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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July 17, 2021 6:39 PM

How facebook helps the Authoritarian Regime in Vietnam

The ability of coercing American tech giants like Facebook into compliance is definitely a talking point to brag for the Vietnamese leaders. In October 2019, Facebook’s CEO Mark Zuckerberg stated that “Facebook stands for free expression. In a democracy, a private company shouldn’t have the power to censor politicians or the news.” However, Facebook’s double standard is no novelty. In August 2019, the Minister of Information and Communications, Nguyen Manh Hung took the parliamentary floor and stated that Facebook was restricting access to “increasing amounts” of content in Vietnam. Further, Hung stated that Facebook was complying with 70-75% of the Vietnamese government’s requests for post restrictions. In October 2020, this number went up to 95% for Facebook. Facebook acknowledged that the amount of content on which restrictions were imposed jumped by over 500% in the second half of 2018 alone.

Unlike China, Vietnam has adopted a relatively open attitude to western social media. Vietnamese politicians consider social media beneficial, perhaps it helps the promotion of their missions, personal agendas and even propagandas. In fact, Vietnam happens to have a military unit—called Force 47—with the purpose to correct “wrong views” on the internet. Whereas, there is no set set definition of the “wrong views,” people—if found guilty—can be jailed upto 20 years.

Furthermore, blocking western social media might not be in the self-interest of Vietnam, as doing so can hamper relations with the U.S.—with whom Vietnam desires to strengthen ties. The top communist strata of Vietnam for decades, have been single-minded on what they identify as “toxic information”. The definition of “toxic information” has only broadened over the years and has enabled the authorities to bend the term as per their whims. Vietnamese leaders have misused the threat of “toxic information” by branding content unfavorable to their regime with the term.

Facebook removed over 620 supposed fake accounts, over 2,200 links and several thousand posts which are deemed to be ‘anti-state’ from Vietnam in 2020. In a country without independent media, Vietnamese people are reliant on platforms like Facebook to read and discuss vital and controversial issues such as the dispute in Dong Tam. Dong tam is a village outside Vietnam’s capital, Hanoi, where residents were fighting the authorities’ plans to seize their farmlands in order to build a factory. 40-year-old Bui Van Thuan, a chemistry teacher and blogger, showed his solidarity to the fight and condemned the country’s leaders in one of his Facebook posts which stated “Your crimes will be engraved on my mind. I know you, the land robbers, will do everything, however cruel it is, to grab the people’s land.” On government’s insistence, Facebook blocked his account the very next day preventing over 60-million Vietnamese users from seeing his posts. A day later, Dong tam village was stormed by police with grenades and tear gas. A village leader and three officers were killed just as Thuan had anticipated. Thuan’s account remained suspended for three months after which Facebook informed him that the ban would be permanent. “We have confirmed that you are not eligible to use Facebook,” the message read in Vietnamese. Towards the end of murder trial held over the clash, a Facebook spokesperson said Thuan’s account was blocked due to an error and the timing of the lifting of restrictions was coincidental. The spokesperson denied censoring profiles as per the demands of the government. Thuan’s blacklisting illustrates how willingly Facebook submits to the authoritarian government’s censorship demands.

In April 2018, 16 activist groups and media organizations and 34 well-known Facebook users wrote an open letter to the CEO Mark Zuckerberg, accusing Facebook of assisting Vietnam to suppress dissenting voices. Force 47 or E47, a 10,000-member cyber unit was singled out in the letter. The letter called the unit “state-sponsored trolls” that spread misinformation about the Vietnamese pro-democracy activists.

Force 47 was deployed in 2016 by the state to maintain a “healthy” internet environment. The cyber unit took advantage of the very apparent loophole in Facebook’s community guidelines which automatically removes content if enough people lodge a complaint or report the post/account. The letter alleged that the government used Force 47 to target and suspend accounts or content.

According to a report by The Intercept, the modus operandi of E47 is that a member shares a target who is often a pro-democratic political dissident writer or activist. The information of the target who is nominated for censorship is accompanied with an image of the target with a red “X” marked over it. Anyone interested in victimizing the target needs to just report the account or post for violating Facebook’s pliant community standards regardless of whether the rules were actually broken. The E47 users are asked to rate the targeted page one out of five stars, falsely flag the post and report the page itself.  

Do Nguyen Mai Khoi, a singer and a pro-democracy activist, popularly known as “the Lady Gaga of Vietnam” has been tirelessly trying for over two years to get Facebook to care about the censorship in Vietnam. She has tried to get Facebook’s attention to the fact that groups like Force 47, a pro-government Facebook group of police, military, and other Communist party loyalists have actively been collaborating to suppress the voice of dissidents both offline and online. Her evidence has been substantial and her arguments carry ample clarity. Despite several interactions with Alex Warofka, a Facebook product policy manager for human rights, Mai khoi’s efforts have not been sincerely addressed. Instead, what they claimed was more infuriating. They said “We were not able to identify a sufficient level of community standards violations in order to remove that particular group (E47) or those particular actors.” Since E47 actors are under real names, photos and authentic identities, Facebook dismissed Mai Khoi’s evidence. “At a high level, we require both widespread coordination, as well as the use of inauthentic accounts and identity,” Warofka told Khoi.

Dipayan Ghosh, a former public policy advisor at Facebook and the co-director of the Digital Platforms & Democracy Project at Harvard’s Kennedy School stated:

“I think for Zuckerberg the calculus with Vietnam is clear: It’s to maintain service in a country that has a huge population and in which Facebook dominates the consumer internet market, or else a competitor may step in. The thought process for the company is not about maintaining service for free speech. It’s about maintaining service for the revenue.”

It wouldn’t be surprising to note that the inconsistency of Facebook’s ostensible community guidelines and policies extend beyond Vietnam. In 2016, during the time of political unrest in Turkey, access to Facebook and other social media were repeatedly restricted and further complied to the Turkish government’s request to restrict 1,823 pieces of content which the government deemed unlawful. In 2018, Facebook owned Instagram complied with demands of the Russian government to remove content related to opposition activist Alexei Navalny’s anti-corruption investigation therefore making it inaccessible for over 5 million users who watched and followed Navalny’s investigation. Facebook also routinely restricts posts that governments deem sensitive or off-limits in countries including Cuba, India, Israel, Morocco and Pakistan.

While the CEO of Facebook, Mark Zuckerberg, claims that the platform protects free expression, Facebook has been an active facilitator and flag-bearer of autocratic regimes. The social media giant’s apparent indifference and ignorance has failed its users terribly.

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