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 5:06 PM

Environmental Impact Assessment (EIA) 2020: Why the draft is being opposed in India?

The Ministry of Environment, Forest and Climate Change (MoEFCC) sent a shockwave through the country when it released the Environmental Impact Assessment 2020 draft notification on March 12, 2020, amending the 2006 version.

The EIA serves as a means for the industries to obtain environmental clearances for their projects. The proposed projects are brought in front of the concerned public to be discussed and debated. If the projects proposed by the industries disturb the ecology and people living in that particular area to a large extent, then the Government cannot give permission for the project to continue.

There are several things included, or excluded, in the 2020 version which have enraged environmentalists, nature lovers and numerous concerned citizens across India.

Firstly, it includes post-facto approval. This means that any factory which has already begun with construction, will get a clearance, irrespective of the environmental damage it has already caused. However, the owners of the concerned factory will have to pay a fine of a certain amount.

Secondly, the new draft notification is released only in Hindi and English. Considering the lingual diversity of India, the communities which are not fluent in either languages will not know what the notification is about. This will reduce transparency and the livelihoods of such communities might get demolished without any warning.

The 2006 notification made it mandatory for every company involved in a project to submit a report every six months, verifying that the company is working within the terms of the granted permission and not going overboard with the available resources. The 2020 draft has extended the timeline of report submission once in twelve months. Moreover, certain projects like expansion of highways and road construction through forests are exempted from getting clearances.

Himalayan foothills, Sikkim, India | Source: Flowcomm via Flickr

Such features of the 2020 draft violate norms of the Environmental Protection Act (EPA, 1986) and also indicate that the scales are tipping dangerously towards the big industries, at the cost of our planet’s health. Livid cries have erupted from the people, especially those living in North-Eastern India and foothills of the Himalayas.

Himalayan ecology is at the brink of fragility and it requires stringent monitoring laws, the opposite of what EIA 2020 offers. "The Himalayan region today is in the most vulnerable position with massive climate-induced disasters, increasing deforestation, loss of biodiversity etc. Amending environmental norms will accelerate the ecological crisis in the Himalayas" says Ravi Chopra, a renowned environmentalist from Dehradun.

Since the draft has not come out in regional languages, the Karnataka High Court restrained the government from publishing the final document till it was accessible to a wider audience.

Although the government extended the deadline from June 30 to August 11, 2020, for the general public to pool in their opinions through emails, it shut down three main online websites on which youngsters of this country protested against EIA 2020. “We reasonably have a clear basis, based on our correspondence as well as our technical analysis, that this was a domain seizure by the government of this website” says Apar Gupta, executive director of Internet Freedom Foundation (IFF).

The EIA 2020 amendment does not do justice to the fundamental principles of environmental impact assessment and is more focussed in easing the clearance for the industries than the protection of the environment.

Economic growth, no doubt is important, more so at this trying time. However we should also bear in mind the cost which is to be paid for it, sooner or later.

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