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 4:45 PM

China's attempt to curtail Hong Kong's autonomy: Will it force the people to leave Hong Kong?

The sovereignty of Hong Kong was reverted to China by Britain in 1997. Although it became part of China but enjoyed some autonomy and internal democracy due to the “one country, two systems” arrangement between Britain and with China at the time of handover. This arrangement of autonomy and democratic rights were supposed to last until 2047. However, the Communist Party of China had been pushing for a new security law which would curb the voices of the residents significantly, criminalizing acts of secession, subversion, terrorism or collusion with foreign forces. “This law means that China will have the power to impose its own laws on any criminal suspect it chooses,” says Joshua Rosenzweig, the head of Amnesty’s China team.

This is a part of the agitation that is faced by the Hong Kong residents; the economy is shrinking, the government is more focused on linking the city to the mainland than investing in education and affordable housing, peaceful protests have turned violent and are facing police brutality. This has caused changes in international relations with respect to economy and immigration, and a flurry of Hong Kong residents exploring options to leave the city. Skilled workers are seeking to move out of the city, renewing documents which will provide a pathway to residency in Britain, or ways to emigrate to Taiwan, Canada or Australia.

Britain, which had colonised Hong Kong until 1997, announced that it would extend visa rights for all the people eligible to apply for British National Overseas passport, which includes 3 million people, if China went through with the law. The Chinese foreign ministry said that this move violated international law, and that China reserves the right to take measures they see as necessary.

Taiwan has announced that it will set up an office for those who are planning to leave Hong Kong. Chinese government has said that there has been no stifling of freedoms and providing shelter for “rioters and elements who bring chaos” to Hong Kong would bring harm to Taiwan’s people. The island country had housed Hong Kong’s protesters who feared harsh treatment by the law and enforcement since 2019, with its own history of dissension with mainland China.

USA, on a similar vein, has taken away the special economic status Hong Kong had with them, and that the Chinese plans are a “tragedy.”

Many pro-democracy protesters who were on the radar of Chinese government have started  escaping the country to protect themselves and continue the protests from their adopted countries. The excessive use of brutal force against peaceful protesters led many people to fear for the future of their families for which they started to consider leaving the city . The same fear is also driving more than half of the people within the age group of 18 to 24 towards exploring the option of moving out of Hong Kong..

Even after worldwide criticism, mainland China remains adamant on violating the freedoms of the people of Hong Kong. Amidst a collapsing economy which just lost its preference from a world superpower and living under the constant threat of oppressive actions are driving the well healed parsons to look for greener pastures away from Hong Kong.

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