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

Kosovo and Serbia- A never ending saga of conflict

Kosovo is a small landlocked country in the Western Balkans with a majority of ethnic Albanians and Muslims. The country formerly was a part of Serbia but declared independence in 2008. While Kosovo’s independence has been recognized by nearly a hundred nations including the US, countries like Russia and China along with a few European Union nations have sided with Serbia against Kosovo.

Kosovo and Serbia have been at crossroads for a long time. Kosovo used to be a Serbian province under the communist-run Yugoslavia. However, the dissolution of Yugoslavia and the move by Serbian leader Slobodan Milošević to bring Kosovo directly under Belgrade’s administration fuelled war between the two regions.

The situation worsened with the violence in the Bosnian War ensuing from 1992-95 which was termed as “ethnic cleansing” of Muslims. By 1996, the Kosovo Liberation Army (KLA), a paramilitary group had been formed in response to the campaign of Milošević. The situation remained tense with Serbian Police killing nearly 50 people of a KLA member’s family in 1998.

Violence continued to escalate from both sides as international calls for putting an end to the violence grew. "We are not going to stand by and watch the Serbian authorities do in Kosovo what they can no longer get away with doing in Bosnia," US Secretary of State Madeleine Albright reportedly said. The UN banned the sale of arms and ammunition to Serbia as NATO began to plan an intervention in 1998.

However, the situation escalated to a worse in the "Račak Massacre" of 1999, wherein Serbian special police killed 45 ethnic Albanians. The NATO then initiated a 77-day air campaign which ended with the withdrawal of the Serbian army and the paramilitary force of Kosovo. Kosovo became a self-governed territory post the NATO campaign under the United Nations.

Despite several efforts from the European Union and the UN, the two countries have failed to arrive at a common ground till date. Kosovo declared independence in 2008 but Serbia does not acknowledge it despite having no formal control in the region.

In 2016, the countries yet again saw each other at crossroads when Kosovo sought to attain 80% shares of the Trepca mining and metallurgical complex in the northern region which is dominated by Serbs. The dispute became so pressing that it became one of the agendas for the UN Security Council.

In early 2017, Belgrade, the capital of Serbia, issued an international arrest warrant for former Kosover guerrillas including Ramush Haradinaj who served as a commander in the 1998-99 war against Serbian rule. He also briefly served as Prime Minister of Kosovo in 2004 and 2005.

As Kosovo asked the EU to press Serbia for dropping the charges, government and opposition leaders called for an end to the EU-mediated talks between Serbia and Kosovo. Serbia’s move to give the nod for Haradinaj’s extradition from France where he was being detained was met by Kosovo’s move to cancel Serbian President’s visit to a mainly ethnic Serb town in Kosovo on the eve of Christmas Day.

The gunning down of Oliver Ivanović, an ethnic-Serb politician in northern Kosovo in 2018 was yet another setback for the worsening ties between the two countries. Then Serbian President Aleksandar Vucic termed it an “act of terrorism”.

Late in 2018, Serbia blocked Kosovo’s bid to join Interpol, a move that saw Kosovo raise customs duties on Serbian imports by 100%.

In May 2019, Kosovo carried out a large anti-corruption and anti-smuggling drill wherein it detained nearly 23 people including two UN personnel and fired tear gas as well as live ammunition as per a few reports. The entire drill was concentrated in a Serb-dominated region in the North.

Serbian president Aleksandar Vucic reacted by saying that he wants to "preserve peace and stability", but that Serbia "will be fully ready to protect its people at the shortest notice". The European Union, the United Nations Interim Administration Mission in Kosovo (UNMIK) and KFOR (the NATO-led international military presence) all called for the two countries to maintain peace. However, the situation remains critical.

With Serbia being under pressure from international peacekeepers, it’s highly unlikely that it will intervene through its military forces. However, its influence in the Northern region of Kosovo means that both the countries will have to work towards maintaining amicable ties with each other as Kosovo hopes to become a UN member and a fully functional state.

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