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 4:41 PM

How COVID-19 helped Netanyahu beat Benny Gantz for Israeli prime ministership

In March 2020, when COVID-19 was causing the near collapse of health systems across the world, Israel had just voted third time in the parliamentary election for the third time in less than a year. This was so because no political party was able to muster the majority in Knesset (Israeli parliament) after earlier elections in April 2019 and Sept 2019. Benjamin Netanyahu has been acting Prime minister since the time when he went for the dissolution of Knesset December 2018 with a hope of securing an extended majority for his right wing coalition. However he failed to secure even the simple majority in three elections on April 19, Sept 19, and March 20. Then came the COVID-19 and he sensed an opportunity to make a comeback from the brink of political disaster to reclaim the prime ministership of Israel.

The COVID-19 pandemic tested the Israeli citizens just like the other countries and  Benjamin Netanyahu kept on telling that unless it is effectively controlled, there will be devastation not seen since the Middle Ages. He also stressed that even the First world countries such as the US and UK are at the brink of losing control. Many Israelis expressed admiration towards Netanyahu’s quick response to the pandemic which helped to contain the pandemic in earlier stages. They flattened their curve by shutting down public places such as parks, schools, educational institutions, and the hotspot areas. He followed two stage strategies — first, to locate and isolate the infected population and then to engage the healthy population in economic activities during the conditions of a semi-lockdown. These steps were taken to save the economy. His plan also carried a huge amount of tests in the hope that it could be established that some people were developing antibodies to resist the virus and could safely be “freed” from isolation. Although the steps being acknowledged, they still raised a lot of questions against Netanyahu. He was supposed to be facing charges for breach of trust and bribery in the month of March. The court shutdown ordered by Israeli Law minister delayed Netanyahu’s charges by two months. Israel also used the cell phone of citizens to monitor their movement to track the spread of pandemic for which he was criticised for breaching the citizen’s privacy. Yohanan Plesner, the president of the Israel Democracy Institute said that Israelis trust the Shin Bet to protect them and not to abuse that trust, and the cellphone monitoring may have serious long-term effects on that trust. Netanyahu, however, defended himself with usual combativeness by stating that the courts were under a temporary shutdown and he has received permission from the General Attorney for cellphone usage data which was valid for 14 days. He also said “If the Shin Bet is to

infringe on our basic privacy, they could have done it many years ago”.

After managing to convince the citizens that he had handled the COVID-19 situation effectively, he quickly approached the rival Benny Gantz with a proposal to form an “emergency unity government”. As part of the deal he offered to share the power with Gantz’s Blue and White party for three years during which Netanyahu was to be prime minister and Benny Gants Dy prime minister for the first 18 months and the role reversal afterwards. He kept on harping the disastrous consequences of the virus and mentioned “It could affect 60-80% of the population” and said “nobody knows” how devastating the virus would ultimately prove. 

It was not easy for Benny Gantz to accept the proposal to align with Netanyahu as his whole campaign was on the issue of never supporting Netanyahu. However Netanyahu, who is acknowledged by friends and foes alike as a shrewd politician willing to go to any extent in safeguarding his own interest, finally won the war of attrition. Benny Gantz accepted the deal offered by Netanyahu and agreed to let him continue to be the prime minister for the first 18 months of the alliance period. The COVID-19 calamity has effectively turned into an opportunity for Netanyahu to hold on to the power and continue to be the prime minister of Israel.

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