Legislative: Lower Houses of Government

Political Studies: Edexcel A Level, topic 17.2.4

Concepts of Federalism and Devolution

The UK has a devolved system of government, and the US has a federal system of government.

The US Constitution has set up a federal system where power is divided between the national government and state governments, which are constitutionally sovereign within their own spheres, with federal supremacy under Article VI.
Articles I to IV of the Constitution outline the different powers of the federal government and the states.

The UK has a devolved system of government where the central government has some powers whilst other powers are granted to Scotland, Wales and Northern Ireland.

Federalism and devolution aim to provide powers at the local level to local and regional communities.
The Scotland Act 1998, Government of Wales Act 1998 and Northern Ireland Act 1998 established devolved legislatures in Scotland, Wales and Northern Ireland.
Each US state has its own system of government with a governor and state legislature which makes laws on state issues, and a state supreme court which adjudicates on state law.

In federalism, the state and central government are constitutionally sovereign within their own areas, whilst in a devolved system, the central government remains sovereign and devolved powers are granted by Parliament.
In federalism, the national and state government have their own specific powers, with some powers shared.
In a devolved system, the national government agrees to give powers to the devolved governments.

The lower chambers of the legislative branch are the UK House of Commons and the US House of Representatives.

Direct scrutiny of the executive can only take place through standing committees.
The president rarely appears before a committee to give evidence.

The legislative power of the House is limited because it has equal law-making powers to the Senate.
Legislation often fails to pass into law because the House and Senate must both agree to final legislation.
Increased partisanship has led to gridlock, where legislation fails to pass because the Senate, House and presidency are controlled by different parties.
Few bills were passed into law under President Obama when there was divided government for six of his eight years as president.

The government has too much control over the legislative process.
The government uses party whips to ensure MPs follow the party line when voting on bills.
Whips are also present in Congress.
Private Members’ Bills, which are introduced by backbenchers, often fail to become law.

Scrutiny of the government is not always effective.
Prime Minister’s Questions is labelled ‘Punch and Judy’ politics because it is a shouting match between politicians rather than an effective means to hold the government to account.
MPs ask planted questions at Prime Minister’s Questions to make the government appear strong in front of the public.