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 4:49 PM

Bashar Al Assad going after his cousin: A rare split in tightly knit ruling Alawite clan of Syria

Syria is ruled by the Al Assad family since 1971 till date. Hafez Al-Assad, the father of the current ruler of Syria, Bashar al-Assad assumed power through a coup in 1970 and remained in power till he died on 10th June 2000. He was succeeded by his son Bashar al-Assad. The Al Assad family belongs to a minority Shia sect called Alawite which constitutes about 10 to 15 percent of the total population of Syria.

The Alawites had traditionally held most of the officer class positions in the military under the French Mandate Syria during the 1930s and 1940s. However it was the regime of Hafez that gave Alawites a disproportionate share in the country’s financial and economic structure as well as the military due to ultra-loyalty to the regime.

It was, however, the death of Hafez, which brought to light the complex equation between the strongly knit Alawite minority influence in Syria’s financial and military interests and the ruling Assad family. Mohammad Makhlouf, father of Rami Makhlouf, Syria’s richest man, and his sister Anissa, widow of Hafiz Al Assad had at that time ensured that the transfer of power to Bashar al-Assad went on smoothly.

Bashar al-Assad had to grapple with the mass movement dubbed Arab Spring in 2011 when people rose against the authoritarian rule of Bashar Al Assad and the preferential treatment received by the Alawites in the regime. The Arab spring later took the form of a civil war which is still raging in parts of Syria. Throughout this difficult period Alawite community stood solidly behind Bashar Al Assad. There was no bigger backer of Bashar Al Assad during all the ups and down, than his cousin and the richest man of Syria Rami Makhlouf.

However for the first time the absolute support for Bashar Al Assad in the tightly knit Alawite community seems to be shaking. In a recent Facebook video, Rami Makhlouf, is seen making allegations that the Syrian regime of Bashar has been going after him and his company assets because he raised voice for Alawite families which lost members while serving the regime, but were left to fend for themselves. There have been unconfirmed reports that Rami has been under house arrest since last summer.

Multiple reasons have been cited for the Assad governments’ sudden outburst against Rami. Some experts suggest it is because of Rami’s immense wealth, which in turn makes him a possible rival to Bashar, or the lavish lifestyle of the Makhlouf’s, as evidenced by Rami’s son Mohammad who was seen boasting about their wealth and showing off pictures of his private jet to multiple newspapers around the world. Whatever be the reason behind the regime going after Rami, it is quite evident that they are under severe pressure to churn out cash to revive the dwindling currency. While his son might have dented his family’s rather away from limelight public image with his public show-off stunts, it appears that Rami himself has not been up to the mark in rolling out enough credit for the Assad regime.

The ongoing saga of Rami Makhlouf brings to light the complex relationship between the Assad regime and the dominant Alawite minority, indicating a clear rift between them. A former Syrian diplomat who defected from the Syrian Embassy in Washington in 2012 said “It’s very big. Rami was in the inner circle from day one of Bashar’s rule. He’s built into the regime. To take him out would be like a divorce.”

It will be interesting to see whether the Alawite community will continue to back Bashar Al Assad or Rami Makhlouf will be able to sway a significant section of the community to take a stand against Bashar Al Assad. Watch this space for further updates

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