Last updated: May 19, 2019
Topic: LawGovernment
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Research Paper on Equal Powers Of The United States Government


The Constitutional convention of 1787 brought together the greatest political heads of modern-day America. Work force like Alexander Hamilton, Thomas Jefferson and James Madison gathered in Philadelphia in order to reorganise the weak, inefficient authorities created under our state s foremost written Constitution ; the Articles of Confederation. The Articles of Confederation were brooding of America s frights of concentrated cardinal authorization. This singular group of intelligent work forces stand foring nine out of the 13 provinces nem con elected George Washington as their presiding officer. Alternatively of revising the Articles of Confederation, which was their initial purpose, they plunged boldly in front and drafted an wholly new frame of authorities. The ensuing Constitution, the merchandise of four months of deliberation, was a package of via medias between big and little province influence, between executive and legislative power, between federal and province authorization.

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This papers provided the immature state with a balanced and permanent system of authorities. Our authorities consists of three subdivisions, the legislative, the executive and the judicial, each of which controls a just sum of power. The framers of the fundamental law were wary of puting excessively much power in the custodies of one subdivision of authorities. Therefore, they devised a system of separate subdivisions sharing powers. Under this system of authorities authorization, no subdivision of authorities could rule the others. Each subdivision could merely work in cooperation of the others. The first subdivision of authorities is the legislative subdivision, our bicameral Congress. The being and authorization of Congress are derived from the first article of the Fundamental law: Section 1- All legislative power herein granted shall be vested in a Congress of the United States, which shall dwell of a Senate and a House of Representatives.The Senate, besides known as the upper house, is composed of two senators from each province, elected for six-year footings. Senators are elected by the popular ballot. A Senator must be at least 30 old ages old, a Citizen of the United States for at least nine old ages, and a occupant of the province in which they are elected. Each Senator has one ballot. The Vice President is the president of the Senate. The Vice President may vote merely when there is a dead end in the Senate.

The function of Senators is to stand for their province s involvements in the Congress. Senators are members of commissions and subcommittees that coincide with issues that apply to their provinces demands. For illustration a Senator from Indiana will most probably belong to an agricultural commission. Each of these commissions prepares statute law that they bring to the floor.The House of Representatives, besides known as the Lower House. Representatives are appointed to the provinces on the footing of population. Our House presently consists of four hundred and 35 members. Members of the House by and large represent congressional territories established by the provinces. A representative must be at least 25 old ages old, a citizen for at least seven old ages, and must be a occupant of the province in which they represent. The leader of the House is called the Speaker of the House. The function of representatives in the house is to work at a parochial degree of authorities. Where Senators work for the province as a whole, representatives focus their attempts more narrowly to the local involvements of their components. There are certain power bestowed upon Congress, some of which are, & # 8220 ; the power to put and roll up revenue enhancements, borrow money on the recognition of the US, coin money, declare war. & # 8221 ; The Congress is chiefly accountable for the legislative function of the United States authorities. The Congress chief actions are the transition of Torahs, the confirmation of public policy. The House is besides, harmonizing to the fundamental law, the lone topographic point where impeachment proceedings may get down. The 2nd subdivision of our authorities is the executive subdivision. Harmonizing to Article II of the Fundamental law: The Executive Power shall be vested in a President of the United States of America. He shall keep his office during the term of four old ages. The President is the main officer of the executive subdivision, he is besides the commanding officer and head of the armed forces. The president s responsibilities are to & # 8220 ; Preserve and Protect and support the Constitution. & # 8221 ;

This place consists of a big sum of work for one individual. In dispatching this duty, the President is assisted by huge Numberss of executive bureaucratisms, which concentrates on specific governmental countries of policy. The President is besides assisted and advised in political and policy affairs by members of his cabinet. The President besides has the power to name cabinet secretaries and the caputs of independent bureaus, federal Judgess, and Supreme Court Justices. All of these places must be confirmed by a bulk ballot of the Senate. Finally the 3rd subdivision of authorities is the Judicial Branch. The Judicial Branch is the Supreme Court, which is the highest degree tribunal in the United States. Harmonizing to Article 3: The Judicial Power shall widen to all instances, in Law and Equity, originating under this Constitution. The Supreme Court operates merely as an appellant Court. It reviews the determinations of the lower tribunals. Since there are so many instances traveling to the Supreme Court, they merely review instances that have a legitimate ailment. If they do make up one’s mind to reexamine a instance, they send out a writ of certiorari.

A writ of certiorari is a papers issued bespeaking that the tribunal will reexamine lower tribunals determinations. The Supreme Court consists of nine justnesss, all of which are appointed by the President and checked by the consent of the Senate. Members serve life footings and can be removed merely by decease or surrender. The Executive Branch must implement all determinations made by the Supreme Court. The three subdivisions of our authorities have different responsibilities. In order to maintain a balance of power among the three subdivisions, each subdivision has a cheque on the other. This was a major concern of our sires because of the frights of a subdivision O

f authorities overreaching its bounds of power. This system is called Checks and Balances.

In order to give a clear account of how the American system of cheques and balances plants, I will utilize a theoretical instance as an illustration. I live in Queens, New York. Let s state that I was fed up with seeing awkward senior citizens driving around the country. I report this to my representative, Gary Ackerman. Representative Ackerman so comes up with a measure saying that no individual over the age of 65 may drive an car, as their deteriorating motor accomplishments and reaction times makes them a jeopardy to the safety of themselves, and other drivers on the route. The Speaker of the house refers the proposal to an appropriate commission. Once this measure goes to a commission, it is referred to an appropriate subcommittee by the chair of that peculiar commission. If the subcommittee is interested in this measure, the staff will schedule hearings. During these hearings, members of Congress, the executive subdivision, representatives of associations and even normal citizens speak in favour or in resistance of the measure. After the hearings, the subcommittee begins a markup, which is when they revise, add or delete and fix the measure so they can show it to the full commission. Then the measure is presented, and the floor decides whether to follow the measure. For our purposes and intents, the measure is adopted by the House of Representatives, and is sent to the Senate for blessing.

The Senate goes through a similar procedure as the House, and similarly agrees to the transition of the measure. Once both parts of Congress agree to the conditions of the measure, it is so sent to the President. The President the reads over the measure. Assuming that the President agrees with everything written in this measure. The president now has at his disposal his most effectual cheque on the legislative subdivision. If he feels the transition of this jurisprudence is in any struggle with his ain policy penchants, he has the ability to blackball the statute law. If he vetoes the measure, by declining to subscribe it into jurisprudence, he must return it to the Congress with a written account of his expostulation. However, the Congress so has the ability to overrule such a veto, in the event that a two-thirds bulk of both houses agree that the veto is indefensible. As two- tierces bulk is really hard to obtain in an ideologically diverse Congress, presidential vetoes are seldom overridden. For the intents of our survey the president so marks the measure and it becomes a jurisprudence, ; # 8220 ; No individual over the age of 65 may drive an automobile. ; # 8221 ; This procedure of necessitating the President ; # 8217 ; s blessing is brooding of the demand for the legislative and the executive subdivisions working together, through their shared powers and cheques on power to consequence national public policy. Two hebdomads subsequently, a constabulary officer pulls over a seventy-year-old adult male. He is charged and arrested in misdemeanor of the new jurisprudence, and set in gaol for his actions. This senior decides to action stating that this new jurisprudence violates his civil rights. After being convicted, he entreaties each of his determinations through the hierarchy of local, province and federal tribunals, finally naming for the hearing of his instance in the Supreme Court.

The Supreme Court sends this adult male a writ of certiorari. All Supreme Court justices nem con ballot to change by reversal the lower tribunal s determination and get rid of this jurisprudence, governing that the jurisprudence is unconstitutional. The privilege of the judicial subdivision to change by reversal determinations and revoke Torahs is known as judicial reappraisal. The power of judicial reappraisal is a cheque on the other two subdivisions of authorities, in order to guarantee that they are ordaining Torahs that are pursuant and in conformity to the Constitution of the United States. When the Supreme does declare this federal jurisprudence unconstitutional, Congress may redraft the measure, extinguishing the parts of the jurisprudence that the Supreme Court viewed unconstitutional. The President besides has an unwritten power to look into on the Congress in add-on to his expressed power of the veto. If the President does non hold with the measure, he may travel public with his statement even though its non stated in the Constitution. The President has the power to act upon the populace policy by ; # 8220 ; traveling public. ; # 8221 ; Using what Theodore Roosevelt called the ; # 8220 ; bully pulpit ; # 8221 ; , the president can utilize his national presence to carry the populace to back up presidential penchants on policies. Traveling ; # 8220 ; over the caputs ; # 8221 ; of single congresswomans and Senators is done by traveling directly to their components in order to act upon their support and their ballots. The legislative subdivision and the executive subdivision besides portion powers refering the United States engagement in war. Congress has the power to declare war, and raise the armed forces of the United States, but the president maintains authorization over the armed forced as commanding officer in head.

Through the ; # 8220 ; power of the bag, ; # 8221 ; ( appropriations of financess ) Congress can besides seek to command the actions of the American armed forces. Congress besides has the power to impeach, its most powerful cheque on the executive. Impeachment is the remotion of the President from office. Presidents may be impeached by a bulk of the House of Representatives for ; # 8220 ; high offenses and misdemeanors. ; # 8221 ; The President is removed from office if the Senate inmates on the impeachable discourtesies by a two-thirds ballot. The Supreme Court Justices are the presiding Judgess in impeachment proceedings. The framers created three subdivisions of authorities with none holding a monopoly on authorization. This separation of powers restricted the power of any one subdivision, and it required cooperation among the three in order for them to regulate efficaciously. Through our illustration we can see each subdivision of authorities working in concurrence with the other. We can see each subdivision exerting their cheques, or holding the chance to exert their cheques, on the other subdivisions in order to see against their maltreatment of power. Through this complex labyrinth of mutuality, we can see that the American political system, of necessity, works together in the government of the American people.