The executive branch of state government - Essay Example

The executive branch of state government Introduction The United State administration constituted of the three government branches which entail the legislative branch for law making, executive branch for law enforcement and the judiciary that decides appearing cased under the law. Each of these branches has unique roles towards the making and enforcement of the regulatory process. Discussion Executive The department comprises of the state leader, his assistant president and cabinets. The cabinet of the US comprise of about fifteen levels. These levels of division depend on the role played by each of the department. The US president has authority over this sector and he is in charge of selecting the assistant president as well as the cabinet who head various department. The public elects the president to serve a term of four years after which he can be reappointed to power again, (Brannen & Baker, 2005). The presidential position term is renewable once through reappointment. The executive ensures that the national laws implemented and enforced, (Ferguson, 2006). This is done in order to ensure that the daily responsibilities of the federal government are carried out smoothly. These responsibilities include collecting of taxes, representing the political and the economic interests of United States to the world and safeguarding the affair of the nation within its borders. The president enacts and implements the legislative laws. The president also bargains contracts, and he heads the armed forces and the state. Legislature The congress also labeled as the legislature comprises of the senate and the members of the house. The senate comprises of two legislators from all the states and the assembly involves the two houses. Similarly, the senate consists of about one hundred senate members, each state with two representatives, and the public appoints the senate members from their states. They serve for the period of six years after which can be reelected for another six-year term. The nation’s assistant president heads the congress, (Gershman, 2008). However, he is not expected to vote unless in a special case like when a tie between two powers occurs. The senate also has the duty of approving the presidential nomination to the cabinet as well as other related posts. The senate should rectify the contracts made by the government by approximately two-thirds approval votes. The representative body consists of state representatives from various regions. The population they represent from their respective states determines these representatives. Presently, there are about 436 house members. The increasingly populated states give more representatives to the legislature that the scarcely populated states. The representatives are appointed by the public to rule for a term of two years, and the representatives appoints the speaker of the house. The crucial role of the legislative department is to make state laws, by first drafting the law and later discussing it, (Hall & McGuire, 2005). The congress votes whereby by if the law is voted in by at least two thirds, is adopted as law for the nation upon approval by the president. The judiciary The judiciary entails the Central Court of the US (that head the judiciary) and minor national courts, (Garcia, 2003). The difficult cases from the legislative department are taken to the judiciary for hearing. The body rules whether a case is legal from the constitution or not. The president chose such justices and the senate approves them. The power of the Supreme Court is final and thus cannot be challenged by any court. Theories Collective action This theory explains how people can cooperate to over social dilemmas they face. Collective action hypothesis suggests that people have the power to discern cooperation values and social rules. This is a shift from the normal capacity of a human being, in which he exhibits self- interest and short-term benefits. This extends the accomplishment of the collective action. However, the solidarity attitude can be eliminated if reciprocation does not occur. Therefore, the level of a cooperation a human being exhibits depends largely on the social context. The theory of collective action has emphasized that self-interest is the foundation for developing the social and cooperative norms. In order to achieve the collective action behavior, community is a basic environment and agent of enhancing this. In these communities, the people have strong cooperation culture. This is not to mean that being cooperative is inevitable but because of the problems that emerge from being self-centered. Free market The ideal of free market denotes a market context where operations are carried out voluntarily. In this market, national balance or equilibrium amidst the product demand and supply occurs. The equilibrium price arrived at; the suppliers offer their products to the buyers according to their requirements and ability to buy. In free market, there are no restrictions to entry be others suppliers. Profit is not essential to the suppliers in this context. The most crucial drive is to cater the demands of the clients. However, the distributors still make profits. Another characteristic in the theory of a free market is that the market exists in a setting where there is no government, no regulations and no subsidies. However, the government features in, this market when, there a need to stop collusion of any kind that may exist among the market participants. The controlling factor of distribution in this market economy is the power and the willingness of the purchaser to purchase available products. The buying power of the customers depends on key aspects such as market labor, social status and economic market. Experts agree that the economic expansion of a country is directly comparative to the economic freedom of the people although, this cannot be proven. Some economists have argues that free market can result to market failure thus a creating a need for a government. Fairness redistribution theory The theory is grounded on the premises that society is a unit group of people who employ cooperation principle for the mutual advantage of all. The idea of fair distribution should address the appropriate allocation of advantages and limitation in a social context. In developing, this ideology, Rawl, assumes that the initial status of a person is the ignorance assumption. One does not realize his position in community. Therefore, from this assumption, no person benefits or suffers in the process. The principle of fairness will lead to a reciprocity and justice after every transaction. Question 2 Can skywalker be fine and or jailed when arrested by EPA? Assuming that the EPA agents come into the Skywalkers store and arrest him, he cannot be fined nor arrested. This is because, nowhere has it been proven that the law had undergone the law making processes before it was passed as a regulation. Before passing any law, in any department of executive, the law must be approved by the president for discussion in the legislature. If approved and voted in the legislature, it is approved and passed as a law. The law regulating the manufacturing of glass coffee tables has no prove of having undergone such a process. Therefore, the EPA agency has no right to fine and or sue Skywalker. In addition, before the penalty for the bending the law, the Sykwalker’s case should be investigated. It is after the court ruling that Skywalker can be fined or sued. Before that, nobody can predict whether a fine will be imposed on him or not, (Rao, 1998). The argument of his case would determine the concluding decision by the Superior court. On one hand, if he has all the facts about the process of law making and enforcement, then he will be proven innocent. On the other hand, if he has no valid arguments about the regulations and their enforcement, then he may be proven guilt. From the nature of the case, it is obvious for the accused to argue his way out. Therefore, there are increased changes that the businessperson will not face the law concerning the crime. In addition, the supply of the glass-topped coffee tables should be determined by the willingness to purchase by the buyers who are citizens. If the citizens are satisfied and their need fully met without affecting their health, then the EPA agency has no business to enforce such a law. In other words, the reaction about the danger of using the glass-topped coffee tables should come from the citizens who are the users. It is until then that the agency can form and enforce that regulation. From the federal record, the public did not give any comment. Also, the regulation, before it is passed as a regulation, it should include the input of the public. This is achievable through the publication of the bill before it is discussed. The public should be provided with time to make their contribution. It is the responsibility of the court to determine the fine for the offence. Now that, there is no evidence of the proper procedures having been followed, it will be difficult for the court to enforce the regulation. In addition, for the case to be justifiable, the agency should provide an evidence of the of the glass coffee table to the environment. It should be beyond a reasonable doubt that the glass coffee tables are dangerous. The mistake should therefore, be punishable upon getting evidence. From the information give, EPA has evidence of the production and selling of the glass top coffee tables, but this is not enough evidence before the law court, therefore, Skywalker cannot be fined and or sued. Additionally, there should have been cases related to the glass coffee tables from the public before. From the information given, it appears that there has been no case of any citizen having complained about the glass coffee tables. This is to mean that the products of Skywalker are safe for use by the public. Similarly, the neighborhood has not complained of the coffee tables. This is to mean that, the manufacturing process of the tables is environment friendly and no issues of pollution. For the court to go this depth in the process of investigation, is because, there is no enough provision in the regulation to show under which circumstances should a person be fined or sued for the offence. Given that, there is no such evidence; Skywalker will not be punished for the offence. Is it possible for Skywalker to sue the EPA and challenge the ruling law? If Skywalker can, how he can pursue the suing process and what arguments and truths can he raise so as to get the law regarding banning the glass tops overturned. The business owner can prosecute the EPA agency. This is because it is not constitutional to make regulations that affect the citizens through notice and comment. There is a well stated procedure of making and enforcing any regulation. For any regulation to be passed for implementation, it should be approved, discussed and voted in by at least two thirds of the congress. Without following such a procedure, any regulation made is enforceable. The regulation on the banning of glass coffee tables was made without any consultation and approval of the branches of the government. This makes the ruling to be void. The court will not be able to sue or fine Skywalker because the regulation was made without following the outlined procedures. There is a provision in the adjudicatory department to file the case. Therefore, this gives Skywalker the power to sue the EPA. Such a provision is to ensure that the accused is granted justice, (Nesbitt, 2007). It gives him the allowance to air his grievances before an unfair ruling is made on him. Skywalker can accuse the EPA on this ground. According to the provisions in the federal register, it shows that the regulation was published on November 1, and was to take effect from November 10. This is not enough time to allow the public make their contributions and give comments. In fact, from the information of the federal record, there are no comments from the mass. In addition, before passing and enforcing that law, there should be enough evidence showing why the glass coffee tables should be banned from United States. There should be well written researched information that establishes why glass top coffee e .table is dangerous. Skywalker can overturn this regulation upon informed argument. These are some of the facts that he present in order for the regulation to be eliminated, for instance, it is unfair and unjust to have him arrested. This is because; the regulation was passed without following the required procedures. This can even call for the termination of the service contract of the EPA director if it comes to the knowledge of the president. Assuming Skywalker is able to sue the EPA, what defenses will the EPA assert to try to defeat Skywalker’s case? Assuming skywalker sues the EPA the body will not fail to defend its case. The following are some of the possible arguments brought forward by EPA. First, the department was formed legally and for justifiable reasons. The existence of a conducive and safe environment for citizens of a nation is a crucial cause, (Iowa, 1998). To address this need, the government has formed a department to address the environmental issues. As per the constitution, the head of state has appointed the director to be in charge of the department. Therefore, the sector functions legally. Secondly, in responding to the unsafe environment, EPA has proposed regulation that ensures that the environment is safe. This regulation states that the glass coffee tables should be banned out of United States. The point of this ruling is that the outcome will be essential to the entire. It would be unfair for a few individuals to benefit from the selling unsafe items to the citizens; the public in general suffer from unsafe environment. Therefore, it is rather fair to ban the selling of these items, for the good of the majority, (Sandler, 1992). Skywalker, being the only beneficiary from the income obtained from these tables, it is rational prevent him from selling. Therefore, it is justice to enforce such a regulation to make the environment safe. From another point of view, the environment may not be significantly affected now, but in the future, the environmental condition may be irreversible. To take a precaution against such an instance, it is logical to enforce regulations now. Following that, it is within the mandates of the EPA to accuse Skywalker. Thirdly, the EPA has followed the right procedures of implementing the regulation. According to the federal record notice, the date for the notice is shown, and the time for the law to be effected is shown. On top of that, the regulation was published through the available mass media channels. Therefore, nobody should complain about the lack of knowledge about the regulation, mostly those concerned like Skywalker. Skywalker, continued with his business illegally, because it was already known to him that it is against the regulation of the land to continue with such a business. In addition, he was aware of the regulation and the consequences of breaking that regulation. Therefore, the action taken on Skywalker is justifiable. By the powers placed on the department, by the administration, it has the mandate to implement the ruling. On top, it should define the consequences that come with the breaking those regulations. References Brannen, D. E., & Baker, L. W. (2005). Checks and balances: The three branches of the American government. Detroit: Thomson/Gale. Ferguson, M. R. (2006). The executive branch of state government: People, process, and politics. Santa Barbara, Calif: ABC-CLIO. Gershman, G. P. (2008). The legislative branch of federal government: People, process, and politics. Santa Barbara, Calif: ABC-CLIO. Garcia, F. J. (2003). Trade, inequality, and justice: Towards a liberal theory of just trade. Ardsley, N.Y: Transnational Publishers. Hall, K., & McGuire, K. T. (2005). The judicial branch. Oxford [England: Oxford University Press. Iowa. (2000). The three branches of government. Des Moines, Iowa: Iowa House of Representatives, Public Information Office. Nesbitt, B. (2007). The three branches of government. St. Louis, Mo: Milliken Pub. Rao, C. P. (1998). Globalization, privatization and free market economy. Westport, Conn: Quorum Books. Sandler, T. (1992). Collective action: Theory and applications. Ann Arbor: University of Michigan Press. Read More