The paration of power and the system of checks-and-balances in USA
It is known to us that the political system vary from country to country depending on its different national condition, such as the constitutional monarchy of UK and the People's Congress system of China, the paration of power of US. During this discussion, we will talk about the how the American government works under the idea of paration of power which is associated with the checks and balances system. According to the U.S. Constitution declared that the government was divided into three different branches including a legislative, an executive and a judiciary, in accordance with the idea of paration of power. This idea was created becau that Americans did not want the powers to be controlled by just one man or one group. They were afraid that if a small group received too much power, the United States would wind up under the rule of another dictator or tyrant.
Separation of powers is a political doctrine originating in the writings of Montesquieu in "The Spirit of the Laws" where he urged for a constitutional government with three parate branches of government. Each of the three branches would have defined powers to check the powers of the other branches. This idea was called paration of powers. This philosophy heavily influenced the writing of the United States Constitution. The legislative, executive, and judicial branches of the United States government are kept distinct in order to prevent abu of power. The United State’s form of paration
of powers is associated with a system of checks and balances.
How does the United States do when putting the idea of paration of power into practice? Which department is responsible for the legislative, executive, and judicial work respectively? In fact, in USA, the legislative is headed by Congress; the executive branch headed by the President and judicial branches headed by the Supreme Court. If we have to u very simple words to describe the work of the three branches, it can be summarized as follow: the Legislative Branch makes the law; the Executive Branch enforces and carries out the laws; The Judicial Branch interprets the laws. Each branch of the government have particular powers, it will be introduced followed.
The President, who is responsible for the Executive Branch carries out federal laws and recommends new ones, directs national defen and foreign policy, and performs ceremonial duties. The main powers include:
May veto laws
dealing with international powers,
红星照耀中国书评
cting as chief law enforcement officer,
directing government, commanding the Armed Forces,
---------------------------------------------------------精品文档
Wages war at the direction of Congress (Congress makes the rules for the military)
Makes decrees or declarations (for example, declaring a state of emergency)
promulgates lawful regulations and executive orders
Appoints judges and executive department heads
Has power to grant pardons to convicted persons, except in cas of impeachment The Legislative Branch is headed by the Congress, which includes the Hou of Reprentatives and the Senate. The main task of the two bodies is to make the laws. Its main powers include：
Writes and enacts laws
音乐教案小班
Enacts taxes, authorizes borrowing, and ts the budget.
Has sole power to declare war.南河小三峡
May start investigations, especially against the executive branch.
The Senate considers presidential appointments of judges and executive department heads.
The Senate ratifies treaties.
The Hou of Reprentatives may impeach, and the Senate may remove, executive and judicial officers.
Sets up federal courts except the Supreme Court, and ts the number of justices on the Supreme Court.
May override presidential vetoes.
originating spending bills (Hou),
impeach officials (Senate), and approve treaties (Senate).中国第一个女皇帝
Headed by the Supreme Court, Judicial branch has the final right to interpret the law, that is to say, once the Supreme Court defines the law, the other different debates will be ineffective. The main powers of the Supreme Court include:
interpreting the Constitution,
reviewing laws
decide cas involving states' rights.
好听的古诗句Determines which laws Congress intended to apply to any given ca
Determines whether a law is unconstitutional
Determines how Congress meant the law to apply to disputes
Determines how a law acts to determine the disposition of prisoners
Determines how a law acts to compel testimony and the production of evidence
Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cas to low-level judges. (The amount of discretion depends upon the standard of review, determined by the type of ca in question.)
Polices its own members
---------------------------------------------------------精品文档
Not only does each branch of the government have particular powers each branch has certain powers over the other branches. This is done to keep them balanced and to prevent one branch form ever gaining too much power, which practices the system of checks-and-balances. This can be shown in the some aspects:
1.Weather a law is pasd or not decided by the Congress
The Hou and Senate may pass a law that the President does not like. The President can veto the law but the Congress override the video requiring 2/3 vote of both hous.
2.The Supreme Court can decide weather the President or the Congress is unconstitutional.
If The Hou and Senate pass a law, the President signs it, but the Supreme Court decides it is unconstitutional, they can strike down the law.
悼念亲人
3.The appointment of the Judges for the Supreme Cour is decided by both the President and the Congress
The President nominates Judges for the Supreme Court; the US Senate must approve the Judge nominated before he can rve.
4.The Judges of Supreme Court can be removed by the Congress
Supreme Court judges have life terms. But they can be impeached.
5.The Congress can veto the proposals of the President and the can reject it again, but it was decided by the Congress.
As we can e there are many ways (there are many more than listed) that the Constitution balances power. The picture below shows us clearly how does the three branch of the American government restrict each other mutually, for each branch has certain powers over the other branches.
There are some definite examples to show how the system of checks-and-balances operates:
1.After the Civil War President Andrew Johnson vetoed over 20 bills.
2.After the Civil War Congress overrode over 20 Presidential vetoes!捉迷藏怎么写
3.In1987 President Ronald Reagan appointed Judge Robert Bork to the Supre me Court, his nomination was defeated.
4.In 1935 and 1936 the Supreme Court declared the NIRA and then the AAA (two New Deal programs pasd during the Roovelt administration) unconstitutional.
5. 1918 Congress refud to ratify the Treaty of V ersailles, a peace treaty ending World War I that President Wilson had worked very hard on.
There are thousands of examples of checks and balances at work. Real life conflicts that test the system have occurred throughout history. The checks and balances are ud on a regular basis.
Actually, in theory, the political system of China is in some way similar to the system of checks-and-balances. The National People's Congress has legislative power, but are not administrative. The Judicial departments enforce law independently. And the ---------------------------------------------------------精品文档
government has only the administration without prejudice to the legislative and judicial. However, there are many differences in the specific institutional and practical implementation. In China, the par
ty lead all and sometimes the People's Congress is also Party cretary. Therefore the system of checks-and-balances is not fully implemented in China, while in US, this system is really the guide when the government works, for each branch has certain powers over the other branches and the three branch of the American government restrict each other mutually. Conclusion.我的家乡日喀则
During this discussion, we learn it is the paration of power that is the main principles on which American federal government is bad, the different powers of the three branches and u a lot of examples to explain how the three branches affect each other to show the system of checks-and-balances operating in USA. All in our groups believe that the idea of paration and the system of checks-and-balances do have contributed a lot to the development of America as main principle when the government operates.
---------------------------------------------------------精品文档
