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 4:45 PM

How the failure of political leadership resulted in the explosion of pandemic in Brazil

With over 1.2 million active cases and over 51 thousand deaths as on 30th June 2020, Brazil is one of the worst coronavirus affected countries. Latin America became the epicentre of the coronavirus pandemic in the latter half of May, largely due to Brazil’s incompetency in dealing with the pandemic. Due to the underreporting and low testing rates, the actual number of active cases and deaths are unknown.

The Brazilian Ministry started making changes to the number of cases reported, making it even harder to control the situation the pandemic has caused. The country’s response has been widely criticized in Brazil and outside. The President of Brazil, Jair Bolsonaro, dismissed the threat of the virus and the pandemic. OnMarch 26, 2020, he said that Brazilians are immune to the virus and even if they are drunk in a sewer they “don’t catch a thing.” He defied the guidelines set by his own health ministry and visited a busy commercial district in Brasilia, the capital of Brazil, where he told all the elderly Brazilians to get back to work. He also went on TV many times and called it little flu and accused the media of hysteria. Even as the coronavirus crisis has worsened recently, some major cities have eased their preventive measures, like Sao Paulo opening up shopping malls in Mid-June and beaches getting crowded again. With all of this happening, hospitals are close to running out of intensive care beds.

In early March, Brazil declared a public health emergency, a few days after the World Health Organization. The Ministry of Health in Brazil urged the officials to cancel all the public events and reinforce the measures of social distancing as prescribed by the World Health Organization. Some experts thought that Brazil could handle the pandemic based on its records during past public health emergencies. Brazil’s health care system is underfunded, but it does not fail to provide robust coverage across the country. The efforts of the state government went awry when the President called the virus a “cold” and provided anti-malaria tablets as a solution to the virus. President Bolsonaro’s clash with the governors and officials led to two health ministers leaving- one was fired and the other one quit. This left the military general, with no public health training, in charge of the virus. The clash amongst the government left the citizens of Brazil uncertain about the importance of following the preventive measures kept in place to prevent the spread of the virus. This led to the defying of the measures, which in turn led to the pandemic’s rate being one of the highest in the world.

The Ministry of Health has not presented a comprehensive plan to beat the virus yet. One of the main initiatives by the Ministry of Health is to boost the production of hydroxychloroquine and has encouraged the doctors in the public healthcare system to prescribe the same. The country has struggled to import lifesaving instruments, like coronavirus tests and ventilators. The lack of tests, in turn, has made it difficult to track the spread of the virus. This might result in the undercount of cases of the virus in the country.  Between Jan. 1 and June 6, 23,171 people who were not diagnosed with the coronavirus died from acute respiratory infections, according to data released by Fiocruz, one of Brazil’s state-run health research institutes. Experts believe most of them died from coronavirus.

At a time when Brazil needs to be putting all its efforts into fighting the virus, the president has been wrapped up in his own political battles. The Supreme Court is investigating allegations of disinformation and intimidation by the President’s supporters. Investigations also state that he has interfered in federal police investigations to protect his family. Due to this, the tensions between President Bolsonaro and the judiciary are high.

During the past few months, politics have become bigger than the pandemic. Even though the health crisis is extremely important, the magnitude of the political scandals has had a huge impact on how the country reacts to the pandemic. There is anger over how President Bolsonaro is handling the crisis and at the same time, there is a fear as to where the country is headed after the pandemic passes.

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