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 4:44 PM

Are Black Americans victims of Police Militarization in the US

In the USA, there are reports of police using tear gas, flashbangs, and many other weapons to fight against the riots which are occurring now in over 350 cities against police brutality against the Black Community. There have been many reports on how the police brutality is disproportionate in terms of race; the Black people are thrice as likely to have violence committed on them by the police force than the whites, and the factor is 1.5 for the Hispanics. There is a first-hand account of a person present in the recent protests who talks about the use of batons on demonstrators.

This, however, leads to the question whether it was the militarization of the police force that caused violence towards minority communities. The police militarization was, in the aftermath of the 9/11 US terrorist attack, justified by the policymakers as a necessary tool to prevent the terrorist attacks in the future. This policy decision led to the military grade weapons and military style training regime for the police force. Some of the states in the US partnered with highly militarized police of Israel for training their police force. Such lethal weapons which were provided to the police force  used against terrorists were gradually used by the police force against common civilians on suspicion of minor crimes and the group of protestors.

The civil right groups were voicing concerns for many years about the use of disproportionate force on the Black and Hispanic Americans, which they blamed on the arming of police with lethal weapons. It was the death of Michael Brown, an unarmed black teenager, who was shot and killed on Aug. 9, 2014, by Darren Wilson, a white police officer, in Ferguson, Montana, USA that galvanised the public to demand for demilitarization of police force. As a response to public anger against the killing of Michael Brown, President Obama set up a Task Force on 21st Century Policing. This task force, in its report put special emphasis on de-escalating situations, with civilians in training and policies, and reduced funding by the Department of Homeland Security for such weapons. However these recommendations failed to have much effect on solving the issues at hand.

The continued use of such lethal weapons casts the police force as a separate, powerful entity which is to be feared, instead of a friendly cop who is trying to provide security to a citizen in distress. Such equipment serves to distance the police from the people, giving them power, and if left unchecked, entitlement over the rest of the citizens. In many instances the presence of a weapon itself leads to more aggressive behaviour and there have been calls to make the police wear body cams to restrain them from acting with disproportionate lethal force.

The racial profiling and discriminatory actions against the black and other communities that was already practiced by the police forces was now being enforced by more lethal power in the force’s hands. A study by Olugbenga Ajilore shows that counties with more race segregation were more likely to request additional weapons, and counties with an African American/Asian American population are more likely to acquire military equipment. Another report of 2017 shows a direct correlation between the degree of police militarization and the killing of civilians in police action.

It can be reasonably said that the militarization, in some sense, inflated the already existing racial profiling based violent actions of police force.

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