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

Black Lives Matter: Solidarity protests in Western Europe

The killing of the African-American George Floyd in the hands of Minneapolis police commanded world attention. It witnessed Pan-American protests against police brutality and racism. Countries across the world have stood in support of these protests against racial violence. These protests in America have triggered a number of protests across Western Europe to localise them and condemn racism in their own countries.

Protests against racial violence and police brutality drew large numbers across European capitals and other prominent cities as well. Paris protests alone saw an estimated 20000 people near the Eiffel Tower who protested against the death of George Floyd. These protesters tried to localise the issue of racial violence and police brutality by taking up the case of Traoré, a young black man whose family claims that he died due to suffocation under police custody at Persan (north of Paris) in 2016. These protests have been going on consistently for over a week. Despite the police ban on demonstrations in Paris due to the risk of COVID-19, the demonstrations couldn’t be curbed. Parallel protests were also reported in other cities of France like Lyon, Rennes and Marseille.

Berlin also has been sustaining its ‘Black Lives Matter’ protests for over a week. Demonstrations were held in other German cities such as Cologne, Frankfurt and Dusseldorf. The Bayern Munich footballers wore T-shirts with slogans that read ‘Red card against racism- Black Lives Matter’ in their match against Leverkusen to raise awareness against racial violence. Various German activists believe Floyd’s death has not only triggered anti-racist protests but also multiple questions regarding equitable distribution of resources and representation of diverse races that co-habit in Germany.

In the United Kingdom, too, despite the COVID-19 risk, a large number of protestors stood in solidarity with the U.S protests. In Bristol, demonstrators pulled down the statue of slave trader Edward Colston on 7 June, 2020. Even though these protests were against racial violence, the chords of the protests mainly struck with issues of blacks during COVID-19. British government data showed that blacks living in British were four times more likely to die from COVID-19 as compared to whites. This discrimination by the virus can be attributed to the institutionalised nature of racism and the lack of equitable access to resources for minorities living in Britain.

Protests were held widely in Spain. The U.S embassy outside Madrid has become one of the hotspots for protestors to gather. Hundreds gathered to mourn the death of Floyd and observed silence for him. The city of Budapest too observed silence and chanted songs outside its U.S embassy.

European media has also played a key role in actively condemning Trump for his actions of using military force to tackle the protests. While the French Newspaper Le Monde in its editorials has dubbed Trump as ‘President of division’ the Spanish newspaper El Pais’s headlines read ‘The U.S. Faces Its Worst Racial Conflict in Half a Century’. Trump’s actions to use federal force and active duty military personnel have made the European media to cover the protests more extensively. Newspapers coupled with social media have acted as catalysts in spreading the cause of the protests at a much faster rate.

Floyd’s killing sparked protests against racial violence and systematic racism around the world. However, it resonated at a deeper level with Western European countries primarily due to their rising number of immigrants from African and Arab countries. These countries, for decades, have struggled with accommodating these minorities equally with the mainstream population. The approach to localise these protests has helped to not only denounce racial violence in America but also in their own home country. The nature and extent of these protests have pointed out that governments no longer have the luxury of gradualism and have to instead take up swift actions to eliminate institutionalised racism and police brutality.

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