The paration of power and the system of checks-and-balances in USA
Introduction
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..
Body
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.
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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 o
f 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:
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✧ May veto laws
✧ dealing with international powers,
✧ cting as chief law enforcement officer,
✧ directing government, commanding the Armed Forces,
✧ 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
contractingThe 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
✧ salute什么意思Enacts taxes, authorizes borrowing, and ts the budget
✧ Has sole power to declare war
香蕉的英文✧ May start investigations, especially against the executive branch
✧ The Senate considers presidential appointments of judges and executive department heads
✧ 树袋熊英文The Senate ratifies treaties
✧ The Hou of Reprentatives may impeach, and the Senate may remove, executive and judicial officers什么是雅思考试
✧ 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).
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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
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✧ decide cas involving states' rights.
✧ 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
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✧ 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
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:
