Monday, June 22, 2020

Bedrock of US Democracy: Checks and Balances of Governing Branches

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Aditi Mohta

Article Title

Bedrock of US Democracy: Checks and Balances of Governing Branches

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Global Views 360

Publication Date

June 22, 2020

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The US Capitol, Washington

The US Capitol, Washington | Source: Martin Falbisoner via Wikimedia

When the American Revolution ended in 1783, the United States Government was in a state of flux. The founding fathers (George Washington, Thomas Jefferson, Benjamin Franklin, John Adams, Alexander Hamilton, John Jay, and James Madison) did not want to establish another country that was ruled by a king. The discussions were centered on having a strong and fair national government that protected individual freedoms and rights and did not abuse its power. When the new Constitution was adopted in 1787, the structure of the infant government of the United States called for three separate branches of government, each with their powers and systems of checks and balances. This would ensure that no one branch would become too powerful because the other branches would always be able to check the power of the other two. 

The legislative branch is described in Article 1 of the US constitution. It has 100 US senators (two for each state), and 435 members in the House of Representatives, which is better known as the US Congress. Making laws is the primary function of the US Congress, but it is also responsible for approving federal judges, US Supreme Court justices, passing the national budget and declaration of war.

The executive branch is described in Article 2 of the US Constitution. The leaders of this branch of government are the President and the Vice President. They are responsible for enforcing the laws the Congress sets forth. The President works closely with a group of advisors known as the Cabinet. They assist the President in making important decisions within their areas of expertise, like defense, the treasury and homeland security. The executive branch also appoints government officials, commands the armed forces, and meets with leaders of other nations. 

The third branch of the US government is the judiciary and is detailed in Article 3. This branch comprises all the courts in the land, from the federal district courts to the US Supreme Court. These courts interpret the nation's law and punish the ones who break them. The Supreme Court settles disputes amongst states, hears appeals from states and federal courts and determines if federal regulations are constitutional. 

Separation of powers in the United States is the backbone of the Checks and Balances System which provides each branch of the government with special powers to check the other branches and prevent any branch from becoming too powerful. Congress has the power to make laws; the President has the power to veto them, and the Supreme Court may declare the laws as unconstitutional. If both the houses of the Congress have a ⅔ majority, they can override the President's veto. The idea of checks and balances is that it is not enough to separate the powers and guarantee the independence of three branches but also that each branch needs to have the constitutional means to protect the system in case of overreach by any other branch. 

 The Check and Balances system also provides the branches with special powers to appoint or remove members from other branches. Congress (Senate and House of Representatives) can impeach or convict the President of high crimes like bribery or treason. The House of Representatives has the power to bring impeachment charges against the President, and the Senate can convict and remove the President from office. Supreme Court candidates are appointed by the President and confirmed by the Senate. Judges can also be removed by impeachment in the House of Representatives and conviction in the Senate. 

The legislative branch, which consists of the Senate and House of Representatives, passes bills, controls the federal budget, and has the power to borrow money on credit on behalf of the United States. It also has the sole authority to declare war, as well as to raise and regulate the military. It oversees, investigates and makes rules for the government and its officers. The Senate can ratify treaties signed by the President and give advice and consent to presidential appointments to the federal judiciary, federal executive departments and other posts. It also has the sole power of impeachment (House of Representatives) and trials of impeachment (Senate). 

The executive branch consists of the President and the Cabinet. The President is the commander-in-chief of the armed forces, executes the instructions of the Congress, may veto bills passed by Congress (but the veto may be overridden by a two-thirds majority of both houses), perform the spending authorized by the Congress, declare emergencies and publish regulations and executive orders. They make executive agreements which do not require ratification and sign treaties, which require approval by the ⅔ of the Senate. They also have the power to make a temporary appointment during the recess of the Senate and can grant "reprieves and pardons for offenses against the United States, except in cases of impeachment."

The Judiciary determines which laws Congress intended to apply in any given case, exercise judicial review and review the constitutionality of laws, determines how Congress meant the law to apply to disputes and determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process.

The system of Checks and Balance was designed and implemented by the founding fathers with such diligence that even after more than 225 years, it is still effective in preventing undue outreach by one of the three branches.

Note: Sites that have been referred to: 

  1. https://www.law.cornell.edu/wex/separation_of_powers_0
  2. https://avalon.law.yale.edu/18th_century/fed48.asp
  3. https://www.britannica.com/topic/Congress-of-the-United-States
  4. https://www.britannica.com/topic/House-of-Representatives-United-States-government
  5. https://www.britannica.com/topic/Constitution-of-the-United-States-of-America
  6. https://www.britannica.com/topic/executive-government
  7. https://www.britannica.com/topic/checks-and-balances

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February 4, 2021 5:10 PM

How is Nigeria fighting Boko Haram

It was in the 2000s that Nigeria first faced the threat of Boko Haram, the affiliate of Islamic State in Africa. As President Muhammadu Buhari completes five years of being in power, which he got primarily for his plank of defeating Boko Haram, the battle still continues.

Buhari won the presidential election in 2015 against then President Goodluck Jonathan by touting his military background as an asset in defeating Boko Haram, which his predecessor was not able to do. While in his first few months as President he did show results by pushing Boko Haram out of some territories, the Nigerian military was unable to maintain the momentum as Boko Haram struck back with new tactics.

General Muhammadu Buhari, President, Nigeria | Source: Chatham House via Wikimedia

There is widespread distrust towards government officials and Buhari’s popularity has also eroded massively. The citizens are making their dissatisfaction known through anti government demonstrations. Meanwhile the administration seems busy playing blame games and guessing at where things are going wrong in the military’s efforts to contain the violence.

In June 2020, Nigeria saw one of its deadliest attacks in recent times, a hard turn from claims by the military in April that a Boko Haram leader appeared ready to surrender “based on body language.”

Boko Haram which means "Western education is prohibited" in the local Hausa dialect, first began in 2002 under Muhammad Yusuf. They called shunning the western influence in the social sphere and called  for the enforcement of sharia even among non-Muslims. Its leader Mohammad Yusuf was killed in police custody in 2009. However the government authorities failed to utilise this opportunity and showed slackness in rehabilitating the group members, who moved underground, regrouped under new leadership, and continuing to terrorise even larger areas.

Image of Boko Haram terrorists | AK Rockefeller via Flickr

Many factors have been considered in piecing together what led to the creation of Boko Haram and how its existence has been sustained, ranging from support from ISIS, ability to internationalize as a group, and possible assistance from Libya.

The US and Europe have been seen as reluctant to extend any real aid, perhaps due to Nigeria’s oil reserves and a desire to keep African countries destabilised to maintain their neo-colonial stronghold in the region. Internally, corruption and laxity in action of troops has often been cited as big hurdles in controlling the situation.

Two Boko Haram vehicles destroyed. | Source: M. Kindzeka via Wikimedia

As for solutions, many have turned their focus towards rebuilding communities in the aftermath of thousands of people being murdered and displaced due to the ongoing violence. Not just civilian casualties, but a disastrous lack of necessities such as food, water and electricity is leading to a humanitarian crisis in the area falling in the conflict zone between Boko Haram and the military.

President Buhari currently seems slow to admit that Boko Haram cannot be “defeated on the battlefield alone.” Apart from improving the military’s response he must also take measures for alleviating poverty, destroying corruption and ‘de-radicalisation’ of those recruited into Boko Haram.

Some localised efforts are being taken to stabilise the situation by empowering communities to resolve conflicts, improving civil infrastructure, and reintegrating reformed militants.

However, localised efforts are short-term in nature, and their stability and success is greatly determined by the government which understands that more than killing the attackers, trust and active participation of its citizens is needed to resolve this conflict

The impact of Boko Haram on the people of Nigeria has been multifold, and the arsenal to ‘defeat’ Boko Haram must be expanded and redefined.

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