngress. Wa sh .. Govt.. Print . Off., 1955. (Committee Report no. 15)

22

TJ.S.-CongrPss- 8enafe- Co mmitfee on Rnles and A dm.inislmiion . Rules of procedure for Senate investigating

c-omm ittees. R eport of the Co mmittee on Rules and adm inistration W ash., U .S. Govt. Prine. Off., 1955. (84th Cong ress, 1 t Session. Senate. R eport no. 1) L.S.- C'ongr∑ess-S enatc-Committee on Rules and A dm inislr∑ation . Senate manu al containin g the stanrli ng rules, orders, laws, and resolutions affecting the business of the Un ited States Senate Wa sh.,

(T.S. Go Yt. P rint. Off., 1953. 732 p. (83rd Co ngress 1st Session. Senate. Do cum ent no. 10) lT.S.-Congress-Scnate - Commitlec on Rnlcs and Administmiion . in the Senate of th'? United 8ratc.o; Wa oh ., U .S. G ovt. P .S.-Congress-Scnate- .Librm∑y . Factual camp aign information,

1954.

Standing rules for conducting business Print. Off., 1953. W ash., U .S. Govt. Print. Off.,

"C.S.-Congress-Senate - .Library. :Manner of selectmg delegates to national political conventions and t h~ nomination and election of Presidential electors. W ash., U .S. Govt. Print. Off., 1952. l T .,TTED STATEs-Constihdion. The U nited States Co nstitution; text with analytical index; unrati£. ed a mcndm ents. Wa sh., Govt. Print. Off., 1953. ( 83rd Con g. 1st Sess. H ouse docum ent no. 211) l T x ITED STA TEs-Emba ssy- Gr eat B riiain--United Stales Information Service. President and Congress.

The "checks and balances " : relationship betwer:,n the Am erican Ch ief Executive and the Congress, w ith notes on Co ngressional Co mmittee function s. [Lond., U.S.I.S., 1955.] L'aTED 8TATEs-.Libmry of Congress. An nual report of il1e Librarian of Congress, 1954. Wa sh., U.S. G oYt. Print. Off. lTl\TrEn STATEs -.Librar∑y of Congress. Library of Cong ress departmental and divisional manuals 110. 10:

Legislative R eference Service. Wa sh., 1950. fT.S.-.Libr∑m ∑ y of Congress-Legislative R eference Ser∑vice . C ongressional pow er of investigation: a study prepared at the request of William Langer, Cha i1man of the Committee cin the Judiciary. Wa sh., U.S. Govt. Print. Off., 1954. (83rd Co ngress, 2nd session. Docum ent no. 99) C S.- Libr∑ary of Congress-.Legislcbtive R efer-ence Service. Election law guidebook; 1952. Summary of

Federal and State L aw s regulating the nomination and election of U nited S1tates Senators. Wa sh., U.f:3. Govt. Print. O ft., 1952. (82nd Cong ress, 2nd session. Senate. D ocum ent no. 97) TT.S.- Stale, D ept. of. The U nited States of Americn, a goYernm ent by the people. [Wa sh., U.∑ S. Go vt. Print. Off., 1949] WA LKE H, J-L\ln'EY . I,aw making in the Un ited States. lbibli ogs.l N.Y., Ronald Press [1934] WrL sON , H. H uBEH T. Co ngress: corruption and.compromise. [bibliog s.J N.Y., Rinehart, 1951. IYJ LSON, W oonnow. Co ngressional Government: a fitudy in Am erican politic s. B oston, Houghton Mifflin

[1907]

You rw, RoL AND. Co ngressional politics and the second world war. N.Y., Colombia Univ. Press, 1956. Zm N, C HAl~L Es J. How our law s arc mad e. Wa sh., U .S. Govt. Print. Off., 1953. (83rd Cong ., 1st Segs. Hon se of R epresentatives, D ormm ent 110. 210)

23

INDEX TO SUBJECT AND PARAGRAPH .

c\.dditional functions of Second Chambe rs, 114-124. Administratio n-control of, 13 (c), 62 (c), 66, 87, 90-3, 115, 120-4 . . \.ppointments pow er, 30, 115 (b). A ustralian Senate-

Additional function suggested for, 119-124. Equal representation, 8, 112 (2). Functions, 8, 16, 112 (1), 112 (2), 121, 123 (a). :Modelled on U .S. Senate, 8, 112 (1).

Voting, 16, 112 (2). Biennial budgets, 89. Bills-Assent, 51.

Co nsideration, 31-51. Disagreements between the H ouses, 50. Legislative initiative, 13, 33. N umb er introduced, 32.

Origination of money Bills, 30, 79, 112 (3). Private Members', 32, 53-59. Procedure, 31-51. Public hearings, 37-40. Veto, 51. Bricker Amendment, 13 (c). Budget, 80-89. Ca biuet system of government-

Compatible with Co mmittee system-question of, 122-123. Executive selected from Members of Parliament, 11. Function of a committee under, in relation to Bills, 31, 52, 56-9, 121, 123 (b), 123 (d). Legis.lative surveillan ce of the Adm inistration under, 123. Canadian Senate-Standing Committee on Divorce, 116. Casual vacancies, 27. Caucus meetings on Party policy, 112 (3) (e). Checks and balances, 4-7. Comm itt ee system-

A daptability in A ustrali a to " Consider Bills, 52. Watch and appraise the administrat ion of the laws and to inform public opinion, 119-124. Budget scrutiny, 84-89. Chairman, 69. C ompatibility with Cabinet system, 122-123. Consideration of Bills, 31-52. Executive privilege, 65. Functions of Congressional comm ittees, 62, 120.

Informing function, 62, 123 (c). Investigat ive powers, 63-66, 7 4-78. List of comm itt ees, 67. Minority report s, 78.

Oaths to w itnesses, 75. Privilege against self-in crimination , 77. Public hearings, 73. Rules and regulations-control of, 90-93. Senators serve on two comm ittees, 68, 112 (3) (g). Seniority rule, 69. Subpoena power, 74. Televising of proceedings, 70. Wi tnesses-

Ad ministering of oath, 75. Co unsel, 76. Cross-examination of other witnesses, 76. Objection to televi sing of proceedings, 70. Privil ege against self-incrimin ation, 77. Conclusions, 112-124. Co nferences on Bills disagreed to, 50.

Cong ress-Co mpo siti on, 15-21. Co ntrols the purse, 12. Elections, 22-27. Exercise of pow ers, 12, 13. Influence of President, 12-13, 33.

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Co ngress- continued. Legislative initiative, 13, 33. Library of, 94-102. Ov ersight of administratio n, 13 (c), 62 (c), 66, 87, 90-3, 115, 120-4.

PowE:>r to declare war, 12. Powers, 28-30. Principle of tw o C hamb ers, 8. Shift of powe r to Executive, 12, 13. Co ntrol of administrat ion, 13 (c), 62 (c), 66, 87, 90-3, 115, 120-4. Co ntrol of expenditure, 79-89. D elegated legislation, 90-93. Disagreements between the H ouses on Bills, 50. Elections, 22-27. Executive-relation to Legislature "

A ustrali a, 11. United States, 4, 9, 11, 13. Executive Ag reem ents, 13 (c). Executive-oversight of, 13 (c), 62 (c), 66, 87, 90-3, 115, 120-4. Expenditure-control of, 79-89. Foreign A ffair s-Joint Committee (Australia ), L (e). Government-pattern of-

A ustralia, 11, 16, 52. U nited States, 1-14, 16, 52. " H opper", 34. H ouse of Lords- supreme court of appeal, J 17. H onse of R epresentatives-

Asc∑cnclancy of Senate over, 112 (3). Casual vacancies, 27. Compos ition, 18. Elections, 22-27. Exclusive powers, 30, 112 (3) (c). Mr. Speaker, 20. Powers, 28-30, 112 (3) (c). R epresentative character, 8, 18

R epresen ta ti ves-a t-large, 18. T erm of M em bers, 19. Judiciary, 4, 10. Legislative initiative, 13 (a), 32, 33. Legislativ e powers, 28-29, 112 (3). Legislative R eference Service, 95-102. Legislative Reorganization Act of 1946, 62, 7 4. Library of Congress, 94-102.

O versight of Executive, 13 (c), 62 (c), 66, 87, 90-3, 115, 120-4. Pattern of government-A ustrali a, 11, 16, 52. Un ited States, 1-14, 16, 52. President "

Choice, 9. Executive pow er, 6, 9, 11-14. Influence on Co ngress, 12-14, 33. Not a member of Congress, 9. P osition not dependent on prevailing majority in Co ngress, 11. V eto pow er, 6, 51. President of Senate, 16, 112 (2). Presidential system of government, 3-14. Private M emb ers' Bills, 32, 53-59. Privilege--

Congress, 103-109. Congressional committees, 65, 77, 110. Public Acco unts Co mmi ttee (Australia) , 123 (e), 123 (h). R egulations and Ordinances Comm itt ee (Australia) , 91, 123 (d). R elevancy, 112 (3) (f). R cpresenta ti'l" es-a t-large, 18. R eYiewing function of Second Chamb er, 121, 123 (b).

Ru les and regulati oJ:.B-cont rol of, 90-93. Second Chambers-addit ional functions of. 114-124.

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Senate-Appo intments power, 30, 115 (b). Ascendancy over Hou se of R epresentative s, 112 (3). Casual vacancies, 27. Co mparison with Australia, 8, 16-17, 112. Co -ordinate legislative powers, 28, 112 (3) (a). Elections, 22-27. Equal representation of States, 8, 16, 112. Exclusive powers, 30, 112 (3), 115. Functions, 8, 16, 112.

House of review, 112 (3) (e). Independent Chamber, 112 (3) (e). Legislative powers, 28-30. Money bill s-may propose amendments to, 79.

veto, 79.

President, 16, 112 (2). Relevancy, 112 (3) (f). Senators-at-large, 112 (2). Treaty power, 13 (c), 30, 115 (a).

Voting, 16. Senators-At-large, 112 (2). Election, 17, 112 ( 1).

Escape restrictions of localism, 112 ( 3) ( cZ), 121. Serve on two comm itt ees, 68, 112 (3) (g). T erm, 17. Time limit to speeches, 112 (3) (f). Seniorit y rule, 69. Separation of powers, 4-14. Social Security-Joint Committee (Australia), 123 (d). Speaker, Mr., 20.

Televising of oommittee proceedings, 70. Treaty powers, 13 (c), 30, 115 (a). Veto power in relation to Bills, 51. Vice-President of the United States-

Is President of the Senate, 16, 112 (2). Not a Senator, 16. Vote, 16, 112 (2). War-power of Congress to declare, 12.

Witnesses before Congressional committees " Administering of oath, 75. Counsel, 76. Cross-exam ination of other witnesses, 76.

Objection to televising of proceedings, 70. Privilege against self-in crimination, 77.

l'rin ted

A . J. Aln'IH JH, Commonwealth Government Printer, Canberra.