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 4:47 PM

Germany’s evolving fight against the far-right extremism

Several shocking incidents of attacks on racial or religious minorities in Germany are making headlines for the last few  years.

In June 2019, a pro-refugee regional official Walter Lübcke was gunned down at his home in Central Germany by a 45-year old man, Stephan-Ernt’s. According to the prosecutor, Dr. Walter Lübcke's argument in favor of accommodating refugees in the town of Lohfelden had instigated xenophobic and extremist thoughts in the mind of his killer.

Two people were killed by a heavily armed man during a failed attempt of massacre at a Synagogue in the city of Halle in October 2019. In yet another shootout, nine immigrants and ethnic-minority Germans were killed during an unrestrained shooting in Hanau on 19th February 2020.

The government investigations and media reports blamed individuals linked or influenced by the far-right extremists groups for these attacks.

In November 2011, government Investigations revealed that National Socialist Underground(NSU), a Neo-Nazi terrorist group has fuelled the Nazi idealogy for decades and is responsible for various killings including murders of immigrants and foreigners.

Another far-right group known as the Frietal Group, launched attacks on refugee shelter houses and political opponents in the town of Saxony in 2015, claiming that they are protecting Germany from foreigners.

The German law enforcement authority also arrested members of the Revolution Chemnitz in 2018, who were allegedly planning attacks on immigrants, journalists and political opponents. Eight members of the group were sentenced to several years in prison by a court in Germany on 24th March 2020.

Looking at the rampant spread of hate, Holger Munch, the president of Federal Investigative Police Agency of Germany (BKA), accepted that suspects of the right-wing extremist under the observation of BKA have increased from 4 in 2012 to 46 in 2020, adding that “the far-right poses a pernicious and growing threat with 3 acts of far-right violence every day”.

In order to curb the spread of hatred, xenophobia, and anti-semitism by the right-wing activists, the German Government drafted a nine-point strategy to combat the recent.

The key aspects of the nine-point strategy a) Internet Service Providers to report any hate speech forwarded/shared on Social Media or the Internet along with the IP address of the wrongdoer to the government authorities, b) Tighten Gun laws with a mandatory check on requests to keep arms by the domestic intelligence police (BfV) was another stance of the government, c) Revising the existing prevention programs aimed to tackle right-wing extremism, and d)  Special protection for the politicians at local, state, and federal level who were considered to be under the threat from right-wing extremists.

The BKA President, Holger Münch said that by deploying a police patrol team online just like police officers patrol streets, the government can ensure promising results. With the increase in funding and personnel in Germany’s security apparatus sanctioned in the state budget discussion 2020, Münch reflected optimism that agencies could now work better and more efficiently in battling crime and violence.

Keeping aside the various controversies, it is also imperative to acknowledge the efforts of Dortmund, a western city in Germany, in curbing the rising trend of far-right extremism. Dortmund being an important city in the country invited migrants from Turkey and Southeast. More than 3000 immigrants from over 70 countries including Iraq, Syria and Afghanistan live here making it a hotspot, attracting xenophonic and far-right crimes.

In 2015, a special task force was set up in Dortmund to take action against far-right extremists and the city to a large extent has been successful in curbing their activities. According to the city's police chief, Gregor Lange, Offenses such as sedition, verbal assault, racist propaganda, and damage to property were down by 25%. Violent crimes such as arson and bodily assault went down by 35% year-on-year. The drop is even more impressive compared to five years ago, when figures were 50% and 80% higher, respectively.

The success of Dortmund city in fighting far-right extremism gives a hope that the nationwide implementation of nine-point strategy will help in curbing the rising trend of violent extremism in Germany

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