The constitution of the two Houses is manifestly borrowed from the model of the United States; but it is apparent that the Council of States does not so closely correspond with the Senate of the United States as the National Council does to the House of Representatives. It has no such clearly-defined character as the Senate in distinctively representing the federal feature of the union between the Cantons. For the mode in which its members shall be elected, the qualifications which they shall possess, the length of time which they shall serve, the salary which they shall receive, and the relations they shall bear to those whom they represent, in fact, every element of their character as representatives is left to the Canton, and a great variety of provisions prevail.[32] The small Cantons in which the people assemble annually (Landsgemeinde) have their members elected by this assembly, by the raising up of hands for such or such a candidate. In other Cantons, including Zurich, Thurgau, and Basel-rural, the whole Canton forms but one district for the nomination of the members; the votes are deposited in the ballot-box of the Commune, and are collected and counted by a cantonal board. In the Cantons having the representative system, such as Geneva, Freiburg, Ticino, and Bern, they are chosen by the cantonal legislative body. The terms of the members vary from one to three years; twelve Cantons elect for one year, twelve for three years, with Valais holding to the mean of two years. Their compensation, paid by the Canton, is the same as that received by the members of the National Council, with the exception of Geneva, where it is double the amount, or forty francs. When serving on committees during recess, the members of the Council of States are paid by the Confederation. The Vice-Chancellor serves as Secretary of the Council of States.
The Council of States has no special executive powers apart from the National Council like the United States Senate; which in some respect give that body a further strength and dignity of its own. The Swiss Senate rests solely on its general position as one necessary element of the federal system. The two branches of the Assembly are co-ordinate, standing in all respects on an equal footing. The work of each session, so far as known at its opening, is divided between the two Houses by a conference of their Presidents. The right of initiative belongs to each House, and to each member of the Assembly. There may be a shade of superior consequence and dignity attaching to the National Council. It is designated first in order by the Constitution, it has a fixed term of service, and when the two Houses are in joint session, the President of the National Council takes the chair. In the National Council are to be found the more ambitious and active men in political life, for the members of the Federal Council are sure to be chosen from this body. The members of both Houses equally enjoy the usual privileges and immunities of members of representative bodies. The two Houses act separately in all strictly legislative matters; coming together for deliberation in common only for the exercise of certain electoral and judicial functions.
The powers of the Federal Assembly are thus set forth in the Constitution
1. The National Council and the Council of States have jurisdiction over all subjects which the present constitution places within the competence of the Confederation, and which are not assigned to other federal authorities.
2. The subjects which fall within the competence of the two Councils are particularly the following:
Laws pertaining to the organization and election of federal authorities.
Laws and ordinances on subjects intrusted by the Federal Constitution to the Confederation.
The salary and compensation of members of the federal governing bodies, and of the Federal Chancellery; the establishment of federal offices, and determination of their salaries.
The election of the Federal Council, of the Federal Tribunal, of the Federal Chancellor, and of the General of the Federal Army.[33]
Alliances and treaties with foreign countries, and the approval of treaties made by the Cantons between themselves or with foreign powers; such cantonal treaties shall, however, not be submitted to the Federal Assembly, unless objection be raised to them by the Federal Council or by another Canton.