How Governments Work - Essay Example

? How Governments Work The most basic purpose of the majority of most governments throughout the world is to protect its citizens. The ways in which government leaders provide this protection can vary. Many world leaders are governed by written and unwritten constitutions in order to help them ensure this protection keep order in society and legitimize government authority. For example the Preamble of the United States Constitution indicates the goals needed to form a more perfect union: the establishment of justice, “to ensure domestic tranquility”, liberty, the formation of a more “perfect union” and to establish defense and to promote general welfare. However the interpretation of these goals and the goals of other national constitutions has been subject to various interpretations. The ways in which these rules and laws were developed and are currently enacted has varied as well. While nearly all governments wish to keep order in their societies, not all leaders go about that correctly. Some leaders go about keeping order by force and passivity. This paper discusses Constitutions and their purposes, various forms of governments, the duties and roles of each branch of government, how laws are enacted throughout the world , the purpose of democracies and how they differ from dictatorships. How Governments Work All nations throughout the world have some form of government. Governments are intended to be in place to protect the governed. They help keep order in most societies , provide certain common services, and protect themselves from attack by hostile countries (in most cases). The way in which these governments were formed and their laws can vary. Not all nations provide for the same level of personal freedoms as others do. Lawmakers rely on written and unwritten rules to help them determine laws for their people. Most governments are run with their people’s best interests at heart while other governments are run for the sole purpose of satisfying the best interests of leaders. A constitution can be defined as a “set of rules and customs written or unwritten, legally established by which a government conducts its affairs.” (Roskin, Medeiros, Jones & Cord, p. 46) Almost every nation has either a written or unwritten Constitution. They legally limit the authority of the government. Authority of the government is divided with laws enacted by one segment and administered by another, and an independent judiciary which acts to ensure that laws are administered fairly. Constitutions describe sections of government, their authority and individuals rights to freedom. These descriptions may change based on adaptations made on existing laws. The amendments of nearly any Constitution cannot be changed so easily however the way in which they are interpreted may change. In the United States the Supreme Court must make sure that the interpretations of various laws do not contradict the intended meaning of the Constitution. The Supreme Court’s interpretation of the Constitution changes as time passes. For example in Plessy vs. Ferguson “the Court ruled that state laws requiring racial segregation in public transportation did not necessarily violate the Fourteenth Amendment , which provides for equal protection under the laws, as long as the transportation facilities for whites and blacks were physically equal.” (Roskin, Cord, Medeiros & Jones, p.337) However many years later the Court ruled that separate public schools for blacks and whites were unconstitutional because they did not promote equality even though the children were educated in similar facilities. Society’s ideas about the rights of individuals had changed but the Constitution itself did not. Constitutions do not have the solution for every legal problem that can arise so it does not need to be specific. Interpretation of various laws would depend on who is in power and how it may be applied to certain incidents. High courts similar to the United States Supreme Court in thirty other nations have this decision making authority. For example in West Germany the Federal Constitutional Court sees to it that all laws coincide with the Basic Law. For governments that do not have an established official written constitution the legislature determines the Constitutionality of various laws. In Great Britain the Parliament is given this authority. (Roskin et.al) There are several reasons why nations have Constitutions. They provide a statement of national goals, give an official structure to the government and attempt to justify the government’s authority. Preambles and lists of rights describe the values, ideas and goals that seem to define individual nations. However these statements are not legally binding and are subject to various interpretations. For example the Preamble of the United States Constitution states one of its goals as “establishing justice,” (Roskin et.al, p. 49) but there are various definitions of justice. A constitution provides a description of responsibilities of government officials, limiting the powers of each branch and providing potential solutions for resolving conflict. Like the United States West Germany and Australia are federal states. Their constitutions give their governments control over certain areas of responsibility such as foreign policy, foreign commerce and coinage. In the United States Constitution any powers the Federal Government does not have are delegated to individual states. They generally control education, police protection, health and welfare services as well as local commerce. Most Constitutions were written shortly after revolutions had taken place, for the purpose of defining the role of the new government. The Articles of Confederation and the United States Constitution represented America’s independence from British rule. The first Soviet Constitution of 1918 “established a dictatorship of the people” (Roskin et. al. p.51) in favor of czarist rule. However a written Constitution is not necessarily needed to legitimize government authority. Britain’s Constitution is made up of the Magma Carta, the Petition of Rights, the Bill of Rights, major acts of Parliament and centuries old customs and traditions. As mentioned previously Constitutions may be adapted in accordance with changes in society. In the United States the elastic clause allows Congress the power to pass laws that are appropriate enough to carry out its powers. For example under the elastic clause it may be implied that Congress can restrict people’s rights to bear arms. In 1948 the General Assembly of the United Nations adopted the Universal Declaration on Human Rights to guarantee basic rights to everyone. “It declares that all people have certain rights that the government may not arbitrarily take away. These include the right to life, free assembly, freedom of expression, freedom of movement and the freedom to participate in the political process by voting or holding office.” (Roskin et. al., p.55) It also guarantees the right to equal pay, the right to marry and provide for a family and the right to an education. The Organization of American States and the Council of Europe have also published similar documents. The establishment of these symbolic statements resulted from some of the human atrocities taking place during and just prior to World War 2. In the 1930’s Joseph Stalin had millions of his own citizens killed for rebelling against some of his new government policies. During World War 2 in Nazi Germany Adolf Hitler had millions of Jews put to death in concentration camps and the Japanese armies of Hideki Tojo were raping and killing many people in China. Adaptations have also been made regarding the right to Freedom of Expression. This freedom is guaranteed in the United States Bill of Rights as well as several other democratic countries. The definition of “free speech” can vary based on how it is interpreted. There is a general consensus that freedom of expression cannot be used in a malicious way to incite hate crimes or other acts of violence. Additionally freedom of expression needs to be restricted in writing. It is illegal to publish materials inciting hate and violence. Sedition can be defined as “any criticism of the government or government officials designed to produce discontent or rebellion among the populace.” (Roskin et.al., p.58) Congress enacted the first sedition act in 1798 against American defenders of the French Revolution during a time when the U.S. was at war with France. The Smith Act of 1940 was another Sedition act. This act was directed at leaders of the Communist party and made it a crime to advocate violent overthrow of the U.S. government or to intentionally join an organization with this intention. In 1957 the case of Yates vs. the United States resulted in the reversal of the conviction of the party leaders. These and other acts of sedition taking place throughout history implies that First Amendment rights depend on the state of national security , viewpoints of the President, Congress and the Supreme Court in power at the time. The Constitution establishes the three branches of the United States government. These are the executive branch, of which the president is in charge, the legislative branch (the Congress), and the judicial branch: The Supreme Court (and other federal courts). The President enforces the laws made by Congress. Congress is made up of the Senate and the House of Representatives. Each state has two senators. In the House of Representatives individuals representing each state meet in order to determine if certain bill should be enacted into law. The number of representatives in each state varies and is dependent on the state’s population . The Judicial Branch of our federal government includes the Supreme Court and nine Justices. The Supreme Court is the highest court in the U.S. Supreme Court justices interprets the law in accordance with the United States Constitution. These justices only hear cases that pertain to Constitutional issues. The federal judicial system also has lower courts located in each state to hear cases involving federal issues. (“Three Branches of Government”, n.d.) The major types of government systems are : An authoritarian system of government is a form of government in which “power is exercised by some particular element with minimum popular input.” (Roskin et.al, p.77)The element may be a family (making it a monarchy), a social class or a powerful political party whose primary intention is to display solidarity when the citizens of a country appear to need it most. A totalitarian government is form of government where rulers try to control individuals by controlling political and economic matters, attitudes, values and beliefs of its people. (Roskin et. al)For example in the late 1930’s German churches had to portray Jesus Christ as a blond blue eyed Aryan instead of a dark haired dark eyed Jew in order to reflect Nazi racial theories. (Roskin et.al)The totalitarian government enforces its citizens to participate in activities and intentionally attempts to force people to side with the government. A democracy is a form of government where its people have the most power. This power is usually exercised indirectly through a system of representation and delegated authority which changes every few years. There is a usually an unlimited level of self-sufficiency within democracies as long as it benefits its society as a whole. Most subsystems are allowed to proceed as they need to unless they threaten public interest. (Roskin et.al.) A Parliamentary Government is a form of government where members of an executive branch (the cabinet and its leader - a prime minister, premier, or chancellor) are nominated to their offices directly by parliament, and must answer to it. This type of government can be dissolved intentionally by enacting laws if they feel it can no longer adequately operate. A dictatorship is a form of government in which a ruler or small ruling group exerts complete power . In a dictatorship citizens are deprived of most if not all rights. They are denied the right to vote for their leaders. Socialism is a form of government in which planning, producing, and distributing goods is controlled by a central government that in theory wants to form a more equal distribution of property and labor. However most socialist governments are ruled in a similar way as dictatorships by a ruling elite class. A state can be defined as “a government structure, usually sovereign and powerful enough to enforce its writ.” (Roskin et. al, p.26) Most people believe that all nations formed before states, however in certain instances it was the states that formed eventually resulting in nations. For example the South African Zulu tribe is actually an artificially created nation created from various tribes by their leader Shaka. The origin of the modern state can be traced back to the Treaty of Westphalia. The Peace of Westphalia was two peace treaties signed in 1648 in Germany. These treaties ended the Thirty Years War which had begun in 1618 in the Holy Roman Empire. This treaty resulted in the view that state interests are the most important above all other concerns including religious concerns. The Peace of Westphalia acknowledged that each state was its own separate entity. They were given unrestricted authority to lead as they wished, and this included the ability to establish treaties among themselves and foreign countries. The heads of the different states within the Roman Empire had complete jurisdiction within them resulting in a decrease of authority of the Holy Roman Empire. (“Peace of Westphalia” n.d.) The Peace of Westphalia declared that the sovereign ruler of a state had power over all elements of both the nation and the state, including religion leading to the concept of a sovereign state. Nation states are states that are self-ruling and not belonging to a larger country or territory. Aside from being self-ruling other characteristics of nation states are organized government, territory, and population. The nation states typically are smaller territories with a less varied population. The population is united through a national culture, a common language and state policy. Citizens of nation states are subject to their own laws and do not have to answer to a higher authority. Their government is the “high authority”. A nation state has complete jurisdiction over its people when leaders do not have a Constitution and when their own customs are in place for its people. (Roskin et. al.)If a nation state has internal sovereignty its government was elected by the people and is legal. Strong internal sovereignty is necessary within a nation state in order to keep order and peace. When this is not in place there may be the potential of violent rebellion from other groups of people who protest against the laws of a nation state. The presence of a strong authority allows leaders of nation states to adhere to agreements made to their people and to enforce sanctions for the violation of laws. If leadership can effectively prevent these violations their nation state is likely to exhibit strong internal sovereignty. (“Sovereignty”, n.d.) The power given to different branches of government in other countries often depend on the form of government in place. In a parliamentary government the prime minister is often appointed by the parliament. The prime minister in a parliamentary government needs to answer to its legislature although he/she is in charge of it as well. The legislature has the authority to ask the prime minister questions regarding decisions made. These question and answer sessions take place once every 2-3 weeks. If the majority of the members do not agree with decisions made by the prime minister they can decide to replace the present prime minister. Some countries also require an election for the prime minister every few years, although generally there is not set term limits for prime ministers. A president usually does not have to answer to the legislative branch except during times when he/she is accused of wrongdoing. Unlike most parliamentary systems that choose their prime ministers presidents are commonly chosen by citizens so he/she may not be from the same political party as most members of a legislature. In some countries such as France the president needs to appoint a prime minister and normally the appointee is from the same political party. The prime minister in a country with a president generally has less executive authority. (Roskin et. al) The chancellor of West Germany is given “free reign” in various segments of government. They are in charge of appointments to the lower house and if legislatures have expressed disapproval over his/her government he/she would not necessarily need to resign. The lower house would need to find to a replacement cabinet before calling for the resignation of the current one. (Roskin et. al.) Every head of government needs to make decisions that affect the future of their people. The president is responsible for fourteen major departments of government, divisions that employ three million civil servants and administrative offices. Presidents and prime ministers can normally make decisions regarding diplomacy without prior approval from Congress or similar government entities in other countries. They are able to “grant diplomatic recognition to foreign countries, negotiate trade deals, and conclude “executive agreements” that are almost like treaties.” (Roskin et. al. p.300) Treaties need to be ratified by legislative branches of government. In the United States that would be Senate. Congress has given the President the authority to interpret laws at his own discretion. The President appoints federal judges, diplomatic officers, and management personnel in federal agencies. Legislatures in democratic societies introduce bills that become law. Laws begin as ideas that usually come from government agencies or government representatives. When a Representative has written a bill he/she usually tries to get someone to sponsor it. The Representative discusses the bill with other Representatives in an attempt to get their support for it. Once a bill has a sponsor and the support of some of the Representatives, it can be introduced. Only Representatives can introduce bills in the U.S. House of Representatives. When the bill reaches is sent to committee members—groups of Representatives who are experts on topics such as agriculture, education, or international relations—review, research, and revise the bill before voting on whether or not to send the bill to Representatives. The Representatives may recommend changes. When all changes have been made, they vote on the Bill. If it passes with House of Representatives it goes to the Senate who then determine whether or not they will vote on it because on the perceived relevancy to the nation. The Senate may pass it and send it to the President. The President has the option of passing the bill and making it law or vetoing the bill. Government then enforces the bill. (“Understanding Federal and State Courts”, n.d.) In parliamentary governments the executive branch introduces legislation directly to cabinet members. In the Swiss government bills are introduced to both government houses at the same time. Very few legislatures have the authority to come up with laws. They commonly monitor the activities of the executive branch by making sure that the president is working in the best interest of his/her citizens. (Roskin et.al) The majority of legislative bodies in the world have an “upper house” ( the U.S Senate, the British House of Lords) and a “lower house” (the U.S House of Representatives, the British House of Commons or the West German Bundestag) These “two chamber legislatures” are called bicameral. Fewer parliaments are unicameral such as China’s National People’s Congress and Israel’s Knesset. In federal systems the upper house represents the segments of the federal system and the lower house represents districts based on population. The United States Constitution indicates that the Senate represents the States while the House represents the people. West Germany’s Bundara is equal to the lower house on constitutional issues. On other issues it may be overridden. In Britain the House of Commons can overrule any objection from the House of Lords with a majority vote. This is also true of the French Senat. The above are two examples of unitary systems. (Roskin et. al.) In the United States the Judicial Branch is headed by the Supreme Court. The responsibilities of this branch of government include interpreting the Constitution, reviewing laws, and deciding cases involving states' rights. Courts decide arguments about the meaning of laws, how they are applied, and whether they violate the Constitution. This is judicial review and it is used to check on the other branches of government. Federal judges are nominated by the president and appointed based on the advice of Senate. Federal judges are usually knowledgeable about the law. They are “invariably lawyers.” (Roskin et. al, p.344) The Senate generally gives final approval on the appointment of federal judges. State judges are elected or appointed for terms ranging up to fourteen years. Each court system is responsible for hearing certain types of cases however neither is completely independent of the other, and the systems often interact. The primary goal of both court systems is to resolve legal issues and vindication for legal rights. After hearing both sides of a court case the judge makes an impartial and appropriate decision after the jury gives its verdict on factual issues of the case. In Britain all judges are appointed by the monarch with the suggestion of the prime minister whose choices are made by the suggestion of the Lord Chancellor. Appointments are for a lifetime. The British judiciary system is weaker than that of the U.S. because of Britain’s lack of a written constitution. Unlike the United States Britain does not have professional District Attorneys to prosecute cases. Lawyers are hired to prosecute cases. In countries throughout most of Europe judges play a more active role than in common law countries. The judges may investigate cases before they are brought to court and in the case of France the judge decides to indict. The Court can even take the lead in obtaining evidence. In most European courts a defendant is deemed “guilty until proven innocent.”. In an American or English court prosecutor must prove the guilt of a defendant beyond a reasonable doubt. In most European countries the defendant needs to do that. Democracy is government for the people, where the majority rules. In a dictatorship one leader controls all segments of his regime and if citizens protest they are faced with serious consequences. (“ Nations Forms of Government”, n.d) Dictatorships determine the rights of its people and economy. In a democracy voters choose the public officials that will represent them. “In representative democracies , the voters elect representatives to act as legislators and as such to voice and protect their general interests.” (Roskin et. al, p.67) People who live in democratic societies have the right to protest in a non-violent way against officials and against policies they do not agree with and find threatening. Voters may choose between candidates regardless of party backing. For example, George Bush’s election in 1988 got many more people to vote than usual due to the decline of inflation and in 1987 Britain Prime Minister Margaret Thatcher was reelected because many British people were pleased with her economic policies. In democratic societies most leaders realize that in order to effectively govern its people they need to know what the people want in order to be able to respond to their needs. They use information found in public opinion polls to help them determine this. However they tend not to rely too heavily on these polls. In democracies policies that the majority of the public has supported generally become policies that the government enforces. (Roskin et. al) There is also freedom of the press. This information in various forms of mass media provides citizens with information about the government, encourages citizen involvement and raises public awareness and enables rulers to try to meet demands. Dictatorships lack freedom of the press. They control the mass media in order to hide illegal acts and corruption and “lull the public into passive support.” (Roskin et. al., p.72) In dictatorships one political party is generally in existence. The party is usually led by someone who is strongly identified with the doctrine in place. Many dictators have established a cult of personality while in power. “Throughout its history Fascist Italy was ruled by Mussolini; no one but Hitler ruled Nazi Germany; and Mao Zedong was the sole formal leader of the People’s Republic of China from its inception.” (Roskin et. al., p.73) While democracies place emphasis on the people’s needs, involvement and individual freedoms dictatorships place greater emphasis on obedience, command and order. “Therefore the citizen is expected to obey laws and pay taxes that he/she has no voice in establishing.” (Roskin et. al., p. 77) Personal freedom and personal liberties have to be completely sacrificed in dictatorship. When Franco ruled Spain from 1939-1975 he ruled under a government he had rendered passive and obedient. Enthusiastic participation was not encouraged. Freedom of expression and freedom of speech is encouraged in democracies. However democracy demands that people do not abuse their power in any way. For example a person in public office should not use their positions for individual profit. (Roskin et.al.)Democratic governments hold elections for president once every four years and a President can only serve two terms in the United States. Dictators usually come into power through force or by inheriting the position from a family member. ( “Nations Forms of Government”, n.d.)They rule indefinitely usually until death or they are overthrown. In a dictatorship there have been situations where individuals have been wrongfully accused and convicted of crimes without being granted a fair trial. In a democracy every citizen that is accused of a crime is granted counsel and a fair trial. In conclusion while all governments throughout the world are not run in the exact way and did not form in the same way they mostly have the same basic purpose to keep order among the people and protect them. However the ways in which these goals are carried out are very different. Some leaders impose their will upon their people while other leaders try to encourage their people to have a voice in government. References Roskin, M. Cord, R., Medeiros , J., & Jones, W. (1991). Political Science an Introduction. Englewood Cliffs, N.J.: Prentice Hall Inc. Peace of Westphalia. (2012). In Encyclopedia Britannica. Retrieved from http://www.britannica.com/EBchecked/topic/641170/Peace-of-Westphalia Nations: Forms of Government. (n.d) retrieved April 4, 2012, from The History Guy: Forms of Government Web Site: http://www.historyguy.com/nations/government_types.html Understanding Federal and State Courts. (n.d) retrieved April 5, 2012, from United States Courts Web Site: http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStatecourts Sovereignty. (n.d.). In Wikipedia. Retrieved April 1, 2012, from http://en.wikipedia.org/wiki/Sovereignity The Three Branches of Government. (n.d) retrieved April 2, 2012, from Harry S. Truman Library and Museum Web Site: http://www.trumanlibrary.org/whistlestop/teacher_lessons/3branches/1.htm Read More