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 4:52 PM

Late Sultan Qaboos’s Legacy And What’s Next For Oman

On the morning of January 11, 2020, the citizens of Oman awoke to the news that Sultan Qaboos Bin Said, the monarch of the small Gulf nation, had passed away the previous day after a 49-year rule.

The late Sultan Qaboos came to power in 1970, after he overthrew his conservative father in a palace coup with the help of the British. He then set about modernising his impoverished country, using Oman’s newfound oil wealth to fund its infrastructure. When he took over the throne, Oman had only three schools and harsh laws banning electricity, radios, eyeglasses and even umbrellas. By the time he left, Oman developed a good education system, a robust economy, and has become a tourist destination.

Apart from bringing about this ‘renaissance,’ Qaboos also gained worldwide fame for championing neutrality and constructive diplomacy. Despite being located in the Strait of Hormuz in the turbulent Middle East, he maintained relations with countries ranging from Saudi Arabia, Qatar, Iran, Israel, and Palestine, and also with the Houthi rebels in Yemen. Perhaps the greatest result of this long-standing policy was enabling backchannel talks between the US and Iran which led to an international nuclear deal.

Sultan Qaboos also introduced democratic institutions in Oman, issuing the country’s first constitution, granting universal suffrage to all citizens above 21, and allowing the country’s first municipal elections in December 2012. However, he also suppressed dissent to the extent of shutting down news outlets and arresting protestors, journalists and activists, sometimes for opinions expressed on social media.

Oman experienced ripple effects of the Arab Spring in the form of months of protests against corruption and unemployment; and eventually Sultan Qaboos relented by giving more legislative powers to the Council of Oman and promising to increase wages and create jobs. While this satisfied the protestors, it did not mean life under ‘Baba Qaboos’ was all roses and no thorns for everyone. As detailed in this 2020 Periodic Review by Human Rights Watch, Sultan Qaboos revised Oman’s penal code in January 2018, which included “increasing punishments for offenses that relate to the peaceful exercise of freedom of expression.

The last few years of Qaboos’ rule saw economic stagnation and a crash in global oil prices which resulted in high youth unemployment rates  in a country where a significant portion of the population is under the age of 25. The large budget deficits and high debt have prompted the rating agencies such as Moody’s to downgrade Oman’s credit rating to ‘junk’ status. In an attempt to reduce the dependence on oil, Sultan Qaboos launched ‘Vision 2020’ to encourage innovation in other areas. This initiative failed to meet the objective and got renamed as ‘Vision 2040.’

This was the scene laid out for the new Sultan Haitham Bin Tarik, who was designated the new ruler of Oman as per a secret envelope containing late Sultan Qaboos’ choices for his successor.

Haitham bin Tarik was the Minister of Heritage and Culture before his accession to the throne, and also happens to have been the Chairman of the ‘Vision 2040’ committee, among other posts. In his first royal speech, he vowed to continue in the footsteps of his predecessor, especially in regards to the state’s foreign policy. In another royal speech in February, he charted a ‘future roadmap’ for Oman and claimed that he will prioritize education and youth employment. He has been active in these past six months, having issued 70 Royal Decrees concerning appointments, amendments, and new laws, among others.

Sultan Haitham is already being put to the test as Oman battles the COVID-19 along with the rest of the world. Omanis are looking at a new vision with renewed hope, one of the new sultan who brings with him great promises and perhaps a renaissance of its own kind. Will Oman be able to maintain its tradition of neutrality? Will the fight for a progressive and inclusive Oman find its voice? Will Oman be able to save itself from the consequences of a glut in crude oil economy? The citizens of Oman hope and wish that their new sultan will get the right answer and steer the country towards a more secure and prosperous future.

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