American Government - Assignment Example

of the of the of the American Government Question In an essay of at least three well-developedparagraphs, explain how each branch of the federal government checks the powers held by the other two branches. Be sure to address how the Supreme Court checks the powers of Congress, how the Congress checks the powers of the President and the Supreme Court, and how the President checks the powers of Congress and the Supreme Court. The presidency, Congress and the judiciary, which constitute the three wings of government; namely the executive, legislative and judicial wings, are formed in accordance with the US Constitution’s first three articles. One of the chief characteristics of this Constitution is the separation of power between the government’s wings. All the same, there is an overlapping of powers, in order to prevent any specific wing from acquiring excessive power and controlling the government (U.S. COURTS). There is a check on the legislature by the executive due to the latter’s veto power. Moreover, the Vice President heads the Senate. The military’s commander in chief is the President, who is also the head of the executive. The latter is empowered to temporarily suspend appointments and in times of emergency he can convene a session of Congress. In addition, if there is a dispute regarding adjourning a body of the Congress, the President can intervene and bring about such deferment. The executive appoints judges and grants pardon to people who have committed various offences. The Supreme Court is authorized to verify if any statute breaches the constitution, and it employs the process of Judicial Review to checks the Legislature. Any piece of legislation can be rescinded by the Supreme Court. Nevertheless, the Congress can pass such laws as will take precedence over the interpretation of a statute by the Supreme Court. In respect of Supreme Court decisions based on the constitution, Congress can only propose an amendment to the constitution. At times of impeaching the President, the Chief Justice presides as the President of the Senate (U.S. Supreme Court. In World of Criminal Justice, Gale ). If no majority emerges from the electoral votes, the Senate elects the President and his deputy. Moreover, the legislature can oppose the President’s veto and endorse ambassadors, treaties, departmental appointments and supplanting of the Vice President. It can declare war, allocate funds and impose taxes. The legislature commences impeachments, constitutional amendments; and approves federal judges, specifies a court’s jurisdiction, alters the Supreme Court’s size and places other courts as being subordinate to the Supreme Court. Nevertheless, there is some self check on the legislature, due to its bicameral nature (U.S. Constitution Online). Question 2: In an essay of at least three well-developed paragraphs, explain three ways the federal system of government in the United States promotes the public good The fundamental responsibilities of the US Federal Government are to protect the nation, ensure competition in the market and promote economical stability in the nation. It provides aid to state governments for activities, like maintenance and construction of highways and social welfare (McEachern). The state governments fund public higher education and the maintenance of prisons in states. Local governments finance police and fire protection. The state government provides funds to local governments for primary and secondary education. The federal government’s chief source of revenue is personal income tax, whereas the state governments’ source is property tax (McEachern). The public health system is sustained to a major extent by the efforts of the Governmental agencies. The system of federal government specifies the powers of the federal, state and local government and from this the duties of the governmental agencies ensue. The federal government’s empowerment by the US Constitution to impose taxes, control and spend interstate commerce provides it with the necessary authority to regulate public health (Novick, Morrow and Mays). Question 3: Compare the structure and membership of the two houses of Congress. Be sure to discuss the following aspects in your answer: - size of each house - terms of members - number of members - qualifications of members The US national legislature consists of the House of Representatives and the Senate. The House of Representatives has four hundred and thirty – five members. Their appointment depends on their state’s population and their tenure is two years. The Senate has a hundred senators and each state elects two senators. One – third of the senators are elected every two years. Representatives and senators are elected by direct popular voting. The Capitol Building, situated in Washington DC, is the official assembly hall of the Congress. Bills that are passed by both the houses become the statutes enacted by Congress (Congress. In The Hutchinson Unabridged Encyclopedia including Atlas). Each state elects two senators for a period of six years. Thus, there are one hundred senators representing all the fifty states in the Union. Senators are elected on the basis of their age, citizenship and residency in the states. As such, senators must be at least thirty years old, citizens for the previous nine years and a resident of the state they represent (Davidson). The House of Representatives has four hundred and thirty – five seats which are distributed amongst the fifty states on the basis of their population. The number of allotted seats is proportionate to the population of that state. However, every state is provided with at least one seat. If a state is entitled to more than one seat, then it must create districts that contain equal population. From these districts members are elected, and the population is counted by the United States Bureau of Census every ten years. The number of seats allotted to a state depends on the results of this census. The US Constitution specifies that Representatives should be at least twenty – five years old, citizens of the US for at least seven years, and residents of the state that elects them (Davidson). Representatives are elected for a two year term, and the electorate frequently checks the eligibility of the members of the lower house or popular assembly (Structure of Congress). Question 4: Describe the steps a bill goes through in becoming a law. Include discussion about the roadblocks the bill may encounter as well as how those obstacles are overcome. Your answer should include the six major steps of this process, in the appropriate order. First, the preparation of a bill, in this process, a senator or a representative can prepare a bill if it is found to be necessary and draft the legislation in the first instance. Moreover, a business association or private individuals can request the house to prepare a bill. Under such circumstances, they can assist in the drafting of the bill. Next, this draft of the original legislation is presented to the house for ratification. At this juncture, only a senator or representative can present the bill before the house. The original author of the bill can seek co-sponsors to obtain ratification for the bill. These co-sponsors are members of the house and in general, colleagues of the author. Their sponsorship provides greater weight and credibility to the bill (U.S. Department of State). Second, after the bill is introduced in the Senate or House of Representatives, a number is assigned to it. After this the title of the bill, the name of author and sponsors are published in the Congressional Record. Third, the bill is referred to a committee that has appropriate jurisdiction with regard to the subject of the bill, by the Parliamentarians of Senate and the House of Representatives. Subsequently, the committee may refer the bill to an appropriate subcommittee. These committees and subcommittees are the most powerful bodies with regard to further dealing with the bill that is referred to them, and they exercise their power to ratify or reject bills (U.S. Department of State). Fourth, after the completion of the hearings on the bill, the members of subcommittee may meet to mark up the bill. Marking is a process of accepting, proposing and allowing further amendments to the bill. There will be voting regarding the favorable reporting of the bill to the full committee. A bill that lacks a favorable report does not get enacted. Fifth, in the Senate or the House of Representatives, all the members debate the bill, leading to amendments of the bill or it may be sent back for a fresh review by the committees. Lastly, if both the House and the Senate ratify the bill, then it will be presented to the President for assent. If there is a difference of opinion between the House of Representatives and the Senate regarding a bill, the President of the Senate appoints a conference committee. If even the conference committee cannot find a solution or bring about a mutual agreement, the bill will not be enacted. On the other hand, if there is agreement among all the members, the bill will be passed on to both the chambers, which have to vote for the ratification of the bill without any amendment (U.S. Department of State). Finally, the bill reaches the President for his assent, which is in the form of a signature. There will be four options before the President with regard to the bill, signing the bill to make it legislation; refraining from taking any action on the bill if Congress is in session; keeping it in abeyance if Congress has been finally adjourned – under these circumstances the bill expires; or rejecting the bill through veto. The Congress can override the veto of the President by a two – thirds majority of votes in the House of Representatives and the Senate (U.S. Department of State). Question 5: In an essay of at least three well-developed paragraphs, describe the rights on which the U.S. free-enterprise economic system is based. Explain the benefits of this system as well as the controversy over government involvement in the economy. The free – enterprise economic system permits individuals to own property and the means of production. Under this system individuals can exercise their own options, while purchasing goods, and while selling their products and labor. Individuals play a vital role in the area of business (The American System of Business). The main feature of the free enterprise system is the ownership of private property by individuals. Business firms and individuals in the US can enter into contracts that are legally binding on both the parties, in respect of the sale and purchase of goods. The price system allows them to express their choice in the sale and purchase of goods. Individuals can take part in business structure and competition and commence their business or work anywhere in the US. Thus, individuals and businesses can further their interests and freely conduct their business. Moreover, the government does not interfere with the economic structure of society (Free Enterprise: A Context For Technology). Private businesses and industries are regulated by the government, by means of economic and social regulation. Prices are regulated and controlled by economic regulation, which protects consumers and small business firms from corporate giants, in the absence of competition in the market. This is a unique characteristic of economic regulation because consumers and small businesses are more vulnerable to exploitation by powerful companies. Furthermore, economic regulatory interventions protect most companies from ruthless competition, which could destroy the entire business. On the other hand, social regulation develops measures and objectives that are not economic in nature. Under such regulation, there will be safer and more hygienic workplaces for employees. As such, it is designed to dissuade and proscribe detrimental corporate behavior against employees (The Role of Government in the Economy). Works Cited Congress. In The Hutchinson Unabridged Encyclopedia including Atlas. 2005. 10 July 2008 . Davidson, Roger H. "Congress of the United States." Microsoft® Student 2008 [DVD]. Redmond, WA: Microsoft Corporation, 2007. Free Enterprise: A Context For Technology. 10 July 2008 . McEachern, William A. Economics: A Contemporary Introduction. Thomson South-Western. ISBN: 0324288603 , 2005. P 62. Novick, Lloyd F, Cynthia B Morrow and Glen P Mays. Public Health Administration: Principles for Population-based Management. Jones & Bartlett. ISBN: 0763738425, 2007. Pp. 69 – 70. Structure of Congress. 10 July 2008 . The American System of Business. 10 July 2008 . The Role of Government in the Economy. 10 July 2008 . U.S. Constitution Online. Constitutional Topic: Separation of Powers. 16 December 2007. 10 July 2008 . U.S. COURTS. Separation of Powers. 10 July 2008 . U.S. Department of State. The Federal Government. October 2005. 10 July 2008 . U.S. Supreme Court. In World of Criminal Justice, Gale . 2002. 10 July 2008 . Read More