But people still need to recognise we have an institutional responsibility to do oversight on the President” Garry Bass, Congress. This quote supports my view on the Congress being a watchdog. If the Congress is a lapdog, the President can have a free ride on running the country how he wishes and not represent the people’s view. However that is not the case as the President cannot do everything which pleases him. However, looking at the statistics such as Bill Clintons presidency, in the first 2 years which was a united government, Congress exercised limited oversight, and when needed to, asked softball questions, however , when Republicans took over Congress, things got much harder as they seek to hold the President to account, and after a while, impeach.
Elizabeth Richard March 28th 2014 POS- 301 Mark Tawney Principles and Articles of the United States Constitution | Createthe Law | Execute theLaws | InterprettheLaw | Democracy(Governed by the People) | CitizensVote/ElectLeaders | Self-Government | | | | X | X | Separation of Powers | | | | | | Checks and Balances | X | X | X | | | | Three GovernmentBranches | Legislative(House and Senate) | Executive(President and VicePresident) | Judicial(Federal and Supreme Courts) | Self-Government | | | | | Separation of Powers | X | X | X | X | Checks andBalances | | | | | Analysis Separation of Powers ensures that no one branch of government exceeds in authority over any one of the other two branches. An unequal level of
As such, the Constitution underlies both the positive and negative functions of the separation of powers. For without some idea of what the branches' duties are, it is impossible to know when and how to defend their rights and their independence. This argument is not disproved by subsequent developments in American politics, in particular the rise of political parties. It is true that the Constitution of 1787 had to be amended to accommodate the practice of presidential and vice presidential candidates running for office on the same party ticket. The Twelfth Amendment, ratified in 1804, changed the method of voting in the Electoral College by requiring the electors to cast separate ballots for President and Vice President.
Or should I say the unlimited power that is given. The government has set limitations to what they could tax and how much, however two of these limits were open to interpretation: providing for common defense and general welfare. The government becomes its own judge and jury while establishing these criteria, because the budget for common defense is set by the government, as well as the standard for what the general welfare is. As the Constitution says all laws set by the government become "supreme law of the land". The language used in itself is that of a monarchy and did not sit well with
In agreement, I believe all shall follow for strictly guidelines and restrictions, not to be precise within each Amendment, not one should uphold detail. The unwritten Constitution refers to traditions that have become part of our political system. Although George Washington warned us against Political Parties, they nominate candidates for office. Political Parties are not written into The Constitution, yet the people of the United States are left to vote and decide who the winner of the elections will be, and who will take the position as the next President of the United States. Yet, another reason why we, as a nation, alter the Constitution in our own ways, still allowing each part as an indication of mandate.
Separation of Powers is the division of power between the three branches of government- legislative, executive, and judicial. Baron de Montesquieu believed that no one branch of government should have too much power. When congress passes a law, the Supreme Court declares it constitutional or unconstitutional. The Constitution separates the powers among the three branches so no one person or group can control the government. The power is distinct, but
Our form of government is democracy; which comes from the Greek word demokratia (dem-oh-KRAY-te-uh), which means “the rule of the people”. Solon abolished the “Draconian Law”, cancelled all debt, freed landholder and merchants (who had to become slaves under the Draconian law so they could not pay their debt) and established a new code of law. Solon also formed the “Council of Four Hundred” who had to be elected by the citizens (only men were considered citizens). The Council could propose the laws but the citizens had to vote on them. The American Government has many resemblances; specially Congress.
Presidential government is often associated with the theory of the separation of powers which was popular in the eighteenth century when the American constitution was framed. The American political system is therefore the model and prototype of presidential government The assembly remains an assembly only: parliamentary theory implies that the second phase of the constitutional develepmoent, in which the assembly and judiciary claim their own areas of jurisdiction alongside the executive, shall give way to a third in which assembly and government are fused into parliament. Presidential theory on the other hand requires the assembly to remain separate as in the second phase. some believe the rigid constitution has prevented the “natural” development of the American political system towards parliamentarism. congress remains an assembly only.
A constitution provides the structure for how a country is governed. Most countries have a single written document which sets out the main constitutional principles, however the UK constitution is referred to as un-codified, in the sense that there is no single document. It is derived from a combination of written statute, common law and unwritten convention. In Dicey's famous 'Law of Constitution' first published in 1885 he stated " (The Rule of Law) means in the first place, the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part the government. Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of law, but he can be punished for nothing else.
Both houses have to pass a bill before it becomes a law. An other advantage is allows for representation on a reasonably equitable footing for both large and small states. Only the House can impeach a President or executive officer in government. Then the Senate plays judge and jury in all impeachments bought on by the House. The disadvantages are the recurrent gridlock seen in Congress, even if the a House passes a bill it still has to go to the Senate.