Checks & Balances . Common Assignment

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Checks and Balances

The political system of the United States deserves a separate study, not only because of the current economic and political importance of this state. The United States, a relatively young country, has the oldest written Constitution (1787), which since its inception has become the subject of imitation of political practitioners and a classic object of study by state theorists. The US Constitution is a hard one. A complicated procedure for its revision is envisaged (Article V), which has become one of the reasons for the phenomenal stability of this document. The development of the Constitution did not go along the path of revising its primary text, much less compiling its new versions, but by introducing amendments that made up its separate part. In just 200 years, 27 modifications were made, with the first 10 ( Bill of Rights ) already in 1791. There are three main types of checks

The presidential veto

Impeachment and removal from office by the legislature

Judicial review

In the United States, the three branches of government, as conceived by the "founding fathers," mutually limit each other. The president can pardon convicts and elect federal judges, but the Senate approves their candidacy. The president also appoints ministers and ambassadors if their readiness has received the approval of senators. Such a process is one of the ways the legislative branch controls the executive. Another component of the system of checks and balances is the Presidential Veto Institute. The President of the USA has the right of a classic, suspensive veto. Such a prohibition is overcome by parliament by a one-thirds majority, which simplifies the procedure.

US government is built on a system of "checks and balances. "Its essence is, firstly, in the strict separation of the legislative, executive and judicial powers, the powers of which the authors of the Constitution sought to describe in as much detail as possible. Besides, the legislative branch, which was considered comprehensive and therefore potentially the most dangerous, was divided into two Chambers. Unlike the British parliamentary system, the executive branch did not get the right to declare early elections in Congress, and the latter did not have the opportunity to express a vote of no confidence in the president and dismiss him.

Secondly, the authorities were not deliberately divorced absolutely, a sphere of their joint competence arose. Thus, the legislative power belongs not only to Congress, but also to the president, who has a right of suspensive veto, and to the federal courts, which create legal norms through precedents and control the legislation from its constitutionality. At the same time, the executive branch is not a monopoly of the president. It is controlled by Congress not only through the budget. Many acts of the executive branch, including appointments to senior posts, require the approval of lawmakers. Courts can also assess their constitutionality. This conflict of power was created deliberately (La Porta, Rafael, et al.456).

The desire for "limited government" was reflected in the establishment of various terms of office of state authorities. The House of Representatives is elected for two years, the president for four, senators for six, federal judges are appointed indefinitely, "so long as they behave well." It allows, on the one hand, to continually update state institutions, and on the other hand, it strengthens the possibility of conflict between them, since the personnel of the authorities reflect various phases of the changing public mood (Bruff 2)

Another reason for the weakness of American parties is the tendency of members of Congress to defend the interests of their constituencies primarily. This is facilitated by a majoritarian electoral system built on single-mandate voters. Politicians seeking re-election maintain close contact with their voters (Miller1293). It is here that most of their many assistants are continually working. Therefore, researchers distinguish between two types of voting in the US Congress. If the draft law under discussion affects the interests of the district, the legislator votes based on these interests. Therefore, mixed democratic-republican voting is a common occurrence. If the problem does not affect these interests, voting takes on a more distinct party character.

Finally, the separation of powers between the federal and state authorities plays a vital role in the system of "checks and balances". It was also not carried out enough, which creates the possibility of conflict between them, mutual control (Greene123).

The system of the constitutional review was first created in the United States. However, its bodies are not specialized, not isolated from the general judicial system. This function is performed primarily by the US Supreme Court (Kowalski13).

Concludingly, the basis for the stable functioning of the system of state power of a democratic state is a system of checks and balances, which ensures mutual control of various branches and centres of state power and prevents the concentration of power in one branch or the hands of one person. So, we will consider the system of checks and balances in the USA.

Works cited

Bruff, Harold H. "Balance of Forces: Separation of Powers Law in the Administrative State."

(2006).

Greene, Abner S. "Checks and balances in an era of presidential lawmaking." U. Chi. L. Rev. 61

(1994): 123.

Kowalski, Kathiann M. Checks and balances: a look at the powers of government. Lerner

Publications, 2017.13

Miller, Geoffrey P. "Government Lawyers' Ethics in a System of Checks and Balances." U. Chi.

L. Rev. 54 (1987): 1293.

La Porta, Rafael, et al. "Judicial checks and balances." Journal of Political Economy 112.2

(2004): 445-470.