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 4:50 PM

Has Hollywood finally decided to fight “Reel Life Racism”

Back in the 1960s, when the Civil Rights Movement was slowly gaining momentum in the United States, broadcasting services were employed to gather support for the movement. Images of various kinds of atrocities and violence being rendered to nonviolent Black demonstrators were broadcasted into American houses to raise awareness about the movement.

However, the response of Hollywood so far can be explained in a single word- tragic! Hollywood as a major media and content producer has massively shaped the American culture. However it has not much to show as a positive influence on race issues.

A classic 1940’s musical movie, Holiday Inn had the famous song in which White stars performed in blackface. In a 1980s hit, “Indiana Jones and the Temple of Doom” the Indians are depicted as barbaric and uncivilised. The list of such racial stereotypes is huge to be reproduced here.

Legendary Hollywood actor John Wayne made highly offensive comments in a playboy interview. His exact words are, “I believe in white supremacy until the Blacks are educated to a point of responsibility. I don't believe in giving authority and positions of leadership and judgment to irresponsible people.” He further goes on to make a series of comments, that ideally should not be coming from someone with so much influence in Hollywood.

Many legendary actors and industry icons too have struggled due to racism in Hollywood. Bruce Lee is a fine example of a person who fought against racism in the industry and refused to be cast in many roles that portrayed Chinese people in a negative light. He ultimately moved back to Hong Kong, partly due to the lack of appropriate roles. Actress Lucy Liu has also spoken about how she was too naïve to understand back in the early days as to why her friend would get multiple auditions every day, while she managed two or three in a month.

In 2015, there was a massive uproar regarding the Oscar winners after the academy awarded all 20 nominations to white actors. It quickly gained momentum with the hashtag #OscarsSoWhite becoming a global trend. Before #OscarsSoWhite, no one would have bothered to notice that 86% of top films predominantly featured white actors.

As per a Washington Post survey, film directors who ranked as the most influential decision-makers at Hollywood were predominantly whites. Hollywood might stress for newer reforms against racism on the big screen but that is not the reality at all. To put things into perspective, the Hollywood academy has never revealed information about the diversity of its members involved in the branches of the academy, such as writers, directors, etc.

The response of Hollywood movers and shakers was always akin to a tokenism, a call to push for producing more content involving black writers, producers, and actors.

George Floyd’s death was just the trigger it needed to burst out in the open the pent up anger over the centuries of discrimination, oppression, and systematic injustice meted out to black people. The way black people are portrayed in reel life directly impacts society’s attitude towards them in real life.

People started demanding that Hollywood production companies and studios should involve the people from the community in the decision-making process when the movie plot is based considerably on the members of those communities. They have also demanded that older movies depicting racially insensitive narratives should be taken out of circulation.

Disney, one of the most reputed names in Hollywood, chose to remove the movie “Song of the South” from US distribution, when the criticism for the movie grew, even though it remains available for those who know where to look. They have also announced the plan to revamp the famous Splash Mountain ride at Disneyland and Disney World to include the character of Princess Tiana- Disney’s first African American princess from the movie The Princess and the Frog.

UK TV broadcaster Sky has added a disclaimer to approximately a dozen films stating, “This film has outdated attitudes, language and cultural depictions which may cause offence today."

HBO max recently pulled the iconic film, Gone with the wind because of its controversial depiction of black stereotypes. It returned with a four and a half minute introductory video by black scholar Jaqueline Stewart for a better understanding about racism.

Ever since the resurfacing of the playboy interview of John Wayne, students and alumni at USC have been protesting against Wayne’s exhibit at the campus. However, USC has finally decided to remove the exhibit.

All these reforms are a direct result of the audience being more and more aware of racism and prejudice. However, it is Hollywood’s turn to step up and push for bigger reforms. While it would be a challenging and bold endeavor, Hollywood’s global influence makes it imperative for the industry to undergo much-needed reforms.

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