Separation of Powers/Checks and Balances
In the United States, separation of powers between the three branches of the government is clearly defined. The powers of each branch are clearly determined such that no branch can carry out an activity that is supposed to be done by another branch. In addition, the constitution provides that no branch can delegate its powers to another branch (Hargrove, 2000). To facilitate effectiveness of the separation of powers, the constitution requires that individuals cannot serve in more than one branch. For example, an employee in the judiciary cannot at the same time be legislator.
Checks and balances are provided for in the constitution. The three branches of the government limit the powers of each other. The executive checks the powers of the legislature by having the power to refuse to sign the bills passed by the legislature. The bill can be referred back for amendment. The executive also checks the powers of the judiciary by having the powers to appoint judges and also the president can pardon the people in jail (Hames, 2011). The legislature checks the powers of the executive by having the power to impeach the president in case of misconduct. The legislature has the powers to accept or reject the judges appointed by the president. The legislature checks the judiciary in that it can impeach judges who engage in unacceptable behavior. The judiciary checks the powers of the executive in that the chief justice acts as the president in case of impeachment.
The separation of powers is necessary to avoid duplication of responsibilities which is not necessary. It also ensures that no branch hinders the other from performing its duties as required. Checks and balances were put in place to ensure democracy in the country (Hames, 2011). It ensures that no one branch misuses its powers. The checks also ensure that the poor people are fairly treated by avoiding formation of laws that favor the rich. It also facilitates easy running of the US government considering the fact that it has only two political parties.
Generally, the operation of separation of powers and checks and balances are usually applied always. The appointees by the parliament are usually tabled in the legislature for approval. The bills made by the legislature are usually taken to the president for assent (Hargrove, 2000). Some of the presidents in the United States have exercised their veto power by refusing to sign bills. This clearly shows that the separation of powers and power checks and balances apply in the daily life as provided for by the constitution.
References.
Hargrove, J., & Smith, B. (2000). Judicial branch of the government. Carthage, Ill: Teaching & Learning Co.
Hames, J. B., & Ekern, Y. (2011). Constitutional law: Principles and practice. Clifton Park, NY: Delmar Cengage Learning.
