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 4:43 PM

The US-Taliban Deal: A ray of hope for the battered Afghans

On 11 September 2001, the attacks on the World Trade Centre and Pentagon in America killed over 3000 people for which Osama Bin Laden, the head of Al-Qaeda, claimed responsibility.. Osama Bin Laden was based in Afghanistan during this attack and was protected by the government of the day which was run by the radical Islamist group Taliban. Even after the repeated demands from the USA government, Taliban refused to hand over Osama bin Laden to the USA. 

George W. Bush, the president of America at that point of time, announced the first airstrikes against Afghanistan on 7 October 2001. As other countries joined in, the Taliban were quickly removed from power and a new pro-western government was installed. The new government, however, was never able to run its writ over the whole country. The Taliban regrouped and started gaining influence in the vast rural areas and continuously attacked the US-led international military coalition as well as Afghan forces. From that point onward, the U.S. and its allies have battled to stop Afghanistan's administration crumbling and to end attacks by the Taliban. 

After more than eighteen years of war in Afghanistan, on 29 February 2020, the United States and Taliban signed a peace deal which was the first step in ending the war. The agreement was signed in the Qatari capital Doha between Talibani political chief Mullah Abdul Ghani Baradar and U.S. special envoy Zalmay Khalilzad. The U.S. Defence Secretary Mark Esper said that signing of the accord would be a good step to end the war, the road ahead would not be secure. There would be a full withdrawal of all U.S. and coalition forces from Afghanistan within 14 months since the signing of the deal. The Taliban promised to cut ties with Al Qaeda and keep fighting the militant Islamic State group.  

What is in the peace agreement?

The peace agreement was signed after nine rounds of discussion and it contains four main points: cease-fire, withdrawal of foreign forces, intra-Afghan negotiations, and counter-terrorism assurances. 

  1. Cease-fire: The negotiators agreed to a temporary reduction in violence. They said that a permanent and comprehensive cease-fire will be an item on the agenda of the intra-Afghan dialogue and negotiations. 
  2. Withdrawal of foreign forces: Within the first 135 days, the U.S. will reduce its troops in Afghanistan from roughly 12,000 to 8,600, along with the allies of the U.S. also withdrawing their forces proportionately. If the Taliban follows through all the commitments that in the peace deal, all the U.S. troops along with the allies' troops will leave Afghanistan within fourteen months. 
  3. Counter-terrorism assurances: The United States invaded Afghanistan after the 9/11 attacks, mainly to eliminate the threat of terrorism and halt terrorist activities in the country. As a part of the agreement, the Taliban guaranteed that Afghanistan would not be used by any of its members or terrorist groups to threaten the security of the U.S. and its allies. 
  4. Intra-Afghan negotiations: The reason behind the intra-Afghan talks is to bring together negotiators from the Taliban and Afghan government. The peace deal also calls for an exchange of prisoners before the intra-Afghan negotiations. The intra-Afghan talks which were supposed to take place in March 2020, have been delayed. 

Challenges to the peace deal

While this deal can be seen as a stepping stone towards a more comprehensive agreement, many difficulties may come in the way. 

The United States and the Taliban had consented to the arrival of up to 5000 Taliban prisoners in return for up to one thousand Afghan security forces. However, the Afghan government said that it had not agreed on such an exchange. The process can become difficult due to a weak central government along with ethnic, tribal and sectarian differences. At the same time, many people say that the Taliban has gotten more than it gave up. 

Through the deal, the Taliban got their primary wish: removal of American troops from Afghanistan. Yet, they had failed to be specific about the civil rights that they had repressed when they were in power. The insurgents pledged to keep international terrorist groups like Al Qaeda from using Afghanistan as their base for attacks. 

The United States promised to work towards the gradual removal of Taliban leaders from the sanction blacklists of America and the United Nations. At the same time, the experts say that the Taliban is stronger than ever at this point. It controls many districts throughout the country and continues to launch significant attacks including in Kabul and on Afghan security forces. 

The peace process is also faced by the problem of the illegal drug trade. According to Afghan officials, more than 20 terrorist groups still operate inside the country, which is another threat to the deal. By signing the agreement, the U.S. and the Taliban state their commitment to reduce violence and not attack each other. What remains a worry is how much and how long the Taliban will hold fire on Afghan security forces before the cease-fire is finally reached in Afghan negotiations.

Sources that were used:

  1. https://www.nytimes.com/2020/02/29/world/asia/us-taliban-deal.html
  2. http://diplomatist.com/2020/05/16/us-taliban-peace-deal-and-its-implications-for-central-asia/
  3. https://www.aljazeera.com/indepth/interactive/2020/02/war-afghanistan-2001-invasion-2020-taliban-deal-200229142658305.html
  4. https://www.bbc.com/news/world-asia-51689443
  5. https://www.dawn.com/news/1529415
  6. https://www.cfr.org/backgrounder/us-taliban-peace-deal-agreement-afghanistan-war
  7. https://www.aljazeera.com/news/2020/02/afghanistan-taliban-sign-deal-america-longest-war-200213063412531.html
  8. https://www.dawn.com/news/1537384
  9. https://www.washingtonpost.com/context/u-s-taliban-peace-deal/7aab0f58-dd5c-430d-9557-1b6672d889c3/?itid=lk_inline_manual_3
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