Introduction
The doctrine of the separation of powers is a central necessity in the intricate American governing system designed to ensure that one entity does not attain all-encompassing authority. This doctrine is rooted in the bedrock of the U.S. Constitution and divides the power of government into three parts, each having special duties advocated by Enlightenment thinkers such as Montesquieu. Such elaborate separation serves as a structural outline and offers safeguards against the abuse of power to ensure that everybody works individually and never stops collaborating with other departments. The ensuing discourse aims to delve into the intricacies of the Legislative, charged with making laws, the Executive tasked to implement and enforce legislation, and the Judicial duty bound by the oath of law interpretation in mazes of legality. The tripartite character not only defines what each agency is supposed to do in the system but also indicates the relationship between them to enhance its functionality in democracy.
Legislative Branch
Morley (2020) evaluated that in the United States democratic system, the Legislature is an essential body tasked with making and amending the law. The Branch constitutes the bi-cameral Congress, which comprises the House of Representatives and the Senate. Represented by an apportionment of representatives in the House of Representatives drawn from the state’s population, and members serving terms of not exceeding two years, this gives voice to the people who have a say in every decision the government makes including that of selecting its members (Morley, 2022). However, the Senate represents the federalism principle under which people elect the senators without considering their states’ populations, and they serve for six years, providing better, stable legislation. The latter is where we get our two chambers that resulted as a result of the Great Compromise of 1787 (which smartly reconciled the interests of more populated (large) and less populated (small) states. Moreover, this demonstrates a complex aspect of the Federal.
A comprehensive analysis by Goodell et al. (2020) found that the legislative Branch plays a significant role in law-making that is quite complex but thorough with democratic involvement. Such elaborate procedure can be evidenced by how a bill goes through the stage of being an enactment. It initiates from a suggestion that is either proposed by a congressman or any other person. The legislative process is founded on a meticulous review and consent system. After presenting the bill, it undergoes amendment and analysis in a committee. Should it overcome this stage, it proceeds to the designated house’s floor for discussion and voting. It is important to note that passing through one chamber only covers half of the procedure since the second chamber must undergo the same process (Goodell et al., 2020).
The legislative process can be intricate, as Barberá et al. (2019) found in their analysis of bill progress and vetting. Different versions of the same bill approved by each chamber require forming a conference committee with representatives from both sides. Following this, a merged bill must receive fresh approval from both houses. Before bills can become laws, debates during the second stage must also occur. The final reconciled bill is then presented to the House and Senate for approval. Through a 2/3 vote in both chambers, Congress may override a presidential veto to maintain balance in the system. Once a bill is drafted and approved, it is submitted to the President. If the President signs the bill, it becomes law, according to the findings of Barberá et al. (2019).
The structure of the federal Judiciary falls under the control of Congress, which oversees the Judicial Branch via its power to create lower federal courts and decide their jurisdiction. Congress can also employ the impeachment process to eliminate federal judges, including Supreme Court Justices, to ensure that they uphold the conduct associated with their positions. Congress’s oversight of the Presidency can be seen through significant moments in history like the impeachment trials of former Presidents Andrew Johnson and Bill Clinton (Barberá et al., 2019). The importance of Congressional oversight in fiscal matters is exemplified through contemporary issues such as debates over the federal budget. The U.S. government’s balance and functionality are maintained through the vital role that the powers and responsibilities, past and present, of the Legislative Branch demonstrate.
The increasingly significant position and effect in contemporary affairs reflects the dynamic nature of the Legislative Branch’s mission within the U.S. government. Congress has recently taken the lead in addressing national challenges, from passing legislation to reforming the health care system to fighting climate change. According to Barberá et al. (2019), these issues necessitate legislative action and demonstrate the care with which Congress crafts legislation that strikes a balance between the branches of government and the states. Under the Obama administration, Congress drastically changed national policy for the benefit of millions of people and the healthcare industry overall with the passage of the Affordable Care Act, one major piece of legislation.
The Executive
Evaluation by Barr (2020) found that leadership and authority are personified by the Executive Branch of the United States government, which chiefly ensures the execution and implementation of laws. The head of the state (President) was elected as the nation’s leader and reflects the federal government’s unified authority. The vice president assists the President and leads the Senate as President whenever required. It is a presidential advisory body headed by the ministers of national bodies and other leading persons. In addition to the heads of government, many other federal agencies have different functions that make up the spine of the Executive (Barr, 2020). They include supervising all kinds of national policies and programs in different fields.
Directed by the President, the Executive Branch is the chief enforcer of federal law in America and oversights leadership and decision-making. They entail a wide range of activities, right from home politics up to the conduct of international policies. Aided by the federal government’s bureaucracy, the President acts as the Chief Executive and ensures that every law passed by Congress is enforced faithfully (Ramírez et al., 2020). The latter involves ensuring that federal law enforcement is in place as well as implementing social and economic programs, almost affecting every dimension of national leadership.
In addition, the responsibilities and abilities vested in the President are immense and comprehensive, covering different fields of government. He is also a chief diplomat in matters concerning foreign affairs, and he sets the state’s security policy. The authority of this capacity includes negotiating treaties subject to the Senate’s confirmation and concluding the executive agreements (Ramírez et al., 2020). The President also has the crucial veto power in the legislative arena, enabling him or her to shape the process. Further, he can outline the State of the Union, propose laws, and dictate legislative priorities through the State of the Union address and other means. The President administratively manages the federal government (Ramírez et al., 2020). The latter involves appointing heads of significant departments subject to Senate confirmation and shapes how they carry out legislative provisions and enforce public policies.
Despite being equally potent, the Executive operates under a system of checks and balances such that it does not exceed specified limits. The Legislature restricts the powers of the Executive to a thorough vetting of strategies before they are passed. For example, although the President has the power to veto laws, Congress could override it by using a two-thirds majority vote. The Senate also provides checks on the President’s power, which confirm his appointees and ratify treaties. Moreover, the Judiciary can also conduct judicial reviews and declare some of the executive actions unconstitutional, as seen in cases such as ‘Youngstown Sheet & Tube Co.v.Sawyer’ in which the Supreme Court restricted powers as evaluated by Jasanoff (2020)
The position of the Executive Executive is constantly being redefined and shaped by historical events and current challenges. For instance, the balance between legislative and executive authority has been brought to light by the discussion and examination of executive orders, a weapon presidents use to control federal agencies. Immigration policy and environmental restrictions have been among recent administrations’ top executive action priorities; this has frequently resulted in legal challenges and judicial review. Its crucial significance in crisis management and policy execution is further demonstrated by the Executive’s response to national emergencies like the COVID-19 pandemic (Jasanoff, 2020). In the constitutional framework of the United States government, these examples highlight the importance of the Executive Branch and its ongoing interactions with the other branches.
The Judiciary
One of the American Constitution’s fundamental supports is the Judicial Branch of the U.S. Government. The Supreme Court is the highest Court in the land, which provides direction for its structure and interprets constitutional and federal law (Wijaya et al., 2021). The sub-structures of the Court in the country include the Supreme Court, tiered by appeal courts, district, and magistrate courts. The courts are assigned numerous cases and jurisdictions, including civil cases and crimes in a particular place. At the top is the Supreme Court, with nine Justices whose decisions must be observed by all the other courts as precedents.
Cases often reach the Supreme Court through the federal courts, but they rarely originate from the Court itself. Case commences at District Courts, the trial level of the federal system. If one is unsatisfied with a judgment, one can appeal it to the Court of Appeal. However, the Supreme Court is discretionary and picks matters concerning substantive and constitutional law. This discretion is exercised through the writ of certiorari, a process used to select cases presenting important federal or constitutional issues. The authority of the judicial review which was set in the prominent case ‘Marbury Vs. Madison (1803) grants the Supreme Court the power to state laws and activities by the government as illegal, thereby determining laws and policies in the U.S., as evaluated by Bonica et al. (2021).
Primarily because of its judicial review authority, the Judicial Branch occupies a special place in the system of checks and balances. It is within the scope of this jurisdiction to examine whether executive orders and laws are constitutional. Cases such as ‘Brown v. Board of Education’ (1954), which invalidated laws about segregation, and ‘Roe v. Wade’ (1973), which established a woman’s right to an abortion, demonstrate the Court’s influence on societal norms and policies (Bonica et al., 2021). The Senate confirms the justices nominated by the President, guaranteeing that they uphold the standards expected of those holding such a high position. However, the Judicial Branch is also subject to oversight. In addition, as demonstrated by the 13th, 14th, and 15th Amendments after the Civil War, constitutional amendments have the power to supersede rulings by the Supreme Court, demonstrating the dynamic relationship between the three arms of government (Bonica et al., 2021).
Interplay Between the Branches
The relationship between the three branches of America’s system, including legislative, Executive, and Judiciary, embodies the idea of checks and balances, which prevents the abuse of one particular unit. The nature of this system allows every Branch to either inhibit or influence the activities of the other branches, leading to a flexible balance among all the elements of the government. An example is that while Congress may make laws, the President can veto them and require Congress to bring in two-thirds of senators to override them (Young, 2020). On the other hand, every action performed or every policy formulated by the Executive, either in domestic or international matters, is subjected to congressional oversight and appropriations control.
Judicial review by the Supreme Court also enhances compliance with the Constitution as it helps assess the legality of both legislation and the Executive’s works. For example, the Watergate scandal in the 70s, when Congress had investigatory powers, led to the resignation of President Nixon upon impeachment threats. The Executive was checked by the Legislature in this episode. During the second case, the U.S. Supreme Court’s ruling in ‘United States vs. Nixon’ upheld the role of the American Judiciary in curtailing executive authority and establishing the fundamental principle that no one, including a president, should be beyond the rule of law (Alsharef et al., 2021). Integrated within the U.S. Constitution are these checks that help balance the government so that democracy is maintained; this helps prevent one of the branches from dominating the others.
Critique and Challenges
A vital criticism revolves around the risk of bottlenecks and wastefulness, mainly when various political entities oversee diverse parts of government. Such party split may cause an impasse with many bills stalled on account of political deadlock, and budget crises are some of the examples witnessed in different budget standoffs over time. The balance of power can also be challenged when one among the branches defies its defined limits, as Batyuk (2020) commented. For example, the proliferation of executive orders sparks debate over the validity of extended presidential powers and calls upon observers who claim that such actions bypass the lawmaking procedures.
The courts, particularly the Supreme Court, have come under criticism for what many argue is overzealousness or over-activism, resulting in decisions with significant implications on public policy. The cases, ‘Citizens United v. Federal Election Commission’ and ‘Dobb v. Jackson Women’s Health Organisation have initiated a debate over the function of the Court in traditional policy arenas where legislatures are tasked with making decisions. In addition, the process of naming justices to the Supreme Court by the Senate is now very controversial, with examples being the hearings that have taken place recently (Grant, 2019). The above incidents illustrate that it is necessary to continue checking on the equilibrium that Constitutional writers perceived as fragile and complex to maintain an ever-transforming political environment.
Conclusion
The separation of power in the U.S. democratic system has been criticized, especially regarding efficiency and overreach. The latter results in legislative gridlock, which can delay making vital decisions and even result in a government shutdown. In addition, the increased use of executive orders creates doubts about whether the President is bypassing Congress, which disrupts the balance of powers. The same issue has arisen in the Judicial Branch after the issuance of some landmark rulings by the U.S. Supreme Court on major policy issues like ‘Citizens United’ and ‘Dobbs v. Jackson Women’s Health Organization’(Grant, 2019). These problems indicate how hard it is possible to ensure the balance outlined by the Constitution.
References
Alsharef, A., Banerjee, S., Uddin, S. J., Albert, A., & Jaselskis, E. (2021). Early impacts of the COVID-19 pandemic on the United States construction industry. International journal of environmental research and public health, 18(4), 1559. https://www.mdpi.edu/1660-4601/18/4/1559
Barberá, P., Casas, A., Nagler, J., Egan, P. J., Bonneau, R., Jost, J. T., & Tucker, J. A. (2019). Who leads? Who follows? Measuring issue attention and agenda setting by legislators and the mass public using social media data. American Political Science Review, 113(4), 883-901. https://www.cambridge.org/core/journals/american-political-science-review/article/who-leads-who-follows-measuring-issue-attention-and-agenda-setting-by-legislators-and-the-mass-public-using-social-media-data/D855849CE288A241529E9EC2E4FBD3A8
Barr, W. P. (2020). The Role of the Executive. Harv. J.L. & Pub. Pol’y, 43, 605. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/hjlpp43§ion=32
Batyuk, V. (2020). Balance of Power between the U.S. and Russia. Mirovaia ekonomika i mezhdunarodnye otnosheniia, 64(8), 63-69. https://ras.jes.su/meimo/s013122270012007-8-1-en
Bonica, A., & Sen, M. (2021). Estimating judicial ideology. Journal of Economic Perspectives, 35(1), 97-118. https://www.aeaweb.org/articles?id=10.1257/jep.35.1.97
Goodell, J. W., & Huynh, T. L. D. (2020). Did Congress trade ahead? Considering the reaction of U.S. industries to COVID-19. Finance Research Letters, 36, 101578. https://www.sciencedirect/science/article/pii/S1544612320305018
Grant, A. (2019). The American political process. Routledge. https://www.taylorfrancis.edu/books/mono/10.4324/9780429439858/american-political-process-alan-grant
Jasanoff, S. (2020). Constitutional moments in governing science and technology. In The Ethics of Nanotechnology, Geoengineering, and Clean Energy (pp. 477-494). Routledge. https://www.taylorfrancis/chapters/edit/10.4324/9781003075028-32/constitutional-moments-governing-science-technology-sheila-jasanoff
Morley, M. T. (2020). The Independent State Legislature Doctrine, Federal Elections, and State Constitutions. Ga. L. Rev., 55, 1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/geolr55§ion=4
Ramírez de la Cruz, E. E., Grin, E. J., Sanabria‐Pulido, P., Cravacuore, D., & Orellana, A. (2020). The transaction costs of government responses to the COVID‐19 emergency in Latin America. Public Administration Review, 80(4), 683-695. https://onlinelibrary.wiley./doi/abs/10.1111/puar.13259
Wijaya, A., & Nasran, N. (2021). Comparison Of Judicial Review: A Critical Approach To The Model In Several Countries. Jurnal Legalitas, 14(2), 85-106. https://ejurnal.ung.ac.id/index.php/JL/article/view/11809
Young, I. M. (2020). Together in difference: transforming the logic of group political conflict 1. In Undoing Place? (pp. 332-342). Routledge. https://www.taylorfrancis.edu/chapters/edit/10.4324/9781003058885-30/together-difference-transforming-logic-group-political-conflict-1-iris-marion-young
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