The bases for the three branches of government in the U.S. is that the branches, legislative, judicial, and executive, would interact in a way that if one branch were to step outside the boundary set by the constitution the other branches would step in and pronounce the act unconstitutional (Patterson, 2008). So the intended interaction between the three branches is clearly understood, the system of checks and balances must be understood.
The authority designated for the legislative branch, Congress, would be shared with the other branches establishing a system of checks. The same would be said for the other two branches. Congress of course, has the power to make and pass legislation. The judicial branch, Supreme court, can construe the laws passed by Congress that is disagreed upon and can announce laws unconstitutional. The executive branch, President, can also construe and find unconstitutional the laws passed in Congress. The President has the power to veto such laws.
The Supreme Court has judicial power within its courts. The President has the authority to appoint judges, interpret court decisions, and pardon people convicted in the courts. Congress on the other hand, can determine the size of the Federal court structure. Congress can rewrite laws misinterpreted by the courts, impeach federal judges, and restrict appellate jurisdiction. Congress can try as well to establish amendments when it feels courts decisions are unconstitutional.
The Presidential branch has the power to employ high ranking officials and make treaties. Congress can override presidential veto, impeach the president, and investigate the presidents' doings. Congress can decide if to pass laws and advocate money for presidential activities. The Supreme Court can state a presidential deed unconstitutional when done without legislation (Patterson, 2008). The above mentioned, states the intended interaction between the three branches of government.
Is the system successful and are the branches balanced?
The governmental system of the U.S. can be said to be both successful and not successful. The U.S. is a super power in the world today but, at the same time, the economy today is taking hard hits as it did during the great depression in the 1930's (Higgs, 2009). One of the jobs of Congress was to secure a functional sound economy (Patterson, 2008). Is the recent economy crash the sign of an unsuccessful government system of is it just part of the struggles of a young nation?
According to Weingast (2005) constitutions fail in democracies all around the world. This shows that indeed our system of government has been successful of sorts. Had the government not been made the way our forefathers had planed the U.S. constitution may have failed years ago. A constitution has to be self-governing in that it gives the will to political leaders to follow the provisions it provides (Weingast, 2005).
The U.S. constitution provides provisions of the government system such as the division of government into three separate branches. Thus far that government has not denied U.S. citizens of liberty, property, and commerce maintaining the survival of the U.S. constitution (Weingast, 2005). The above mentioned shows that despite economic hurdles the government system of the U.S. has been successful.
The branches of the government can be said to be balanced with the fact that the constitution has not failed (Weingast, 2005). The Watergate incident may be the only case where power may not have been balanced according to Yarwood (1993). Yarwood (1993) gives an example that balance has been kept within the three branches; he shows that through history stating that Congress has never withheld or decreased funds necessary for operation for the coequal branches even during periods of controversy. The balance in power is yet to be displaced and further shows the success of the U.S. government.
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