Simone Lawson
The United States Constitution does not allow for the dissolution of Congress. However, there have been instances in history where the idea of dissolving the US Senate has been proposed. In 1901, freshman Representative Victor Berger of Wisconsin introduced a resolution to amend the Constitution to dissolve the United States Senate, stating that it had become an obstructive and useless body, a menace to the liberties of the people, and an obstacle to social growth. The resolution, H.J. Res 79, aimed to vest all legislative powers in the House of Representatives, eliminating the President's veto power and the court's ability to invalidate laws. While this proposal did not succeed, it highlighted Progressive reformers' efforts to make the government more democratic and change the method for electing US Senators. In other countries, such as Japan, Peru, and Finland, there are mechanisms in place where the head of state or government can advise or initiate the dissolution of parliament or specific houses, although the processes and requirements vary.
| Characteristics | Values |
|---|---|
| Dissolution of Congress | Not allowed |
| Prorogation by the President | Allowed |
| Amendment to the Constitution | Allowed |
| Amendment proposal | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures |
| Amendment ratification | Requires three-fourths of the States (38 of 50 States) |
| Amendment certification | Formal proclamation by the Archivist, published in the Federal Register and U.S. Statutes at Large |
| Dissolution of the House of Representatives | Can be dissolved at any time by the governor-general on the advice of the prime minister |
| Dissolution of the Senate | Can only be dissolved along with the House of Representatives (double dissolution) and only in limited circumstances |
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What You'll Learn
The US Constitution cannot be dissolved
The United States Constitution does not allow for its own dissolution, nor does it allow for the dissolution of Congress. The Constitution can only be amended, and even then, only through a stringent process.
The US Constitution has been amended 27 times, and the authority to do so is derived from Article V of the Constitution. Amendments may be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Congress proposes amendments in the form of a joint resolution, which does not require the President's signature or approval.
Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. The Archivist delegates many of the duties associated with this function to the Director of the Federal Register, who adds legislative history notes to the joint resolution and publishes it. The Director also assembles an information package for the states, which includes formal copies of the joint resolution and other relevant documents.
For an amendment to become part of the Constitution, it must be ratified by three-quarters of the states (38 out of 50). Once the required number of authenticated ratification documents is received, the Director drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the Nation that the amendment process has been completed.
While there have been proposals to amend the Constitution to dissolve the United States Senate, such as H.J. Res. 79 introduced by Representative Victor Berger of Wisconsin, these have not gained traction. The resolution introduced by Berger stated that the Senate had "become an obstructive and useless body, a menace to the liberties of the people, and an obstacle to social growth." However, it received no action and died at the end of Congress.
In summary, while the US Constitution can be amended, there is no provision for its complete dissolution. The process of amending the Constitution is deliberate and rigorous, requiring supermajority support in Congress or among state legislatures, ratification by three-quarters of states, and certification by the Archivist of the United States.
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Amendments must be proposed by Congress
Freshman Representative Victor Berger of Wisconsin introduced a resolution to amend the Constitution to dissolve the United States Senate. H.J. Res 79 stated:
> "Whereas the Senate, in particular, has become an obstructive and useless body, a menace to the liberties of the people, and an obstacle to social growth. All legislative powers shall be vested in the House of Representatives. Its enactments, subject to referendum, shall be the supreme law, and the President shall have no power to veto them, nor shall any court have the power to invalidate them."
The resolution, if passed, would have transformed Congress into an all-powerful unicameral legislature. For decades, reformers had agitated for changing the method for electing US senators—from elections by state legislatures to direct election by the people. This became a central cause of Progressives seeking to make the government more democratic.
Berger's proposal was meant to draw attention to this cause. "The Senate has run its course," Berger asserted, "It must someday, as with the British House of Lords, yield to the popular demand for its reformation or abolition." While many laughed at the resolution, the Milwaukee Congressman insisted that "Our Constitution is really a hindrance to any reasonable growth in our public life, and it should be changed."
Referred to the House Judiciary Committee, H.J. Res. 79 received no action and died at the end of Congress. Even if it had passed the House, it would have had no prospect of consideration in the Senate. The Constitution requires both houses of Congress to approve all constitutional amendments before they are sent to the states for ratification.
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Amendments require a two-thirds majority vote
The Constitution of the United States is a source of pride for the country, with its commitment to the rule of law and the liberties it guarantees. It is not a static document and can be amended, but this requires a rigorous process. Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This is a significant hurdle, requiring broad support for any proposed changes to the foundational document of the nation.
The process begins with a joint resolution, which is then forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR plays a crucial role in this process, adding legislative history notes to the joint resolution and publishing it in slip law format. It also assembles an information package for the States, providing formal copies of the joint resolution and related materials.
Once the proposed amendment has gone through this process, it is sent to the states for ratification. Here, the high threshold for approval continues, as a proposed amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This ensures that any changes to the Constitution reflect the will of a significant majority of the country and protect against hasty or partisan changes.
While there have been proposals to amend the Constitution to dissolve the United States Senate, such as H.J. Res. 79, introduced by Representative Victor Berger of Wisconsin, none have gained sufficient traction. This resolution, which aimed to transform Congress into a unicameral legislature, was seen as farcical by many and did not receive approval. It is important to note that any proposal to amend the Constitution, including those seeking to dissolve a branch of government, must follow the established process, requiring broad support and ratification by a significant majority of states.
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Amendments are ratified by three-fourths of States
The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. The framers of the Constitution intentionally made it a challenging process to amend the document. As a result, the Constitution has been amended only 27 times since it was drafted in 1787. The first 10 amendments were adopted four years later as the Bill of Rights.
Amending the US Constitution is a complex and lengthy process. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. An amendment can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, it can be proposed by a constitutional convention called for by at least two-thirds of the State legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention to date.
Once an amendment is proposed by Congress, it is forwarded directly to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it. The OFR also prepares an information package for the States, which includes formal "red-line" copies of the joint resolution and copies of the joint resolution in slip law format.
The Governors then formally submit the amendment to their State legislatures. When a State ratifies a proposed amendment, it sends the Archivist an original or certified copy of the State action, which is conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody.
A proposed amendment becomes part of the US Constitution as soon as it is ratified by three-fourths of the States (38 out of 50 States). The OFR retains the ratification documents until an amendment is adopted or fails, after which the records are transferred to the National Archives for preservation. In some cases, States have sent official documents to NARA to record the rejection of an amendment or the rescission of a prior ratification.
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The President cannot dismiss Congress
In the United States, the President does not have the power to dismiss Congress. While there have been calls for the US Constitution to be amended to allow the President to dissolve Congress, this has not been implemented. For example, in 1901, freshman Representative Victor Berger of Wisconsin introduced a resolution to amend the Constitution to dissolve the United States Senate. However, this resolution did not pass.
The US Constitution establishes a system of checks and balances between the branches of government, including the executive branch (led by the President) and the legislative branch (Congress). The Constitution does not grant the President the authority to unilaterally dismiss Congress. Doing so would disrupt the balance of powers and potentially lead to an abuse of power by the executive branch.
It is important to note that in some other countries, the head of state or government does have the power to dissolve the legislature under certain circumstances. For example, in Peru, the president can dissolve the Congress if a vote of no confidence is passed three times by the legislative body. Similarly, in Romania, the President may dissolve Parliament if it rejects two consecutive prime minister candidates. However, these powers are typically subject to specific conditions and constraints, and they do not exist in the US system.
While some have argued that granting the US President the power to dissolve Congress could encourage legislative action and provide a mechanism to resolve gridlock, others caution that it could lead to abuse and one-sided decision-making. There is a concern that the President could dissolve Congress to escape investigation, prevent a veto override, or reshape Congress to their advantage. Additionally, members of Congress may become less willing to cooperate with a President who has the unilateral power to dismiss them.
In conclusion, the US President cannot dismiss Congress. While there have been discussions and proposals to amend the Constitution to grant the President this power, it has not been adopted. The US system of government is designed to balance powers and prevent unilateral actions by any single branch. While providing the President with the power to dissolve Congress may offer some advantages, there are also significant risks and concerns associated with such a move.
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Frequently asked questions
The US Constitution does not allow for the dissolution of Congress. Instead, it allows for prorogation by the President of the United States when Congress is unable to agree on a time of adjournment.
The authority to amend the Constitution comes from Article V of the Constitution. Amendments can be proposed by Congress with a two-thirds majority vote in both the House and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Once an amendment is proposed, the Archivist of the United States is responsible for administering the ratification process. An amendment becomes part of the Constitution when it is ratified by three-fourths of the states (38 out of 50).
Yes, in 1901, freshman Representative Victor Berger of Wisconsin introduced a resolution to amend the Constitution to dissolve the United States Senate. The resolution, known as H.J. Res 79, stated that the Senate had become "an obstructive and useless body, a menace to the liberties of the people, and an obstacle to social growth". However, the resolution did not receive any further action and died at the end of the Congress.
No, the US President does not have the authority to dissolve Congress. The presidential authority to prorogue Congress has never been used.
The process of dissolving parliament can vary across different countries. For example, in Japan, the House of Representatives can be dissolved at any time by the emperor on the advice of the Cabinet, headed by the prime minister. In Peru, the president can dissolve Congress if a vote of no confidence is passed three times by the legislative body. In Finland, the president can dissolve parliament upon the proposal of the prime minister and after consultations with parliamentary groups.
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