American Constitution: Separation of Powers and Checks and Balances
Instructions: Please explain how the Constitution provides for a system of separation of powers and checks and balances. Include recent examples of these concepts in action.
Solution.
American Constitution: Separation of Powers and Checks and Balances
American Constitution’s system of checks and balances is well defined as segregation of powers, is what our Founding Fathers fused as bureaucracy harmonizes in the United States of America. The administration was split into three separate and precise capabilities and was written in the American Constitution (Steve, 2016). The sole purpose of dividing the American government into three entities was to make certain that no political party or anyone would gain too much authority and that every citizen of the US has his or her right secure, a logical representation is required for those citizens by the administration or government.
The regulations in the American Constitution depicts “separation of powers” through establishing three partitions within the government that are capable of determining/check and supervise deeds in another branch as stipulated by Article 1, Section I of the American Constitution. First, The Executive Branch, consisting of the president and his administration, operates the government and contrive laws. Secondly, there is the Legislative Branch, comprised of the Congress (the Senate and the House of Representatives) who are the makers of the laws or they express legislations in writing. Lastly, there is the Judicial Branch, comprises of the Supreme Court, and all other lower courts, they explain the laws to the citizens of America. Each branch of the government has little control over the other branch. For example, The Congress can make a bill, which would be a law, later on, the President either signs that bill or veto it. If the president vetoes it, the Congress can override a veto by having a two-thirds vote for the bill to be converted into law. Additionally, the Congress has the power to test honesty or inquire more of the President; they also approve of the executive branch expenditures and war declarations and treaties signed by the president with other countries. Judicially, Congress must agree and approve the judges, and these judges can outline if presidential activities are either constitutional or not.
The division of power as expressed by the partitions in the American government makes sure that no single entity (person, country, or political party) will gain massive power and exercise those supremacies in a tyrannical manner. No President may practice tyranny as they are supervised by the people’s voice, Congress, and the law, Supreme Court. By having these checks and balances within the administration, there is an equal voicing of the civilians’ concerns and their influential characteristics to the government through voting in their favorite President and Members of Congress. Slow law making process is evident due to these checks and balances as each branch has influence over each other. The slow-pace lawmaking process was meant to impede notions of the public and ensure a more fair and considerate outcome in the legislative process (Steve, 2016).
Conclusively, our founding fathers, authors of the American Constitution, devised this system of separation of powers to make it unbearable for this country to be ruled by tyrants or ruthless controls. The limiting of authority to each branch helps in creating a considerate system that takes off any flaws in the law-making process. Laws mainly affect citizens (Vile, 2012). Therefore, the three branches of the government have certain powers and these powers are limited and checked by another branch (Vile, 2012).
References
Pestritto, R. J. (2007). The Birth of The Administrative State: Where it came from and what it means for limited government. Heritage Foundation.
Steve, M. (2016, July 3). Constitutional Topic: Separation of Powers. Retrieved from USConstitution.net: http://www.usconstitution.net/consttop_sepp.html#america
Vile, M. J. (2012). Constitutionalism and the Separation of Powers. New York: Liberty Fund.