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 13, 2021 8:54 PM

Black Lives Matter: Looking back at the journey of racial justice movement as a Nobel Peace Prize Nominee

The killing of George Floyd by a police officer in the state of Minnesota, has confronted the people of the United States in particular and the Western World in general about the existence of deep-rooted racism which has remained even after the Civil Rights movement and many decades of progress.

The years of racial discrimination led to the emergence of the Black Lives Matter (often abbreviated as BLM) movement. The BLM movement has been nominated for the 2021 Nobel peace prize as well.

This article explains the BLM movement, it's nomination for the Nobel Peace Prize as well as its symbolics importance in the lives of the black people. In other words, it looks back at the journey of this racial justice movement as a Nobel Peace Prize Nominee.

What is the Black Lives Matter movement?

The BLM movement started in 2013 after George Zimmerman—a white man—shot dead—black teen—Trayvon Martin—to death in 2012. The term “Black Lives Matter” was taken from the tweet of a woman named Alicia Garza, which turned into a trending hashtag and later into the name of the whole movement, co-founded by herself, Patrisse Cullors, and Opal Tometi.

The movement aims at equality and racial justice for Black people and highlights the injustices and oppression against them.

Furthermore, there is also strong resistance from the police and usage of military weapons against the black protestors as compared to the white ones, a kind of systematic racism which was clearly visible during the Storming of the Capitol Hill.

When a black person named George Floyd was killed by a white police officer in Minnesota on 25 May last year, the movement gained momentum and there were solidarity protests not only in America, around the globe—including countries like the UK, France, Australia and Germany. There were even violent protests in some parts of the US, and in some places the right wing groups clashed with these protestors.

The Movement Growing Profusely

A pro-right wing ruling government, where the President himself was criticised for being racist on several occasions and the upcoming elections led to increasing dissent—furthering the growth of the movement. George Floyd became the face of the movement along with many other black people who lost their lives before due to systematic racism—some names in the unfortunately endless list were Breonna Taylor, Ahmaud Arbery, . The movement also started getting the support of Hollywood celebrities, who supported the movement on their social media handles.

Amidst of all this, a similar killing of yet another black person, named Jacob Blake happened, which sparked the protests further.

“The group has called for defunding the police for at least five years”, Black Lives Matter Los Angeles co-founder Melina Abdullah told CNN. Some of the protestors believe that defunding the police could decrease such incidents.

In June, after pressure from BLMLA and massive protests, the Los Angeles City council unanimously approved a measure to develop an unarmed model of crisis response that would replace police officers with community-based responders for nonviolent calls.

Corrine Basabe, a black woman, started the George Floyd Justice Billboard Committee. Because of that, there are also billboards in cities like Los Angeles, New York and Washington DC, which are made for people to see regarding the Black Lives Matter movement and the killing of George Floyd. This way, many people driving through the roads could be reminded of what happened.

Featuring an oil painting by New York City artist Donald Perlis, a white, the billboards also include a quote from the Rev. Martin Luther King Jr.: "Injustice anywhere is a threat to justice everywhere." His painting was also displayed in New York’s Times Square.

When asked what she hopes for BLM's future, co-founder Patrisse Cullors said she knows the movement will win. "I know this because our work is full of love, healing and dignity," she said. "And we centre Black people's humanity and life over our death and decimation."

Backlash

The movement faced backlash from various right-wing groups like The American Patriot and Proud Boys. There was a slogan “All Lives Matter” from the Anti-BLM protestors, which minimises the problems faced by the black community in their daily lives. The then President Donald Trump also refused to condemn the right-wing groups and he defended the police instead of supporting the Black people’s cause.

In Arizona, Rep. Walt Blackman, a Black GOP member of the Arizona Legislature labelled BLM as a “terrorist organisation” in an interview with Fox News Radio affiliate KFYI.

There are a lot of post-truth narratives defaming the BLM movement.

Nomination for Nobel Peace Prize

As mentioned earlier, the BLM movement has been nominated for the 2021 Nobel peace prize, for the way they spread and called for a systematic change in the world, through non-violent protests. It has been nominated by a Norwegian MP.

In his nomination papers, the Norwegian MP Petter Eide said the movement had forced countries outside the US to tackle racism within their own societies.

“I find that one of the key challenges we have seen in America, but also in Europe and Asia, is the kind of increasing conflict based on inequality,” Eide said. “Black Lives Matter has become a very important worldwide movement to fight racial injustice. They have had a tremendous achievement in raising global awareness and consciousness about racial injustice.”

He said that one other thing that impressed him about the BLM movement was the way “they have been able to mobilise people from all groups of society, not just African-Americans, not just oppressed people, it has been a broad movement, in a way which has been different from their predecessors.” He has previously nominated human rights activists from Russia and China for the prize.

His written nomination concludes: “Awarding the peace prize to Black Lives Matter, as the strongest global force against racial injustice, will send a powerful message that peace is founded on equality, solidarity and human rights, and that all countries must respect those basic principles.”

Nominations for the Nobel peace prize are accepted from any politician serving at a national level, and they are allowed only 2,000 words to state their reasons. This year’s deadline was February 1, and the committee prepares a shortlist by the end of March. The winner is chosen in October and the award ceremony is scheduled for 10 December. The World Food Programme was the winner last year.

The movement deserves the nomination, and if it is declared the winner of the Nobel Peace Prize, then it’s going to be a huge win for the Black people and will give a push towards an ideal where there will be no racism.

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