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

Physics and Technological Revolutions

As he witnessed the first detonation of a nuclear weapon on July 16, 1945, a piece of ancient Scripture “Bhagwad Geeta” ran through the mind of Robert Oppenheimer: “Now I am become Death, the destroyer of worlds”. Oppenheimer, alongside the likes of Richard Feynman, Enrico Fermi, George Gamow, was part of the star-studded Physicist squad behind the Manhattan Project.

The biggest implications drawn from the end of WW2 for many might have just been the incoming power Struggle between the US and Soviet Union, but for your average American it went to a great length to show that Physicists form a breed of people who can build dangerously effective technology.

That fact, however, would have been evident to anyone with a brisk walk through Human History itself. Physicists have arguably provided the most significant contributions to the Technological Development of our race. From Archimedes building light reflectors to save the Greek Army from Roman Infiltration to the large-scale Ballistic Missile systems made during WW-II, weaponry technology has been highly influenced by physicists in every generation.

But mere list of armaments cannot do justice to the role played by Physics Research in Technological Developments of our society. To get a feel for that, let’s go back to the fathers of Modern Physics as we know it; Sir Isaac Newton and Galileo Galilei. Galileo had his long list of achievements in creating cutting edge technology of the day, ranging from Telescopes to Thermometers & the Magnetic Compass. Sir Isaac for his part was the reason behind the advent of the Industrial Revolution in Great Britain!

The simple Atwood Machines which have today become mainstay material taught to College Freshman and High School Seniors worldwide, were actually the kind of mechanical models on which the large-scale Factory Machines were built. Newton’s laws kickstarted the modern Technological Revolution and ever since then, Physics has been a constant source of inspiration behind all Technology.

The great pioneers in the field “Natural Philosophy” (the physics of today) after Newton continued the trend which their illustrious predecessor had started. The seminal works on Thermodynamics by the likes of Lord Kelvin, Ludwig Boltzmann, James Clerk Maxwell etc. played the decisive part in creating automobile engines and really any technology which dealt with heat (Spoiler Alert- There were a lot of them!). Maxwell’s work on the famous equations on Electromagnetism now named after him played the most significant part in the mission of making Electricity available to everyone (a conquest now just famously remembered for the fight between Nikola Tesla and Thomas Edison).

While one can point out that Theoretical works cannot lead to new Technology on their own, that assertion is only the half-truth. Sure, building technology on the basis of theoretical physics is mostly down to the Engineers, but one cannot underestimate the effect new theoretical developments and their possible uses have on the construction of new technologies. After all, if one was not able to understand the principles of the conversion of mass to energy or Electric & Magnetic Fields are coupled to each other, then expecting the construction of Nuclear Reactors and virtually all Electric Tech today would have been off the table.

So one might ask, what are the new theoretical ideas which can guide the next leap forward technologically? Well, no one can be quite sure of the form which technology will take in even a couple of decades (who would have thought that Server systems designed for efficiently using giant Data in CERN would one day be heavily used for making memes!).

I would go as far as to say that we have not yet completely exhausted the technological possibilities of the Special Theory of Relativity itself, the most prominent example of game changing technology based on that has been GPS Communication systems. One can hence fail to even imagine the kind of technological (and Industrial) progress technologies built on the revealing concepts from General Relativity and Quantum Mechanics can bestow upon us (I’m even refraining to comment on the Quantum Field Theoretic parts!).

Whatever that physics will lead us to is a mystery time will be most suited to answer, but one can see the effects of Quantum Mechanics in the next Computational Revolution itself; Quantum Computing. To put into perspective the extent of development Quantum Computing can bestow upon us, consider the following.

Computational devices today, which are stronger than the computers which put humans to the moon, are fundamentally built upon binary bit systems. From generating Big Bang like Energies in CERN and reaching past Saturn, to making all the knowledge available to everyone has been done in two bits. While Quantum Computers, which are being vividly researched on, can work with virtually infinite bits ! So, hold on tight as exciting new physics promises some large-scale changes on our Civilization as a whole.

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