Essay Sample on Article I, II, and III of the US Constitution

Introduction

The concept of separation of powers under the US constitution was achieved after a series of checks and balances with the aim of ensuring that no single branch of government could acquire too much power than the other. The system was integrated to ensure that no branch or department within the government could exceed its bounds and to give time for the correction of errors or lapses. Indeed, the concept of checks and balances is utilized as some guard over the separation of powers between the different arms of government (Ellis, 2018). This means that the power to take a specific action remains with the different department and the responsibility to validate the legality and suitability of the same action rests with another department or arm. This, therefore, means that checks and balances play a critical role in the US government system and helps prevent issues related to conflicts of interest between the arms of government.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Save 25%

The concept of separation of power was conceived back in the 18th century when political philosopher called Montesquieu published "Spirits of the Laws." This book is considered as one of the prolific works in the history of politics and is believed to have inspired the Declaration of Rights and the Constitution. Montesquieu's idea divided the political power into the judiciary, legislative and the executive arms. According to him, the separation of the larger power into the smaller portions would help realize liberty. It would help prevent a leader from ruling with the iron fist. Separation of powers helps establish a system of government known as checks and balances (Ryan, 2015). The legislative arm of the government comprised of the Senate and the house as set in Article 1. The executive arm involves the president, the vice president, and the departments as articulated in Article 2. The judicial part of the government involves the Supreme Court and the federal courts as set in Article 3 (Ellis, 2018). Every arm of the government has specific roles and responsibilities (powers) which are checked by another branch.

Checks and Balances

The president is the head of the executive arm of the government and is the commander in chief of the armed forces (Ellis, 2018). On the other hand, the Congress which is part of the legislative arm of the government is mandated to vet and approve the funding allocated to the military and has the power to declare way. Similarly, the Supreme Court which is under the legislative arm must approve peace treaties.

The executive branch has the powers to propose policies and laws to the Congress and also submits the federal budget to be discussed by the House of Representatives.

The president has the powers to grant amnesty to criminals.

In the legislative arm of the government, every house of Congress assesses and check on all possible abuse of authority by the other. For a bill to become a law, it must be passed by both the House of Representatives and the Senate.

The president with authority bestowed on him with the executive arm of the government has the powers to appoint federal administrators, but they must be confirmed by the Senate.

Once a bill is passed by the legislative branch (Congress), the president has the powers to reject that bill. At the same time, the Congress can overturn this decision by two-thirds votes of both the House of Representatives and the Senate.

Congress has the authority to interrogate and control funds allocated and used for any executive actions.

Congress has the powers to create the lower courts and amend the constitution to change decisions made by the Supreme Court. At the same time, they can indict the judges of the lower court working under the federal government.

The judicial branch (Supreme and federal court) has the power to proclaim laws or executive orders unconstitutional through judicial review. Judicial review can also be used to check unconstitutional treaties. On the other hand, the president can check the judiciary branch through the power of appointment given. This can influence the power of the federal courts.

Congress has the power to impeach any member of the judiciary or the executive.

The concept of checks and balances has been used in the United States since the constitution was ratified. Over the years, the executive powers have expanded, interrupting the initial balance which vested a lot of power on the president. Nevertheless, the presidential vetoes and the Congress power to override such decisions have fueled controversies. There are other unchecked powers under the executive branch such as authority to declare emergencies, award and cancel security clarifications, authority to issue bill signing statements and power to withhold information from Congress via the presidential privilege. There has been debate on the level of checks on the judiciary by other branches of government (Hansen, 2016). For instance, laws passed by the judiciary can be overridden by both the executive and the legislative branch. The concept of separation of powers gives the lawmaking branch too much power, but there is also a need to restrain these powers by other arms of the government. The constitutions give "we the people" the authority to rule over ourselves through the laws and policies made by the representatives elected under the legislative branch of the government.

Every branch of the government has specific powers, and these powers are limited or moderated by another branch of the government. Some powers of the executive (president) are checked by the departmental secretaries while the Senate vets the secretaries. While Congress has the powers to pass laws, the president can veto it. So the concept is fairly balanced, and no branch can take advantage of the other. All the checks and balances put in place by the constitution are however inefficient, and that is by their design. When the focus is placed on the different branches of government, there is a high level of accountability to others (Hansen, 2016). Ultimately, no single branch of the government can consolidate enough power and resources to dominate over others. Once laws are amended, citizens can assess it through the judiciary, and if someone believes that the law is unjust, a lawsuit is filled in a higher court then arguments for or against the case tabled. The side that loses can decide to file an appeal in the highest court of the land (Supreme Court). In case the legislative branch of the government does not agree with how the judiciary interprets a specific clause of the law, Congress can introduce another law, and the process begins again until everyone is satisfied with the outcome.

References

Ellis, R. J. (2018). The development of the American Presidency. Routledge.

Hansen, V. M., & Friedman, L. (2016). The Case for Congress: Separation of Powers and the War on Terror. Routledge.

Ryan, E. (2015). Negotiating federalism and the structural constitution: navigating the separation of powers both vertically and horizontally. Colum. L. Rev. Sidebar, 115, 4.