Separation of Powers essay
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This paper deals with the importance of separation of powers in the United States; it also highlights the check and balances of every arm of the government namely; the legislative, judicial and executive. Each branch restricts the powers of the other to avoid excesses for instance laws that the congress creates and pass the president can reject. However, there is an internal system for check and balances within the two chambers; the senate and representative of the House before the law proceed to be a bend by the president.
Constitution is a written document, which contains laws and rules, which guide and govern the actions and decisions for all government officers and the three arms of the government. The constitution is separated in seven articles, which deals with different issues. It commences with a prelude, which states the rationale of the document and the genesis of its powers. Power separation is the splitting up of judicial, executive, and legislative roles of government amid independent and separate bodies. This aid in the elimination of excesses extremes by government because the authorizations of the three arms of government needs to create, implement, and administer laws. If one person is entrusted with all the powers i.e. to create, execute, and implement laws in the country, there will be a tyranny leadership, which makes the life of others uncomfortable (Hargrove, 2000).
One of the branches of the government is the legislative; Article I of the United States constitution addresses the legislative arm of the government. In section one of article, one of the constitution legislative powers are bestowed to the United States representatives of the House and the senate, which makes up the Congress. Section two of the same Article describes the qualifications and conditions to be elected as a representative of the House. People in every state elect their representatives after every two years. The representative must attain some must be a citizen for a minimum of seven years, be aged twenty-five and above should be a resident of that state. Direct tax and the representatives must be allocated evenly amid numerous states; Representatives shall not surpass one per thirty thousand citizens. However, every state must have at least a representative. The Executive Authority issues election writs if a vacancy arose in any state. Representatives of the House have the power to select their speaker; they are also authorized to choose other state officers. They also have the power for impeachment of those officers they select if they deemed fit (Hargrove, 2000).
In section three of Article 1, addresses the issue of senates; it clearly states their powers. In the United States, two senators are elected from every state to make up a senate. They are selected by the legislature. This section clearly describes the qualification as a senator; must be at least thirty years and a resident of that state. According to this section, the vice president is the senate’s president and except evenly divided he shall not have any vote. The senate has the power to select their president if the vice president is not there. The senate also has the power to select their extra Officers, they also has the lone power to try every impeachment. The chief Justice is the one to control when the president of the United States is the one to be tried. According to section 4 of Article I, the congress has the power to the manner, place, and time for elections of both House Representative and Senators. They congress meets at least one time annually (The Constitution, 2002).
In section 5 of the same Article, every House has the power to be the Judge of the Elections, the house also oversee the returns of elections and its members credentials. The house also has the authority to oblige the turnout of absent Members, in such conduct, and in such punishment as every House can provide. Every House has the power to decide the regulations of its Proceedings, discipline its Members for unruly Behavior, and, oust a member with the agreement of two thirds of the House. According to Section 6 of the same Article, House Representatives, and Senators has the right to be reimbursed for their Services, they have the right not to be apprehended when doing any business regarding their respective houses unless it is a felony or infringement of peace.
According to Article one section 7 of the United States Constitution, every bill regarding the collection of revenues must come from the House of Representatives. However, on other bills, the senate has the powers to recommend their Amendments. In section 8 of the same Article, the congress has the authority to arrange and collect duties, taxes to settle the debts and gives common welfare and the defense for the country. The congress also has the power to solicit funds Credit on behalf of the United States; congress has the power to institute a rule of naturalization in the country and to control commerce. In addition, the congress has the power to control the value and coin money. It also has the power to fix the standard of measures and weights. Commonly, the congress has a power to create law to be implemented in the United States (The Constitution, 2002).
In section nine of Article I, the congress has the power to approve the withdrawal of funds from the treasury by appropriating by law provision created by congress. According to section 10 of the same Article, the congress is vested with the powers of approving the imposition of duties in either import or export. The congress must permit the State to engage in war or fight with other countries or even the dispatch of the troops.
The legislative branch of the government has its own checks and balances to abolish its excesses. Legislative write and implement laws in the country, it also permits the scrounging, endorses taxes and create the budget. It also has the lone authority to pronounce war. It has the power to commence an inquiry against the executive. In addition, legislative consents treaties and can overrule presidential rejections. The senate can confiscate judicial and executive officers; the House representatives can indict such officers. The congress can reject laws and pronounce state of emergency and can decide which law can be applicable to a specific case. The legislative arm of the government has the power to decide the legitimacy of law again, should determine the law interpretation for its uniform applicability (Hargrove, 2000).
In Article II of the United States constitution, it emphasizes on the executive branch of the government. Section one of the same Article highlight the prerequisite and means of electing the presidents. It also addresses the procedures for the election and allegiance oath by. The person to be elected president must be a citizen of the country. The Congress for his inability to perform can confiscate the president of the United State from the office. The president must swear the allegiance before he assumes the office. In Section 2, the president is the commander of US Army and Navy, he also has the Authority to approve and advise the senate. He also has the power to make replacement of senate in their recess using the commissions. Section 3 of the same Article, the president assembles both or either house if he deemed necessary and has the power to postpone the house. In section 4, the president can be confiscated from office on accusation or criminal offence. According to Justice Louis D. Brandeis, the separation of powers encourages the use of arbitrary power rather than increasing efficiency (Hargrove, 2000).
The executive arm of the government also has checks and balances; the president imposes a check over Congress during his power to prohibit bills. However, Congress can overrule any rejection. The president can settle the dispute of adjournment between the two houses. He has the authority to command the Military for apt action. The president also has the power to reject laws if deemed fit. He selects executive officers and judges and has the power to allow pardons to condemned persons, excluding in cases of prosecution. He has the powers to decline the expenditure of certain allocated funds for a specific purpose.
According to Article II, section one, the constitution outlines the powers of the judicial system, powers are bestowed in supreme courts. Judges must be of good conduct and receives some reimbursement for their services. In section two, its power includes the law and equity cases. Judicial retains its original jurisdiction in cases implicating public ministers and ambassadors. In section 3, the congress has authority to declare penalty on treason. The judicial has the power to determine cases and the disagreements. The power is bestowed by the Congress, which makes the judicial powerful in solving cases (McQuoid-Mason, 1994).
In the checks and balances of the judicial system, both the legislative and executive are controlled by judicial review. Judicial forms the precedents in their review. A constitutionality; the supremacy is applied still by inferior courts. However, just Supreme Court verdicts are applied all over the country. The judicial decides on the laws to be applied in a case, and determines the legitimacy of the law. The branch also establish how laws on prisoners disposition and how laws operates to oblige proof and the presentation of verification (McQuoid-Mason, 1994).
To avoid the power in one government branch i.e. from being supreme, the Constitution enclose checks and balances system that outlines limiting the power of each arm of the government. This makes the government share the powers and eradicates tyranny in leadership. According to Murybury, the separation of powers results to a misuse of those powers by the government branches.