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 4:42 PM

COVID-19 in Iran: Fighting pandemic while facing US sanctions

After backing out of the nuclear deal with Iran in 2018, the United States had toughened the sanctions on petrochemical trade and other vital sectors of Iranian economy. The Iranian government is claiming that those sanctions are heavily affecting their ability to act against COVID-19.

These sanctions forced the Iranian government to significantly change infocus from curbing the spread of infections to stabilizing the economy.  There have been some restrictions but no lockdown imposed on the movement of people as the lockdown would further weaken the economy. Also, a lot of pharmaceutical companies aren’t willing to trade with Iran because of the fear of getting caught up in secondary sanctions, even though the US governments deny any restriction of the same. 

All of this has led to a global outcry against the sanctions. The United Kingdom is pushing the US to ease the sanctions because they believe that the hospitals in Iran are badly overstretched. The UK tried to provide direct support to the country via WHO, but Iran refused any help that didn't come with the lifting of the sanctions. The United Nations High Commissioner for Human rights, Michelle Bachelet, has urged the global community to rethink the existing sanctions on countries like Iran in the light of the current pandemic. The United States also offered humanitarian assistance to the state but was rejected by the Supreme Leader Khamanei, who declared the US as being charlatans and liars, and said that a wise man should not accept medicines from a country alleged of creating the virus. Russia, China and some other medical and rights groups have been urging the Trump administration to lift the sanctions. Over 21,000 lawyers and legal experts in Iran have signed a statement declaring that the US sanctions on Iran are anti-human. On the 26th of March, the US imposed even more sanctions, on more than 17 entities. The sanctions were announced a day after the family of a retired FBI agent claimed that the agent had died while in custody in Iran; two days after Ms. Bachelet made her statement on rethinking sanctions.

The crisis has touched most corners of the country, but it is most severely impacting the poor and working class. While it is older men who are dying in the highest numbers, the economic impact especially hurts women, who are most liable to lose work, and shoulder increased duties, looking after sick relatives and children staying home from school. Iranians’ purchasing power has plummeted in the past two years, as the mismanaged economy shuddered through Donald Trump’s withdrawal from the nuclear deal and the re-imposition of US sanctions. As Nahid, a women’s rights activist put it: “When people met this virus, their nutrition was already poorer, their immune systems were weakened, and many were already unable to afford health care.” Charities and private sector groups are joining together to raise funds for importing equipment and other medical supplies from China to set up facilities of COVID-19. However due to the sanctions it is becoming difficult to move money from Iran to any other country.

Arshi Tirkey, a Junior Fellow with Observer Research Foundation has put quite aptly: “It is true that political instability, corruption and economic mismanagement in Tehran have aggravated the issue; and likewise, this calls for governance reforms and financial transparency initiatives in Iran. But this is not the sole reason for the scarcity of medical equipment and the condition of health infrastructure in the country today. Sanctions remain a central impediment to improving Iran’s capacity to respond to the pandemic.”

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