Table of Contents
The three primary principles of the constitution are self-governance, separation of powers and the checks and balances (Clinton, 2002). Self-government deals with codes and conducts of the citizens in a federal government. The citizens’ protection of their rights as individuals or community has an assurance under this principle. Separation of powers has the executive, judicial and the legislative arm. These three arms make, interpret, and enforce the law. Checks and balances ensure equality of powers among the three arms and protect the citizens and the community against various issues.
Checks and Balances in the Federal Government
As a principle, of the constitution, checks, and balances play a vital role in the federal government. Its effectiveness is achievable via the various agencies established. Among these are agencies with an oversight authority to check various organs of the government for equality and accountability (Clinton, 2002).
The vital office of the Government Accountability falls under this category of agencies. This office freezes any acts of impunity that may arise in the process of spending public funds. It, therefore, ensures that tax collected goes to various operations that benefit the taxpayer.
The office of Management and budget has a role in ensuring that the president gets assistance in the formulation of the budget and the spending of the president face evaluation and monitoring too (Kunhardt, 1999). This office ensures priorities when allocating funds to various arms of the executives. It also looks at reports from various agencies in the government. This ensures accountability and equality in resource allocation and expenses. Among the close monitored reports are those of financial institutions taking part in banking and saving activities. Aside from Oversight Authority Agencies, the Regulatory Agencies play a vital role in regulation of activities.
Regulatory Agencies have a role to control various sectors in the legislator. This ranges from business to the protection of the environment. It enforces laws aimed at protecting the citizens and the environment at large through the enforcement of law and various restrictions (Gray, 1987).
An example of the cases where Checks and balances has proved its efficiency is the case that proposed merger of Microsoft Company and Yahoo Company. On the outset, such a merger would be of the considerable importance to the user due to the correlation of the operations of the services provided by the two companies. However, the merger of such companies would lead to unfair competition of other companies that provide services related to either Yahoo or Microsoft. The Federal Trade Commission that falls under the Regulatory Agencies found this merger unfair in terms of the market competition. The idea faced termination. This saved lives of many companies that would otherwise crumble due to the extreme level of competition.
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On this case of Yahoo and Microsoft, the judicial, on its own would have interpreted the law that allows merging of such companies that have an aim of providing better services in relation to the operation of the companies as the separate entities. The executive, upon the interpretation of the law, would have gone further and allowed the merger of these companies without looking at the possible outcomes of the merger to the competitor companies.
On its own, the self-governance principle would allow the merger of the companies. On consideration of the quality of services that such a merger would provide, the people would find this to be an opportunity. The minority, who rely on the competitor companies for a leaving, would not have had a right to have their way.
Checks and balances is an effective principle of the Federal Government Constitution. Its inexistence would otherwise lead to unimaginable government. In addition, its convenience is achievable via the various agencies established. It would lead to a government where priorities do not exist in terms of allocation of funds and resources. A government that has extreme powers subjected to individuals or group of individuals would be in existence. A government that would face the pinch of impunity from corrupt individuals, due to the lack of measures to protect and curb such acts, would be unavoidable. A government whose citizens face uncontrolled tax rates, interest rates and whose products of consumption and environment face no protection would not work. The single case of Yahoo and Microsoft is a better example for my support of the efficiency of the Check and Balance principle in the constitution.
That aside, the equality that this principle ensures in the allocation of powers to the executive, judicial and legislative cannot be overshadowed. It ensures the definition of powers and power allocation to various arms without conflicts of encroachment of responsibilities. It, therefore, ensures there is a separation of powers and accountability of responsibilities.