Checks and Balances Essay

Another very notable role of the President also outlined in Article II. Section 2. of the Constitution and reads, “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court(http://www.archives.gov/exhibits/charters/constitution_transcript.html). It essentially gives the President power to make treaties with foreign nations however, two-thirds of Congress must be in agreement with the decision. Although the President, or the Executive Branch can be interpreted as the most authoritative arm of government, its powers are still limited and restricted by the process of checks and balances. Each branch of government has some governance over the other two divisions. For instance, just as it is outlined above, the President can nominate Ambassadors and Judges of the Supreme Court but the decision must be upheld by Congress. In other words, under the "Advice and Consent clause the appointed member must be sworn in by the Senate. Again, this is an example of how the system of checks and balances limits the powers of the President.

The doctrine of separation of powers developed over many centuries. This practice doctrine can be traced to the British Parliament's gradual assertion of power and resistance to royal decrees during the 14th century. Political theorist, John Locke wrote about the concept of separation of powers in his Second Treatise of Government (1690). In the United States, the separation of powers is a fundamental constitutional principle. The framers of this Constitution saw the need to divide power within the government to prevent a single group from ruthlessly taking over the country. Articles I through III of the Constitution of the United States place each of the basic powers of government in a separate branch. This

A constitution is a written document that sets forth the fundamental rules by which a society is governed. Throughout the course of history the United States has lived under two Constitutions since the British-American colonies declared their independence from Great Britain in 1776. First in line was the Articles of Confederation (1789-1789) followed by the Constitution of United States of America (1789-present). The Articles of Confederation was the first formal written Constitution of America that specified how the national government was to operate. Unfortunately, the Articles did not last long. Under the words of the Article’s power was limited; Congress could make decisions, but had no power to enforce them. Also the articles stated

If the President is suspected of unlawful acts, he can be impeached, or tried by the Senate for misusing his power. The Senate has the sole power to try all impeachments. If he is found guilty, he can be punished but his sentence can be no more than being thrown out of office and being forbidden to hold any government office. Furthermore, if the President wants to spend money, his request must pass through Congress, since it has control over spending. Lastly, Congress can re-pass a bill that was vetoed by the President. Congress also has checks and balances against itself. The President can veto a bill from Congress, and although Congress can override a veto, obtaining a two-thirds vote to do so is very difficult. Public speeches by the President may also concern the public with an issue, putting pressure on Congress to act upon it. The Judicial branch exerts control over the other two by deciding whether or not actions made by the President or Congress, i.e., laws are constitutional.

If he signs it, it is printed and made law, but if he vetoes the bill, it is sent back to Congress where they can adjust it to fit the Presidents wishes. Congress can also take a vote in which they would need a two thirds vote majority in order to overrule the veto.

When the framers of our revered Constitution came together to produce our governing system, they wanted to avoid the precedent of an all powerful entity that could control its citizens. They broke governments role into three important phases, which were the power to make laws, the power to interpret laws, and the ability to enforce them. To further decentralize these authority holding organizations, they created a system that allowed each of the three sections to have a say in each of the others ability to exercise said authority. This organization of overlapping power is referred to as a checks and balances system and was intended to create three equal powers to govern the United States. Over the years since its

A 3rd Article of the Constitution talks about the Judicial Branch. It says that there will be a court and then a “supreme” court that will make many decisions. It later says what kind of cases the federal government gets to hear. The framers wrote detailed descriptions for this Article so that the Judicial system new what cases they got and what cases the federal government got. Without the description, the federal government could possibly override the Supreme Court and get all of the cases. The framers also saw that this Article would need provisions because new cases would arise and new courts would come around.

The president also has the power Veto laws passed by congress. The president has the power to make political appointment and negotiate treaties with foreign countries, however this power also requires the approval of the senate. The President is responsible for making a for appointing his cabinet and federal judges. The president is capable of calling congress in session and the power to adjourn congress.

Fifty-five delegates attended this convention and became known as the “Founding Fathers”. These men planned to come to agreements on how to tax, regulate trade, protect private property, enforce its laws, and create a government that is similar to a monarchy without taking away the rights of the people. The Constitution gave Congress enumerated powers and divided power between the Federal/National government and state governments. It also allowed for the Supremacy Clause, which says that the U.S. Constitution is the supreme law of the land so that states cannot make laws that interfere with laws in the Constitution. For the fear that the National government will have too much power, the Separation of Powers was developed.

The documents above helped to persuade those in America that the Articles of Confederation were outdated. This was because they unfairly separated power of the nation, giving too much to the state governments. The documents also highlight the reasons as to why the Constitution ratification is necessary to the country. The Bill of Rights is used to prove the Constitution's efficiency for government. The United States Constitution should be ratified because it gave power to the central government without infringing upon the peoples' rights, used a Checks and Balances system to limit power of the national government, and is much more fair and just than the Articles of Confederation.

The President is the head of the country and enforces the laws that the Legislative makes. In this process, the President will receive a bill that has already passed through the Legislative branch. He will decide if he would like to veto the bill (decline it) or sign it and have it become a law. If he vetoes it it can go through Congress (in the Legislative branch) again, and if two thirds of the Congress agree on it, it can become a law. This is a very long process.

Chapter 14: The Presidency Essential Questions: 1. Describe the formal and informal powers of the President (at least three each) The president can issue pardons, the president can also issue executive power, and can also serve as commander and chief of the US military. The president’s unofficial powers are setting and enacting a legislative agenda, executive orders, sending out troops without a declaration of war, and conducting foreign policy initiatives 2. Describe the advantages the President has over Congress in foreign policy (nonmilitary).

The President is able to do a lot more than only what the Constitution says. This expansion of power is probably beyond what the Framers envisioned. The Constitution has a list of expressed powers that are also referred to as formal powers, but the President also has informal powers that are not actually written in the Constitution. These are called inherent powers; powers that are inferred from the Constitution. The President has formal and informal powers particularly in foreign policy. Formally, the Constitution grants the the President the power to make treaties with other counties, receive foreign ambassadors,

The President’s formal powers, as found in Article II of the U.S. Constitution, begins with Commander in Chief of the Armed Forces. This was the first power listed, signifying the prominence placed on keeping the country secure and safe, especially from foreign invasion. The next formal power of the President is the power to grant reprieves and pardons for offenses against the United States. An example of said power would be, President Gerald Ford pardoning Richard Nixon following the Watergate scandal and the President ordering a reprieve or delay in the case of a person on death row until their case can be heard by a higher court. The President also has the power to make Treaties, with Senate approval, and to appoint Ambassadors and Supreme Court Judges, again, with Senate confirmation.

The farmers of the constitution believed that it was important to divide power amongst several branches of the government to prevent the rise of despotism. The framers came up with a system that provided powers to permit each of the branches to influence the actions of the others in a neat and behaved way.