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 4:36 PM

Story of Iyad Hallaq: What it tells about Palestinians under Israeli occupation

The death of Iyad Hallaq, an autistic Palestinian man, who was shot dead by two Israeli police officers sparked several unrests in Jerusalem. Iyad Hallaq of age 32 was walking to his school of special needs in the Old City of Jerusalem. According to the statement given by the police officers, Iyad was wearing gloves which made them suspect he possessed a weapon. Iyad, who was diagnosed with low functioning disorder, had limited communication skills. Due to this out of panic, he fled, and the police personnel started firing. He tried to hide behind a dumpster where he was shot dead. It is suspected that one of the police officers might have kept shooting despite receiving orders from his commander to halt.

Following this event, the family’s house was searched without any consent for possible weapons. Later on, the family requested a Palestinian representative to be present during Hallaq’s autopsy. The family alleges that this representative was denied entry. The police sealed off the Old City and reported that the Police Internal Investigations Department would be taking over the investigation of the case.

Mansour Abu Wardieh, the victim's cousin, said the family is not optimistic about the police investigation and fears that the police would end up twisting the facts. This lack of trust in the police authorities could be attributed to the fact that firstly the police have shown their disregard to the family by their actions mentioned above and secondly, in the last ten years Israeli security forces have killed more than 3,400 Palestinians but have only been convicted five times.

These numbers prove that Iyad’s killing is just the tip of the iceberg of the atrocities faced by Palestinians that live under the Israeli occupation. Iyad’s case has created a trigger for the Palestinian Arab minorities in Jerusalem to channel out their frustration. The killing has not only been condemned by Palestinians, but also by Jewish Israelis and international figures. The protests against police brutality after the killing of George Floyd have been gaining momentum and protests in Jerusalem began to draw parallels between these two cases. The protests in Jerusalem resounded with several slogans like ‘Palestinian Lives Matter’ alongside the ‘Black Lives Matter’ slogans.

Though the demonstrations united the Palestinian Arabs and Israeli Jews, it comes as little relief to the family and for Arab minorities. It was after more than a week that the Israeli Prime Minister Benjamin Netanyahu broke silence on this matter. Middle East Monitor reported the exact comments of the prime minister “What happened to Iyad Hallak is a tragedy. This was a man with disabilities, autism, who was suspected – and we (now) know wrongly – of being a terrorist in a very sensitive venue”. While the prime minister's comments fell short of an apology the Defence Minister Benny Gantz offered a public apology.

While the family and protestors remain un-optimistic about the justice being delivered insights shared by an Israeli Parliament member Ahmed Tibi, seem to shed some light on why Hallaq was killed. According to Tibi, Arabs and Palestinians were intentionally killed without any concrete reason, and for long this has been the policy of the Israeli forces. B’Tselem, a human rights organisation based in Israel said that most killings of Palestinians “were a direct outcome of Israel’s reckless open-fire policy, authorised by the government and military and backed by the [Israeli] legal system.”

The whole system in Israel seems to be designed to discriminate against its Arab minorities. Various senior political officials have openly spread hate against these minority communities. They have also encouraged their soldiers and police forces to kill Palestinians even if they have the slightest suspicion of them being a threat. It is a systematically built system that has subjected Palestinians to abuse and harsh punishments immemorial.

More than 150 instances were recorded between the span of October 2015 and January 2017 in which Israeli security forces have shot Palestinians under suspicion of carrying weapons. However, video footages or witness accounts have raised questions in many cases regarding the necessity of force. Repeatedly cornering these minorities have led to the death of 33 Israelis in the hands of Palestinian assailants in the same period. Hence this use of lethal force has had devastating effects on both the communities. Regulation of force by armed personnel and unbiased, neutral approach is required to curb down this violence. The authorities must also create rules that clearly define the boundaries for force used by armed personnel, and the state should actively denounce hate speech and illegal lethal force to avoid cases like that of Hallaq repeating.

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