The Legislative Branch’s Senate, Congress, and House of Representatives can impeach the President. Impeach means to charge a public leader with misconduct in office. This limits the Executive’s power to make decisions disapproved by the Legislative. The Senate has to approve all Presidential appointments. This means anybody appointed by the President then has to be approved by Senate.
Federalism, combined with the three governing branches, allowed for the states and central government to balance equal but separate power. Within this paper, I will attempt to explain the three branches of government, discuss the history and the formation of branches, provide their interactions within the system, discuss their successfulness, the characterizations of the branches then and now, and present possible ideas for a more efficient constitution. Before one can completely understand the sole purpose behind why the forefathers of the United States were compelled to form and divide a new government into three separate branches, one should become familiar with the meanings and functions of each branch. The Executive branch of the government is responsible for enforcing the laws of the land (USA.gov 2000-2012). The functions of law under the Executive branch, is administered and enforced by the United States President, who is first elected by the citizens of the country.
The last is the judicial branch. All are separated and have different jobs assignment but comes together to help resolve issues. Thus, the centerpiece of our systems is the doctrine of Separations of Powers that constitutionally assigned duties to the three branches of government: legislative, executive, and judicial to distinct and have checks and balances on each branch to prevent abuse of power from the government; it is to keep a democracy. The legislative branch internally has its’ own way of balancing powers. As you know the Legislative Branch is broken up into two parts or houses of the federal government of the United States of America consisting of the Senate and the House of Representatives.
Incorporation doctrine states that most protections within the Bill of Rights are applied to the states as well as the federal Government, it allows the Supreme Court to apply the Bill of Rights to the states under the Fourteenth Amendment Due Process and Equal Protection Clauses Under the original understanding of the Constitution, the power of the states was not limited by the Bill of Rights. Before these rights States could restrict freedom of speech, search without warrants, and deny trial by jury, just to name three examples. The creation of the Fourteenth Amendment starting in 1925, helped the justices of the U.S. Supreme Court began to rule that some rights were so fundamental to the conception of due process of law that they must apply to the states through the Fourteenth Amendment, which prohibits any state from denying due process of law to any person. However homosexuals are not protected by this doctrine. The 14th Amendment 1868 due process clause this dictates that neither state or Government could get in the way of personal rights this is an extremely effective away to protect the civil liberties of its citizens .
The power to override a president’s decision is also in the legislative branch’s hands. Laws can be stopped from being passed by the legislative branch who also has the ability to control the governments choices. The legislative branch is also known as congress, which includes the senate and the House of Representatives. The people of the United States had concerns of smaller states that contained more people against bigger states with less people. Divided throughout the fifty states are 435 elected
The Congress is the official name and has its powers well elucidates in Article 1 Section 8 of the Constitution. It has amongst other things, powers to collect taxes, regulate money value, set penalties in the case of counterfeiting, set up with inferior courts to the Supreme Court (federal courts), declare war, make laws that are necessary for the execution of its powers etc. The tasks are numerous, but are limited by the constitution especially concerning how the powers are to be executed. Both the House of Representatives and the Senate have different roles to play within the government, a fact that ensures that there are no overlapping responsibilities (Bardes,
The House of Representatives originates and spends bills. The Senate impeaches officials and approves treaties. The soul duty of the Legislative Branch is to make Laws. “Under the Constitution, Congress has legislative authority, but that power is partly shared with other branches and thus checked by them” (Patterson 51). This describes that the legislative branch does not have power over any other branch of government; there is checks and balances always occurring throughtout the government.”Within Cogress, there is a further check on legislative power: for legislation to passed, a majority in each chamber of Congress is required” (Patterson 51).
In this essay, we will consider the performance of UK Parliament in 3 main functions: making laws, representation and controlling the Executive. The name “legislature” suggests that Parliament has something to do with making law. Although this is not the primary function, but still, undoubtedly appropriate as most laws certainly have to get the assent from both Houses ( the Lords and the Commons ) and Parliament can amend or defeat any law easily. Debates on bills constitute about 40% of the time spent on the floor of the Houses and in theory give backbenchers-people who support the government or the opposition, opportunity to infuence the shape of legislation with their speech. Along with the rising number of back-bench rebellions and MPs defeating government’s proposals such as the Syria war in 2011, it can be seen that Parliament is performing well in making laws.
Article I of the Constitution addresses the legislative branch of our United States government. In addition it explains how the House of Representatives and the Senate shall be elected, the terms of their elections and it also grants the legislative branch the power of the purse. In section 8 of article I it states, “ To constitute Tribunals inferior to the Supreme Court;” which allows congress to determine all of the lower courts of our Federal and state governments. Article I has great detail as to how the legislative branch should be created, followed etc., yet it says nothing about the Supreme Court, the third branch of our government and this might be one of the ways our founders limited the three branches from intersecting one another.
The idea of checks and balances are central to the federal government. Checks and balances is a system of government in which each branch (executive, judicial and legislative) exercises control over the actions of the other branches of government. The legislative branch of the government (otherwise known as congress) carries out the checks on the executive (the president). An example of this is the power congress have to amend, block and even reject pieces of legislation. An example of this is the events of 2013 when congress blocked Obama’s attempts to control gun ownership.