What is now the actual work of these two chambers in Congress, and how do they carry it on? The work cannot be wholly separated from its manner of performance. Perhaps the essentials of this peculiar task and method could be brought together as follows: on the basis of committee reports, Congress decides whether or not to accept bills which have been proposed by its members. This is indeed the main part of the story. Congress thus passes on proposed bills; its function is purely legislative, and involves nothing of an executive nature. On the other hand, these bills have to be proposed by members of Congress; they cannot be received from the President or from members of his Cabinet. Thus the Executive has no influence in the law-giving body. The method of transacting business, finally, consists of laying the emphasis on the deliberations in committees, and it is there that the fate of each bill is virtually settled. The committee determines whether the proposed measure shall come before the whole House; and both House and Senate have finally to decide about accepting the measure. Each of these points requires further comment.
So far as the separation of the legislative and executive functions of the government is concerned, it is certainly exaggeration to say that it is complete, as has often been said. There is, to be sure, a somewhat sharper distinction than is made in Germany, where the propositions of the Executive form the basis of legislative activity; and yet even in the United States the ultimate fate of every measure is dependent on the attitude taken by the President. We have seen that a bill which is sent by Congress to the President can be returned with his veto, and in that case becomes a law only when on a new vote in both Houses it receives a two-thirds majority. A law which obtains only a small majority in either one of the Houses can thus easily be put aside by the Executive.
On the other hand, Congress has a very important participation in executive functions, more particularly through the Senate, inasmuch as all appointments of federal officers and the ratification of all treaties require the approval of the Senate. International politics, therefore, make it necessary for the President to keep closely in touch with at least the Senate, and in the matter of appointments the right of the Senators to disapprove is so important that for a large number of local positions the selection has been actually left entirely to the Senators of the respective states. The Constitution gives to Congress even a jurisdictional function, in the case that any higher federal officers abuse their office. When there is a suspicion of this, the House of Representatives brings its charges and the Senate conducts the trial. The last time that this great machinery was in operation was in 1876, when the Secretary of War, Belknap, was charged and acquitted; thus suspicion has not fallen on any of the higher officials for twenty-eight years.