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 5:04 PM

Yemen's Multilayered War: Southern Secessionist Movement

This is the 5th part of a short explainer article series on the current crisis in Yemen. To read the earlier parts of the series click on the link.

To read the 1st part of the series click on the link.

To read the 2nd part of the series click on the link.

To read the 3rd part of the series click on the link.

To read the 4th part of the series click on the link.

Since the unification of Yemen in 1990 the political, economic and military leadership was dominated by the Northerners which resulted in continuous conflicts. It was the fight against Al Qaeda linked elements and the Houthis that the political and military forces continued to work together.

A formidable coalition of UAE and Saudi Arabia, led by Mohammed Bin Zayed (MBZ) and Mohammad Bin Salman (MBS), the Crown Princes of respective countries, backed the deposed President of Yemen Mansour Al Hadi in his fight against Houthis. The Houthi forces were supported primarily by Iran which is the geopolitical rival of Saudi Arabia.

The coalition forces used heavy aerial bombardment and naval blockades, but contrary to their expectation, Houthis proved to be formidable opponents and were able to withstand the assaults. President Hadi was confined to Aden and his forces, in spite of massive backing, couldn't dislodge the Houthis from Sana’a. Iranian help in the form of military hardware and trainers enabled the Houthis to launch some spectacular attacks deep inside the Saudi Arabian territory as well.

The failure of President Hadi led forces against Houthis along with the increasing activities of Al Qaeda in Arabiam Peninsula (AQAP) encouraged the revival of a long suppressed secessionist movement in Southern Yemen, Al-Hirak al-Janoubi commonly called Hirak.

Al-Hirak al-Janoubi :

During the rule of President Abdullah Saleh’s rule in 2007, another movement for promoting the secession of Southern Yemen was launched. It was known as Al Hirak and its objective was to revert to the pre-unification status of Yemen. This movement could not garner much support but was lying dormant for a long time.

In 2017 a faction of Al-Hirak movement formed Al-Hirak al-Janoubi or The Southern Transitional Council (STC). Its current members consist of governorates in the southern part of Yemen. It is headed by a former governor of Aden, Aidarus al-Zoubaidi.

Aidarus al-Zoubaidi, Head of STC | Source: Aboodalyazedi Via Wikimedia

Zoubaidi was dismissed as governor of Aden by Hadi in 2017 for his close ties to the UAE. As a governor Zoubaidi was quite popular in Aden, and his dismissal was met with protests against President Hadi. With support from the UAE he went on to form the STC, also known as the Separatists.

In 2018, the Separatists occupied the government at Aden in a coup d’état against the Hadi government, leading to 38 deaths. The Hadi government called this a UAE backed-coup. Since the UAE and Saudi Arabia are part of the same Arab coalition, they agreed to sit down for talks regarding the Yemen issue.

Despite this, the Separatists took over Aden in 2019, leading to much confusion over who controls the basic services and administrative duties (such as payment of civil servants) in the city.

The BBC reported that “In April 2020 the STC declared self-rule in Aden, breaking a peace deal signed with the internationally recognised government, saying it would govern the port city and southern provinces.”

So in effect Yemen is now governed by three separate entities, Houthis in North Yemen, STC and Hadi faction in Southern part of Yemen. Apart from this in parts of tribal hinterland, Al Qaeda is running its writ. There is a real danger that Yemen is now on the path to disintegration.

To read the 6th part of the series click on the link.

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