Introduction
The political class of the United States is made up of the congress and the president. The two bodies have the responsibility of serving their electorate who put them to power. Their roles and responsibilities are clearly defined within the constitution. These powers are distinct from each other and hence eliminate the possibility of wrangles due to misunderstanding of duties. However, there are some levels power such as signing of treaties that are co shared between the president and the senate. Given the distinct powers of the two institutions, there is a need to have a balance check between the two offices so as to ensure proper performance of duties. This paper seeks to outline the distinct powers of the two political institutions. Additionally, this paper seeks to discuss in detail the balance check between the two bodies.
The president acts as a unifying symbol within the nation in his capacity as the head of state. The president also has the legislation role as the head of government and uses this power to participate in legislative programs. He, therefore, represents the wishes of the electorate who elected him into office. The president has several specific tasks that include being the commander-in-chief of the armed forces and acting as the country’s diplomat in negotiating with other countries. The president also encourages the passage of bills by the congress besides acting as a supervisor of the executive.
The formal powers of the president are clearly defined within the constitution. However, some powers like the appointment of judges and ambassadors and making treaties are co-shared between the president and the senate. The president can commission powers within the military, receive foreign diplomats, grant pardon, and convene congress without the approval of the congress. The president possesses the capacity to persuade all the stakeholders within the state to engage in guided leadership. Congress, on the other hand, consists of House of Representatives and the senate. The major role of the congress revolves around enactment of laws. There are various committees within the congress that assists in the process of law making. The congress must also be sure to commit funds that will set the law in motion. The congress also works with the president in ensuring better service delivery to their subjects.
The existence of the three arms of the federal governments necessitates the existence of check and balances between these branches of the government. This enables the government to perform its constitutional mandate. The Bill of Rights outlines the non-existence of domination by any branch of the government. This clause enables the president and the congress to counter check each other. The division of powers between the congress and the presidency enables the congress to monitor the actions of the president. Early presidents within the country used to restrict their vetoes to unconstitutional bills. The evenly distribution of power between the congress and the president enables the congress to check the actions of the president and ensure the president restricts their vetoes to constitutional bills. Moreover, removal powers are concentrated within the congress by the constitution. The House of Representatives has the obligation of impeaching federal officials for misdemeanors and high crimes. The constitution, on the other hand, gives the senate the power to try impeachments. An official convicted of such crimes experiences automatic removal from office and may further suffer a ban to hold public offices in future.
There are certain powers that are bestowed upon the senate alone. Despite the involvement of the president in the appointment of cabinet officials and other high officers, he or she does not have the prime say in the process. The president’s role is to nominate individuals to be appointed to these offices. This gives the senate the powers to check on the operations of the president when it comes to appointments. The senate must approve or disapproves the president’s appointees in the high public offices. The president has the power of negotiating treaties with other countries in his capacity as a diplomat. However, these treaties must receive ratification by the senate with a two-third majority vote for them to be binding. In these two roles the House of Representatives do not have any say.
The separation of powers is essential since it provides for distribution of power to the various branches of the federal government. The distinct powers give various branches weapons for fighting encroachment within any other branch. Any legislation that the president wants has to pass through the congress for consideration and ratification. The congress, therefore, plays a great role in ensuring that recommendations made by the president are within the role and within the interests of the public. As such, the congress ensures that the president does not act in his own interest but that of the members of the public.
The president, on the other hand, has the capacity to check the actions and intentions of the congress in the passage of bills. The constitution gives the president the power to veto any legislation presented to him by the law makers. Any legislation has to achieve presidential assent before it becomes legally binding to the citizens of the country. The congress sustains this veto as the law remains unconstitutional. However, the congress has the power to overturn this veto by gathering a two-thirds majority. The power to veto legislation by the president acts as a check of preventing the members of the congress from enacting laws that serve their personal interests. Members of the congress have to enact laws that serve public interests or else risk president’s veto.
The president also has powers in his capacity of leadership in congress. This provides a chance for the president to choose between various existing options and establish a list of priorities that he or she wants tackled. The constitution provides that the president has the power to recommend measures to the congress whenever he or she finds it expedient and necessary. The president may privately or publicly express his opinion. Nonetheless, such opinions are not binding. As such, it is not necessary for the congress to consider them. The two bodies have the capacity to countercheck the performance each other as provided for by the separation of powers.
In my opinion, the president should not have more authority than the congress in running the country. According more authority to the president only provides for quicker services. However, efficiency may be compromised. For better performance, therefore, separation of powers enables the various branches to countercheck the actions of the other. The less power provided to the president ensures that he or she does not act on unconstitutional bills as it was the case with early presidents. The presidents will lack the power to propagate his personal interests since his or her performance is checked by the congress. This ensures that the president is accountable to his or her subjects and works in the interest of each and every citizen. The powers of the president should be counterchecked by other branches for efficient and effective performance. The performance of any government, however, depends on proper coordination of the president and the congress. Therefore, the branches of government should work collectively for better running of the country.
Works Cited
O'Brien, David M. Congress Shall Make No Law: The First Amendment, Unprotected Expression, and the U.S. Supreme Court. New York: Rowman & Littlefield Publishers, 2010.
Nelson, Samuel P. Beyond the First Amendment: The Politics of Free Speech and Pluralism. Chicago: JHU Press, 207.
Pearson Education. “Presidency.” Integrated Guide to the Text's Resources (2011).
Pearson Education, Inc. “Congress.” Integrated Guide to the Text's Resources (2011).