Monday, June 22, 2020

Bedrock of US Democracy: Checks and Balances of Governing Branches

This article is by

Share this article

Article Contributor(s)

Aditi Mohta

Article Title

Bedrock of US Democracy: Checks and Balances of Governing Branches

Publisher

Global Views 360

Publication Date

June 22, 2020

URL

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

Support us to bring the world closer

To keep our content accessible we don't charge anything from our readers and rely on donations to continue working. Your support is critical in keeping Global Views 360 independent and helps us to present a well-rounded world view on different international issues for you. Every contribution, however big or small, is valuable for us to keep on delivering in future as well.

Support Us

Share this article

Read More

February 4, 2021 4:41 PM

What is the "Black Lives Matter" movement of USA

Over 55 years have passed since the signing of civil right laws which were supposed to be the panacea for all the ills of raciest abuses faced by the Black-Americans. A lot has increased since for the Black Americans but much more is still to do. They still live in the fear of law enforcement officials who monitor their movement on the street and also in their homes. The blacks are killed  at the lightest alleged provocation by city police without any fear of serious repercussion. The Federals law enforcement agencies also have a history of racist behavior and brutality towards black Americans.

“Black Lives Matter” movement was started in 2013, after a white person named George Zimmerman was acquitted in the shooting death of African-American teen Trayvon Martin in February 2012. The movement got its name as the hashtag #BlackLivesMatter was widely used on social media to protest the acquittal of George Zimmerman.  This movement aims to highlight the injustices, brutality, oppression, gratuitous killings, systemic racism, ruthlessness, bad form, and unaccountably that American culture, particularly law implementation, harbours toward black individuals. Dissenters have pointed out the uncalled intensity of the police, military weaponry, and impulsive usage of the same. The problem of policing in America is more than just individual bad police officers, the culture protects wrongdoers and rewards blind loyalty and is impervious to change. American citizens have recognized these loopholes and will not tolerate these wrongdoings anymore

On 25th May 2020, a 46-year-old black man named George Floyd, died at the hand of a police officer after allegedly using a counterfeit $20 bill at the convenience store. The killing was extensively covered by the cross section of media across the USA and American public saw the horror of the painful death of an unarmed black person by the police. A national-wide protest erupted as millions of people, including whites came out in the streets,  demanding justice for George Floyd. Slogans such as “I can’t breathe”, “All lives will not matter unless black lives don’t”, “Stop police brutality” were raised on the streets across the cities of America. The “Black Lives Movement” which was hitherto mostly confined to a section of blacks youths, quickly expanded to include a wide section of American citizens. 

In his death George Floyd became the symbol of police brutality against the black community in the USA and brought the “Black Lives Matter” from the fringe to the center of American social and political discourse.

Read More