Examine the effectiveness of the checks and balances system of the American Government. and FPTP ESSAY

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Examine the effectiveness of the checks and balances system of the American Government.

      In drafting the American constitution the Framers are believed to have incorporated some of the best features to a constitution, including the separation of powers. This concept limits the power of the American government through several means, particularly by dividing the powers of the government between three branches in government. Each branch checks the actions of the other and balances their power in some way.

     The Legislature (Congress) is responsible for making laws. After a law is proposed as a bill, it is sent to appropriate committees for several stages of discussion, research, and modification. It is then debated in both legislative houses, if the law is passed; it is still subject to further modification and final vote by both houses. Under the system of checks and balances, the president can refuse to sign the bill into law (through the veto power). The legislature can then vote to override the veto. Other checks and balances include legislative powers to impeach public officials, confirm appointments to the executive and judicial branches, and vote on appropriations. In 1987, the Senate rejected President Reagan’s nominee, Robert Bork, for a place in the Supreme Court. Another example of the powers of the congress was the impeachment of Bill Clinton in 1998. Congress holds the power to declare war although the Constitution confers on the President to be ‘Commander-in-chief ‘of the armed forces. This power seems to have fallen into disuse.

     The Judiciary applies laws in court. Judges are responsible for the interpretation of laws made by the Congress. The courts attempt to resolve conflicts impartially in order to protect the individual rights guaranteed by the Constitution. The ultimate court of appeals is the Supreme Court. On the federal level, the system of balances empowers Congress to create federal courts, and all federal judges must be appointed by the president and confirmed by the Senate. The courts may exercise the powers of judicial review and injunction. The President holds the power to nominate Supreme Court justices, to nominate federal judges and can refuse court decisions. Clinton was able to make two appointments to the Supreme Court – Ruth Badar Ginsburg in 1993 and Stephen Breyer in 1994. The President also has the power to pardon – President Ford pardoned his predecessor President Nixon. The Legislature has the power to change the size of the Federal Court system and the number of justices within the court. Congress has the power to propose constitutional amendments and can reject Supreme Court nominees; they can also impeach and remove federal judges. However, the Supreme Court has been viewed as countermajoritarian and thus makes decisions that do not reflect the wishes of the public, e.g. the banning of the school prayer.

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      Executive power is vested in the President. The principal responsibility of the President is to "take care that the laws be faithfully executed." By using these words, the Constitution does not require the President to personally enforce the law; rather, officers subordinate to the President may perform such duties.To ensure that the president could never become too powerful, the Framers made many presidential powers dependent upon the will of Congress. For example, the president is given the power to make treaties with foreign countries, but those treaties must be approved by the Senate by a two-thirds majority. ...

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