Checks and Balances: The Three Branches of the American Government - Essay Example

Checks and balances

Introduction

Checks and balances refer to separation of powers among the three branches of government that include the legislature, executive, and judiciary. Checks and balances is a good idea since it ensures that power is shared among the three branches of government and prevents the abuse of power by one arm of the government. Brannen and Baker outlines that Article 1 of the constitution outlines the legislative powers of the congress while Article 2 vests the executive power in a president of the country (34). Likewise, the Supreme Court has ruled that the judicial power is outlined in Article 3. The concept ensures that the branches of government work harmoniously since the legislative branch makes the laws while the president can block the passed bill through the use of presidential veto powers. Accordingly, the laws made by the legislature can be declared unconstitutional by the judiciary. The executive branch is also tasked with enforcement of the laws made by the legislature through various government agencies that are tasked with the day-to-day administration of the laws (Brannen and Baker 76). In addition, the checks and balances ensure that legislature approves the presidential nominations thus limiting the any possible abuse of power by the executive. Although the president has the powers to nominate the Supreme Court justices and district court judges, the legislative arm of the government plays an important role in vetting those individuals nominated by the president. Although the executive may enter in to treaties with foreign nations, the legislature has the powers to either approve or decline such treaties. The legislature can make constitutional amendments and can impeach the president in case of misconduct or a violation of the constitution. On the other hand, the judiciary has the powers to interpret the laws and make sure that laws made by the Congress adhere to the constitutional provisions. It is evident as shown on the following essay that Checks and balances is a good idea.

The concept of checks and balances in government draws from separation of powers ideals that were advanced by Baron de Montesquieu in the early 1700s. The separation of powers is entrenched in the US constitution that was enacted in 1789. The constitution outlines the three arms of government as the judiciary (Supreme Court), executive (President), and legislature (Congress). Although the executive may argue that separation of power does not limit the emergency orders of the president, the constitution is clear on the functions and power of both the legislature and judiciary (Brannen and Baker 88). The concept ensures that every branch of the government fosters national interest since the other branches have the powers to ensure checks and prevent actions that do not foster national interests. For instance, although the president is the commander-in-chief of the armed forces, the president cannot declare war until the Congress approves the decision. In this case, the checks and balances of power will aim at promoting the national interests rather than selfish interests of the ruling elite (Kowalski 143).

Checks and balances ensure the separation of powers among the three arms of government thus ensuring decisions taken by the legislature, judiciary, and executive are constitutional. The executive is tasked with formulation of polices and administration of the various government activities such as the social services, health services, and public transportation. In this case, the president makes appointments to various federal departments and judiciary, but the congress and senate ensures enough checks on the integrity of the people appointed to those positions (Brannen and Baker 89). The senate will vet the individuals and ensure such people are qualified and will promote the interests of the nations. Accordingly, the president will avoid favoritism or biasness in making such appointments since the senate has the final decision on who serves the nation in those executive positions (Brannen and Baker 93).

The legislature will pass bills regarding taxation and budget including the powers to borrow credit and regulate the inter-state commerce. In this case, the president has to veto the bills regarding the budgetary appropriation and taxation before they become law thus ensuring that they conform to the aspirations of the citizens (Brannen and Baker 98). On the same note, the executive will oversee the budgetary spending that is approved by the Congress thus ensuring finances are utilized prudently in national development. In this case, the separation of powers is a good idea since it ensures prudent management of public finances and accountability in budgetary allocation and spending (Brannen and Baker 95).

Accordingly, the separation of powers is critical in the foreign policy of the country. The government will need to enter in to international agreements and treaties in order to foster global peace, climate change, or commerce and thus the legislature and executive will play a critical role in regulating international treaties and shaping the foreign policy (Kowalski 143). Although there are certain international agreements that do not require the ratification by the senate, a majority of the international treaties that influence the foreign policy will require ratification by at least two-thirds of the senate members. In this case, the legislative branch will have the opportunity to discuss the benefits and potential pitfalls of those treaties before they form part of the country’s obligation to foreign nations (Kowalski 144).

The checks and balances safeguard the minority groups from the majority since the separation of powers ensures that the three powers interact in an equitable and balanced manner that protects minority groups from excessive actions of the majority. The separation is essential in order to prevent tyranny since accumulation of powers in one person may lead to dangerous situations like unwarranted declaration of war (Brannen and Baker 97). The Congress has the sole powers to support and regulate the military through budgetary appropriation and has the sole powers of declaring war.

The checks and balances enable the various arms of government to uphold the Constitution. In this case, the legislative branch has the powers to make the laws. Although any laws may be passed by the legislative branch, there are safeguards that ensure all laws are constitutional (Brannen and Baker 103). The Supreme Court will determine the intentions of the Congress in making the law and exercise judicial review to determine how the law will apply to disputes. For instance, the president may decline to veto the law or individuals can move to the courts to oppose the law that contravenes their rights and the constitution. In this case, the judiciary will interpret the law passed by the legislature and declare the law null if it is not aligned with the provisions of the constitution (Kowalski 159). Therefore, checks and balances safeguard the constitution from any violation by the legislature.

The house of representatives has the sole powers of impeaching the president while the senate has the powers to conduct trial impeachments for the executive and judicial officers. This power is essential since it ensures that the president respects and upholds the constitution in the performance of the presidential functions (Brannen and Baker 112). Likewise, the powers ensure that judicial officers remain impartial in executing their duties. Although the president has the powers to declare a state of emergency and issue executive orders, the congress has the ability discuss whether such executive orders and state of emergency is necessary for the country thus providing a check on the actions of the president. In this case, the checks are good since all the people entrusted with different offices in both the executive and judiciary will concentrate on their mandate and perform their duties according to the existing laws (Brannen and Baker 115).

The checks and balances is an important concept in modern democratic political governance since it enables people to express their opinions, free speech, and freedom of association (Kowalski 167). In this case, the checks on the powers of the executive will encourage democratic ideals since the executive cannot issue directives that limit the democratic ideals in the society. Accordingly, the separation of powers ensure fair trial since the judiciary will avoid undue pressure from the executive will conducting prosecution and will guarantee fair trial to suspects (Brannen and Baker 128). A case example is the terror suspects where the executive may encounter a temptation to direct the courts on how to handle prosecutions in order to guarantee national security and discourage other potential terrorists from carrying out terror attacks. In this case, the judiciary will uphold the existing legislation regarding the imprisonment terms and ensure convictions are guided by the available evidence. Furthermore, the president has powers to pardon for offenses against the country and these powers are essential in circumstances where there is compelling evidence that the prosecution was biased in providing the sentence (Kowalski 169).

Conclusion

Checks and balances is a good idea since it provides for the separation of powers among the various branches of government. The checks control the potential abuse of power by one branch of the government thus preventing tyranny. The checks safeguard the Constitution and entrench democracy thus preventing authoritative regimes from abusing the executive powers. Accordingly, the balances ensure that legislation is aligned with the Constitution since the president veto the legislation while the judiciary can declare such laws illegal if they contravene the Constitution. The checks facilitate effective service delivery to the public since the legislature will approve presidential nominations in executive departments and the judiciary. Likewise, the checks promote prudent utilization of public finances since the congress will pass bills on taxes and federal budget thus ensuring the federal agencies utilize such finances appropriately in service delivery and national development.