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 4:53 PM

Assam Floods 2020: What no one is talking about

With the COVID-19 pandemic under limelight this year, many other devastating incidents are sadly being pushed under the carpet. The raging floods in Assam, a North-Eastern province of India, is one of the scenarios not receiving much attention.

The flooding of third longest river of the world, Brahmaputra and its tributaries have claimed more than 75 human lives and affected a population of over 300 thousand. This is a lot more than the number of people affected due to COVID-19 in India.

As per the Assam State Disaster Management Authority (ASDMA), 26 of 33 districts across the state are badly affected. Roughly 85% of Kaziranga National Park, which is a UNESCO world heritage site and a home to the rare one-horned rhinoceros, is submerged under water, killing as many as 100 animals including nine rhinos. Hundreds of other animals are fleeing the inundated forests and seeking refuge in the nearby villages.

Landslides triggered due to floods have resulted in approximately 25 deaths. Additionally, the fire which broke out at a gas well of Oil India Limited (OIL) in the Tinsukia district of eastern Assam displaced many people from their houses, destroyed tea gardens and polluted Maguri-Motapung Beel, a nearby water body. The fire was so severe that even a month was not enough to extinguish it completely.

However, the state government is doing their best in turning schools and similar places into relief camps and distributing necessities like food, masks and sanitizers to the displaced. Nearly 125 animals have been rescued.  “We have 40 teams of the State Disaster Response Force in the worst-hit areas and the army also is on standby,” says M.S. Mannivanan, head of ASDMA, as of July 16, 2020. Almost 50,000 people are seeking refuge in more than 600 relief camps.

PM Modi finally spoke to Sarbananda Sonowal, Chief Minister of Assam on July 19 and enquired about the floods and the fire which broke out at OIL. He assured his full support as well. The United Nations has also lent a helping hand, stating that it is ready to support the Indian Government, if need be.

Keeping the current pandemic in mind and adhering to the guidelines of social distancing, more areas have been converted into relief camps. Usually, a space of 3.5sq m is allocated to every individual. Whereas now, due to the current circumstances, every person gets double the area. Strict rules are also being followed to ensure safety and hygiene. Fortunately, there are no reported cases from these camps, as of July 19, 2020.

Along with relief camps, many distribution centres have also been set up across 21 districts of Assam. The authorities have distributed about 7 lakh kilograms of staple food items like rice, dal and salt along with roughly 11,000 litres of mustard oil and other required goods, as of July 13, 2020.

The devastating floods which is a recurring phenomenon in Assam indicates that extreme events are now more likely to occur as our weather patterns continue to deteriorate due to climate change. These incidents are merely showcasing the power nature which is unleashed from time to time as a warning to the humankind.

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