USA - Sharing of Powers Flashcards
Introduction
In the US political system, the constitution lays down the rules that means there is a separation of powers.
The Executive Branch (The President) is entirely separate from the Legislative Branch (Congress) and both of these branches are closely monitored by the Judicial Branch (The Supreme Court).
The Constitution also lays down the powers of each branch and the checks and balances that are in place to ensure that no one branch can becomes too powerful.
There is however, debate as to whether this is an effective system as it seems the branches are often in gridlock rather than working together.
Paragraph 1
Commander In Chief
President
Firstly, the President has a number of powers that could be argued make him the most powerful elected person in the democratic world. This would suggest that he does not need to share power with other branches. He is the Commander in Chief of the armed forces, the most powerful military force in the world, and has the power to deploy them anywhere in the world. Recent examples of the President utilising this power can be seen in Afghanistan and Iraq as well as the recent bombings on ISIS in Syria.
Therefore, it would seem that he has total military power to do whatever he pleases. However, this is not the case.
Paragraph 1
Commander in Chief
Check - Congress
The constitution states that the President can only deploy forces for up to 64 days without congressional approval. This forces the President to go to congress if he wishes to keep troops deployed for longer like Bush did in Afghanistan.
Obama also consulted Congress over his deployment of troops to Libya however he did not actually need their permission as it was only a short deployment.
Paragraph 1
Commander in Chief
Check - Congress
ANALYSIS
Without their approval to continue, forces must return back to the US. Furthermore, it is congress who approves much of the military budget including extra funds required for longer missions. Again, this highlights an effective sharing of the military powers.
Finally, only congress can declare war, it must be said that America has only declared war on 5 occasions yet it has been involved in over 200 conflicts so this power is perhaps of limited concern.
Overall, it is vry clear that there is effective sharing of power in terms of military power.
Paragraph 1
Political & Judicial Appointments
President
Similar sharing of power can be seen when it comes to making political and judicial appointments.
The president has the authority to nominate and appoint many hundreds of federal government positions such including supreme court justices, cabinet secretaries and ambassadors
These appointments are crucial in helping a President promote his vision for America and how he intends to rule.
However, the senate in its constitutional capacity to offer ‘advice and consent’ has the final say in confirming these appointments.
Paragraph 1
Political & Judicial Appointments
Check - Congress
Barack Obama was fortunate enough in that he has been able to nominate and appoint two supreme court justices in Sonia Sotamayor and Elena Kagan.
However, he was able to do so as he was supported by a majority Democrat Congress at the time. When faced with a republican senate Obama was unable to make any significant appointments. For example, Obama nominated Merrick Garland but the Senate refused to even begin the nomination proceedings until after the 2016 presidential election.
Overall, this clearly limited his power and highlights that although power is shared it is not always shared effectively.
Paragraph 2
Chief Legislator
President
When introducing new legislation, once again Executive and Legislative Branches are constitutionally forced to share power.
The President is Chief Legislator in that he can put forward a legislative power following the State of the Union address. In 2015 he prioritised raising the minimum wage and providing sick pay for workers. He will also submit a budget proposal to help with these priorities.
Paragraph 2
Chief Legislator
Check - Congress
Despite this, Congress is the branch which actually votes on approves the laws which he suggests therefore it could be argued that they have ultimate power over new legislation. Also, a republican congress were unwilling to pass any law favoured by Barack Obama.
Paragraph 2
Veto
President
The President however has the final say if required through the use of Veto. This means he can refuse to sign any proposals he chooses. Similarly, the pocket veto allows him to delay a bill until it is too late to sign.
Paragraph 2
Veto
Check - Congress
However, congress can override the veto with a supermajority vote which though difficult to achieve is possible, as it was achieved recently with a law on compensation for victims of terrorism.
Overall, both Executive and Legislative branches need to work together to represent the America people.
Paragraph 3
Judicial Branch - Laws
The judicial branch plays a key role in sharing power with both Executive and Legislative Branches. Even after signing a law a final hurdle still remains. A law can be challenged if it is believed to be unconstitutional and it may be subject to Judicial review.
Laws regarding Obamacare have been through this process on a number of occasions.
Paragraph 3
Judicial Branch - Laws
ANALYSIS
If the supreme court or any other court in America decides a lawis unconstitutional it will be struck down irrespective of presidential or congressional opinion.
The President may be able to influence court decisions if he has been fortunate enough to appoint justices to the Court as President Obama was.
However even then, justices are independent and Obama lost more supreme court cases than he won.
These clearly highlights how power is effectively shared by all three branches.
Paragraph 4
Executive Orders
President
A final example of Presidential Power is Executive Orders.
These allow him to bypass congress and impose new laws without congressional oversight. These are usually passed without problem but if congress or the courts feel the president is overstepping the mark or the constitution they can be challenged. The most recent example of this is a court ruling on preventing trump’s order on banning people from 7 mainly muslim countries from entering the US.
Conclusion
In conclusion, it is clear that the Constitution is very clear on separating the three branches and limiting their powers.
Congress writes the laws, the president enforces them and the courts interpret them. This essentially sums up how the branches should work together . Nevertheless, there is no doubt that no one branch can become too powerful but due to political partisanship and disagreements the system is being used to block the work of government.
The system is therefore is not as effective as it was deigned to be.
