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 4:51 PM

How the People Power brought down a Dictator in Sudan

Africa has witnessed many transformative events in the past decade. Among these, a people-led movement in Sudan that has overthrown a dictator in 2019 will undoubtedly take the cake.

The country has been under the ironclad rule of General Omar al-Bashir for over 30 years. The regime which came in power after a military coup in 1989, used strong arm tactics to control a nation of the diverse group of people. Furthermore, the 30 years long repressive military rule had overpowered every institution that promoted the cause of human rights. It also empowered the conservative Islamic leadership that had put harsh restrictions on women.

The regime of Omar al-Bashir was fiercely opposed by the Western countries while Saudi Arabia and the United Arab Emirates were its heavyweight backers. It had to grapple with people led movements throughout its existence which also included a full blown insurgency movement in Darfur region. However it was able to put down any challenge through brutal force.  

The people's movement to overthrow General Omar al-Bashir started in December of 2018 had such inclusiveness which was not witnessed in the earlier movements. It was powered by all the classes and ethnicities in posh as well as the poorest of neighbourhoods. Some adrenaline-fuelled women leaders encouraged other women to participate in the protests which not only increased the diversity of the people fighting for the nation but also helped to keep the movement non-violent. It also had the youth power which was yearning for a better future for them and their country.

The mobilization of millions of citizens on the streets forced the government to block the internet throughout the country for weeks. With online communication difficult to make, the protestors started using old ways to mobilise, such as megaphones, graffiti all over the streets and crowd-pulling events like a community service day. This included clearing trash areas in clothing that promoted their movement saying: ‘We will build what we are dreaming of.’

The protesters demanding civilian rule were met by violence which caused death and injury, many of which were caused by gunshot wounds. However people didn't relent and continued to protest. Huge protests were organised to correspond with the 30th anniversary of the coup that helped bring Bashir to power.  The nation was ready to make people’s revolution happen and was ready to pay the cost.

After the relentless protest, General Omer Al Bashir, who ruled with the backing of the military, was finally overthrown by the military in April 2019. However the people were not ready to accept another military ruler  to replace the earlier one. So the people's movement continued till the military leadership relented to disband the Transitional Military Council and in its place an eleven-member Sovereign Council was constituted in November 2019.

The Sovereign Council, made up of the  six civilians and five military representatives, is mandated to rule Sudan and conduct a free & fair election in the next three years. Amongst the civilian council members nominated by the protest movement, there is a woman and a journalist. This in itself is a great step forward for the long oppressed citizens of Sudan.

Reference links -

https://theconversation.com/how-the-people-of-sudan-pulled-off-an-improbable-revolution-132808

https://www.npr.org/2019/07/01/737638806/pro-democracy-protests-fill-streets-in-sudan-calling-for-civilian-control

https://www.aljazeera.com/news/2019/08/sudan-forms-11-member-sovereign-council-headed-al-burhan-190820204821614.html

https://www.bbc.com/news/world-africa-50835344

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