Part I: The Checks and Balances, Separation of Powers and Self Government Matrix
Figure 1: Adapted from Patterson (2012, p. 40). The separation of powers derives from the need to limit the government’s power by creating separate institutions that share power with no single power being able to exercise decisive power without the approval or support by the rest of the institutions.
The people of the United States have the power of self-government, expressed in the constitution ensured through the provision for individual liberties. The people have the original power including the power to change the constitution, which subsequently gives and governs the exercise of power. However, in order to prevent the tyranny of the majority over the minority, the framers of the constitution favored a republic over a complete democracy, by which the people exercise power through institutions (Patterson, 2012). The people elect their representatives to these institutions, which operate through restrained power meant to protect the individual liberties. The people delegate the power to the executive and the legislature through elections. In a representative government, the power rests with the people and it is exercised through their ability to elect representatives through free and fair electoral processes (Patterson, 2012). Through the elections, the power is delegated to the representatives, who subsequently exercise the power through carefully designed designed to be responsive to, but not captive to the majority.
The separation and sharing of power among the individual, but interlocked branches of power is a compromise between a complete democracy and the need to protect the interests and rights of the minority (Arnson, 2012). Each branch of government exercises identifiable, but unique functions suited to each, with every branch restricted from exercising complete power. The legislature, comprising of both the Senate and Congress is charged with making of laws that are necessary to carry out the functions of the government. These include the powers to spend, tax, to declare wars and to regulate commerce. The two houses comprising of directly elected members also represent their constituents and the US. As an oversight body, the legislature ensures that the executive carries out its functions faithfully, including the use of funds (Patterson, 2012).
When the Democrats gained control of the Senate and Congress in 2006, they set about scrutinizing the Bush administration justification of the Iraq and Afghan Wars, coupled by Guantanamo Bay and the treatment of enemy combatants. The legislature has since played a critical role in pushing for the end of the Wars in the Middle East beginning form the Bush to the Obama administration. In addition, President Nixon was forced to resign on fears of the Senate impeaching him for unfaithful exercise of power regarding the Watergate scandal. With regard to the judiciary, the legislature must approve the president’s nominees for both the Supreme Court as well as senior government officials. In 1975 for instance, Congress rejected the nomination of John Rutledge as the chief justice (Ackerman, 2011).
On the other hand, the executive ensures that Congress slow decision-making and possible partisan influences are overcome by vetoing legislations that the president deems inappropriate. The president may recommend legislation and call special sessions as perhaps best evidenced by president Obama’s Comprehensive Health Care Reform Bill. Further, in December 2009, president Obama objected to Congress’ decision to halt appropriations for the 2010 fiscal year (Pear, 2009).
The president nominates the Supreme Court Judges, with Congress approving them, besides setting the size of the federal court system, restrict the appellate jurisdiction and impeach/remove federal court judges. On the other hand, however, the judiciary is removed from the people as well as both the legislature and the executive. The judiciary may declare presidential actions unlawful and nullify laws if it believes they are in contravention of the Constitution. The judiciary does also complete the legislature’s law-making power through its court precedents. However, the court’s decision can be overruled by Congress through legislations that exclude unconstitutional/illegal parts that the court has objected to (Arnson, 2012).
Part II: Branches of the Federal Government
- (a) The Executive
Duties & Responsibilities
- Nomination of the Supreme Court judges for vetting and confirmation by Congress before their appointment
- The enforcement of laws as enacted by Congress as envisaged under Article II of the Constitution (Patterson, 2012)
- The president is both the head of state as well as the commander-in-chief of the US armed forces
- The president appoints cabinet secretaries, who head fifteen executive departments, besides other executive agencies such as the FBI, the CIA and the Environmental Protection Agency
- The president may veto proposed bills by the legislature. They cannot become law without the presidential assent (Patterson, 2012).
(b) The Legislature (Congress and the Senate)
Duties & Responsibilities established under Article I of the Constitution and do include:
- Enactment of proper and necessary laws to support the execution of powers vested in any federal government institution (Patterson, 2012)
- Setting of the government’s annual budget, levying of taxes, tariffs, earmarking funds for projects, coupled by funding of government services. It may also authorize the government’s borrowing in order to make up for shortfalls in funds
- Ratification of treaties and trade agreements, through a two thirds super majority
- Confirmation of presidential appointments
- Holds hearings and investigations varied aspects of the executive in order to ensure that the executive conducts itself in a faithful manner
- Empowered to establish courts under the Supreme Court including the District Courts and 13 US courts of Appeal (Pear, 2009)
- Determination of the federal courts’ jurisdiction
- Removal of the supreme court judges through impeachments
(c) The Judiciary (the Supreme Court & the lower courts)
It is established under Article III of the Constitution, with the following duties and responsibilities:
- Interpretation of the constitution (The White House, 2013)
- Nullification of the legislations by the legislature, if they are contrary to the constitution
- Revocation of the executive’s actions if they are contrary to the constitution
- Custodian of the constitution (John, 2011)
- Its judgments serve as quasi-laws, effectively supplementing the legislature’s law-making role
- Interaction of the Branches of Government
The legislature/executive are directly elected on a limited time, and they need to deliver on their promises in order to continue in their positions. In order to meet its promises to the electorate, the Senate/Congress and the executive need appropriate laws/policies. In addition, the executive needs financial resources to finance the necessary government programs/projects. In order to ensure this, the executive recommends to, Congress and ensures that Congress passes desired laws/policies (Patterson, 2012). In addition, the executive requires to have the right people to implement its policies, effectively needing the confirmation by Congress. On the other hand, Congress/Senate requires that the presidential assent to make bills into laws, because two third majorities are extremely difficult to achieve, besides the fact that a considerable portion of the legislature comes from the President’s Party. Through the committees and agencies such as the Government Accountability Office (GAO), investigates the executive and its agencies to ensure that they carry out their functions faithfully. If not, the Senate can impeach and remove the officers including the president and Supreme Court judges (Ackerman, 2011). Other examples include Congress allocating the president a budget in the event of a War, which checks the president’s power as a commander-in-chief.
The legislature’s interaction with the president is limited to the nomination of the Supreme Court justices. On the other hand, Congress is responsible for setting the size and appellate jurisdiction of the appeal courts. Other than these, the court’s interaction with other arms of government are not automatic, except with an action being brought to court by any one or agency (Patterson, 2012).
- Law-making Process
The bill is drafted and introduced to Congress by anyone including by recommendation of the executive. Once introduced, it is referred to the relevant committee (there are 17 committees as well as 70 sub-committees) dedicated to different policy areas. If approved by the committee, it is then the tabled in the Senate or Congress, which considers it through a specifically structured debating process (Ackerman, 2011). The bill is debated on the floor of the house including making of amendments that are subsequently voted on. Once the bill is passed in one house, it must be referred to the second house. The house will sent it to the Committee that considers, and if approved, sends it to the floor of the house for debate and passing.
If the second house makes any changes, then the bill must be passed back to the originating house for debate and a vote, but if considerable discrepancies exist, a conference committee is appointed to reconcile the differences. Both Senate and Congress must then approve the conference committee report. Upon approval, the bill is sent to the president for assent before it becomes law, but the president may also reject it through a veto or by failing to take any action IF Congress is adjourned during its second session. If however, the president fails to take action within ten days when Congress is sitting, the bill automatically becomes law (The White House, 2013).
Question 4
- Effectiveness of the Government Process
The Senate/Congress/president are directly elected by the electorate based on their promises to the electorate and they are ultimately held accountable by the electorate at the subsequent election. Effectively, it is in the interest of these institutions to serve the interest of the population. However, politics and partisan interests often works against the interest of the population (Patterson, 2012). Decision-making in Congress/Senate is slowed and underpinned with political interests (including filibusters), which slow down bills or lead to important bills being rejected to score political goals. Prior to the Democratic majority in the legislator in 2006, both houses may have overlooked errors in the Bush administration’s justification for the War in both Iraq and Afghanistan. Without political interests however, the three arms of government do, and should work to meet the needs of the electorate. In the event of a failure, the judiciary is an important safety valve to guard against self-interest by the executive and the legislature (Arnson, 2012).
- Personal vs. People Agenda
The interests of the executive/the legislature as well as their respective parties are only served if they satisfy the electorate. Effectively, both the arms of government must be aligned with the interest of the people in order to remain in power. This produces the possibility of the tyranny of the majority that may be to the detriment of the interests and rights of the minority (Pear, 2009). In this event, the judiciary is once more, a critical safety valve to draw pressure from the majority, especially since the judiciary is not accountable to the electorate.
- Influence of the People
Elected officials must play to the gallery in order to secure re-elections. Effectively, the people can influence the decision-making of the elected officials both through the elections as well as after through representations, protests and the media (Iglehart, 2009). The Republican Party’s losses to Obama have for instance been blamed for the party’s failure to respond to the needs of the Latino and youthful electorates. The party’s failure to address issues such as immigration, abortion and the war in the Middle East has been disastrous. Similar influences of the people were critical to the end of the Vietnam War (Pear, 2009). The people’s influence to the decision-making process can never be under-estimated except if a free and fair electoral process coupled by the denial of the individual liberties.
References
Ackerman, B. (2011). Limited War and The Constitution: Iraq and The Crisis Of Presidential Legality. Michigan Law Review, 109(4) , 447.
Arnson, A. (2012). Implicit Balancing in the Adjudication of Criminal Law. Brigham Young University Law Review (3) , 969.
Iglehart, J. K. (2009). More Checks Than Balances in the Struggle for Health Care Reform. New England Journal Of Medicine, 361(5) , e5.
John, C. (2011). Divided We Fall: The Case Against Divided Government . International Social Science Review, 86(3/4) , 166.
Patterson, T. (2012). The American Democracy 10th (tenth) edition. New York: McGraw Hill.
Pear, R. (2009). OBAMA TO SPEAK BEFORE CONGRESS ON HEALTH CARE. New York Times , p. 1.
The White House. (2013, April 14). The Legislative Branch. Retrieved June 6, 2013, from http://www.whitehouse.gov/our-government/legislative-branch
