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A significant aspect of the American Political System, and one I consider the most important, is the system of checks and balances. This concept is rooted in the classical theory of separation of powers, by which the legislative, executive, and judicial powers of government were vested in three different units. The purpose of this, and of the later development of checks and balances, was to ensure that governmental power would not be used in an abusive manner. Classical political philosophers from Aristotle onward favored a "mixed" government combining the elements of monarchy, aristocracy, and democracy. The English theorist James Harrington in his Oceana (1656) derived a theory akin to separation of powers from the old idea of mixed government.
Later, John Locke, in his second treatise Of Civil Government (1690), urged that the best way to avoid a perverted government was to provide constitutionally for separation of the legislative and executive powers. Montesquieu, in his Spirit of the Laws (1748), added the third power of the judiciary to this concept, and the modern expression of separation of powers came into being. The framers of the U. S.
Constitution were strongly influenced by the advantages of separation of powers and of checks and balances. These theories had been in practice in the governments of the American colonies, and they underlie the fundamental laws of the United States. The Constitution distinctly separates the legislative, executive, and judicial branches of government. The federal system adds to the checking because power is divided constitutionally between the central government and the states. Further, the constitutional provisions for direct election of members of both houses of Congress and virtually direct election of the president puts two branches of the government under check of the electorate.
However, procedural requirements in the Constitution ensure that even measures popular with the voters cannot be adopted without presumably adequate consideration. The operation of checks and balances in the federal government is spelled out in the Constitution. The two houses of Congress legislate separately, and this legislation is subject to presidential veto; however, Congress, by a two thirds vote of each house, can override a presidential veto. The judicial branch, in determining cases, may declare legislation unconstitutional, but the judiciary itself is subject to executive and legislative checking through the appointment of judges and the passage of legislation governing organization, procedure, and jurisdiction of the courts.
There also is a possibility of amendment of the Constitution to reverse judicial determinations. Other constitutional checks are the possible legislative removal of the president and of judges by impeachment and approval by the Senate of treaties and major presidential appointments. Checks and balances can be applied to many political and economical processes, like for example the elections. A good system, with checks and balances, appropriate to the political and economic conditions of a country reduces the possibilities for electoral fraud and increases the chances that corrupt activities will be detected. A credible election process encourages participation and fosters a healthy electoral climate. The separation and limitation of powers can be built into the legal framework for elections.
For example, the law can separate the administrative aspects of elections from the criminal enforcement aspects, as well as separating prosecution from the court which will pass judgment. Although the system of checks and balances functions in quite a few countries, it appears to me that the best known system of checks and balances operates in the U. S. government under provisions of the federal Constitution.
In principle, the U. S. is a democratic republic. The Americans govern themselves by choosing their leaders by secret ballot, and these leaders in turn make the rules. Americans started governing themselves as a nation on July 4 th, 1776, when the Declaration of Independence was signed in Philadelphia by representatives of the thirteen British colonies in North America.
These states joined together formally in 1781 under a first constitution, the Articles of Confederation. That loose union of the states was replaced by the Constitution of the U. S. in 1789.
This document (amended 26 times) is still the political foundation of the U. S. Being based on a written constitution, the U. S.
government is committed in principle to the rule of law. To guarantee the rights of free speech, a free press, freedom of religion etc. the first ten amendments, called the Bill of Rights were adopted in 1791. There are three levels of government in the U.
S. Local government (city / county ), state government, and federal government. Many of the concepts of the U. S. government can be traced to progressive thinkers of the seventeenth and eighteenth centuries, mentioned at the very beginning of the essay, e. g.
Locke, Spinoza, Blackstone, and Montesquieu. Out of some of their thoughts the U. S. government system with the three branches were made: a legislative branch (Congress), an Executive branch (President), and a judicial branch (Supreme Court).
The Constitution is most of all a document of checks and balances: among the three branches of the federal government; and between the levels of government, nation and state. The legislative branch (Congress) that has the power to make laws valid for the whole country. Powers like the regulation of taxes, regulation of commerce between the states and with foreign countries, the power to declare war, and the power to impeach the President are some of the other matters the legislative branch have to deal with. Congress has two chambers (or houses): the Senate and the House of Representatives (the house). The Senate consists of one hundred senators: Two senators from each of the fifty states. The senators serve for six-year terms.
One third are elected every two years. The Senate's area of responsibility consists of to approve major presidential appointments, and approve major foreign policy steps. The House of Representatives has their 435 members (called congress-men / women /people / persons ) chosen from districts (the U. S. is divided into 435 districts containing some five hundred thousand inhabitants).
The districts are reapportioned every ten years. The representatives serve in two-year terms, and all of them are elected every two years. All tax legislation must start in the House. Executive power is vested in the office of the President of the U. S. The President has the dual role of being the chief of state and the head of government.
The President is also commander in chief of the armed forces; he issues executive orders, and appoints Supreme Court justices (with senate approval). The president is also called the chief legislator because he / she indirectly proposes many bills, considers all bills from Congress and signs them into law or vetoes them. The President is elected by the whole country for four years. He / she is assisted by the Cabinet and its departments, the White House staff, and some independent administrative agencies. The Supreme Court: The Judicial power of the U. S.
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Research essay sample on Separation Of Powers And The System Checks Balances
