Branches of the Government - Term Paper Example

Abstract The objective of the paper is to specifically address the following questions, to wit: (1) what were the reasons our forefathers divided the government into the legislative, judicial, and executive branches? (2) How are the three branches of U.S. government supposed to interact? (3) Is the system successful? Why or why not? Are the branches balanced in power? Why or why not? (4) How was the conflict between supporters of a strong federal government and champions of states’€™ rights characterized then as opposed to now? And (5) how could things have been designed more efficiently, if at all? Branches of the Government The U.S. government has been designed to be divided into three (3) branches which are separate but intertwined in terms of responsibilities, accountabilities and functions. The legislative, executive and judicial branches of the government are hereby examined and evaluated according to respective powers and functions and their interrelationships with each other. In this regard, this essay is written to address specific questions as stipulated below. What were the reasons our forefathers divided the government into the legislative, judicial, and executive branches? According to WebRing, Inc., the founders of America perceived that “the primary function of the government is to punish criminals. The founders of America divided the government into three branches to prevent the government from abusing the power to punish criminals. No person can be punished unless all three branches agree that the person is a criminal and should be punished. The legislative branch can prevent the punishment of a person by declaring that the actions of that person are legal. The executive branch can prevent the punishment of a person by refusing to accuse that person of any crimes. The judicial branch can prevent the punishment of any person by refusing to set a punishment for that person.” (n.d., par. 1) In another study, Stolyarov (2007, 1) proffered that “in creating the Constitution, the American Founding Fathers designed the executive branch to impart the quality of energy to the republic -- necessary to defend it against foreign attacks and protect the property rights of citizens against internal threats”. In addition, Stolyarov also indicated that the separate judicial branch is created “to exercise judgment about the interpretation of the laws and the Constitution -- though it has no force or will of its own” (2007, 1). How are the three branches of U.S. government supposed to interact? As clearly explained the three branches of the U.S. government are not separate but are intertwined. The legislative branch is the law making body where all legal jurisdictions in all aspects of human lives are governed. The executive branch is responsible for executing or implementing the laws carefully designed and enacted by the legislative branch. Finally, the judicial branch justly weighs the cases presented using laws and executory powers to finally arrive at an appropriate verdict. According to Dixon (2008, 1), “when a policy is in the making, Legislators hold the power. The Executive branch enforces the law, while, the Judicial branch takes care of the legalities. Federal, State, and Local can turn down the policy if they're not okay with it. The Executive branch helps implement laws that are ordered by the legislators. In this procedure, checks and balances come into place. The checks are issued and supposed to be balanced with the executive and judicial branch.” The official website of the U.S. Federal Government stipulates the details of the three branches with regards to accountabilities and general responsibilities. Accordingly, the law-making branch, the Legislative Branch, is composed of the Senate and the House of Representatives. The Executive Branch, responsible for “enacting the laws of the land” (USA.gov, 2010, par. 2) enumerate that the “president, vice president, department heads (cabinet members), and heads of independent agencies carry out this mission” (USA.gov, 2010, par. 2). Finally, the Judicial Branch, appoint courts to decide “arguments about the meaning of laws and how they are applied. They also decide if laws violate the Constitution—this is known as judicial review, and it is how federal courts provide checks and balances on the legislative and executive branches” (USA.gov, 2010, par. 3). The U.S. Courts averred that federal courts “are called the guardians of the Constitution because their rulings protect rights and liberties guaranteed by it” (US Courts, n.d. par. 1). The federal judges are selected by the President of the United States and confirmed by the Senate. The types of cases involving the constitutionality of a law, ambassadors and public ministers, disputes between states, admiralty law, and bankruptcy law. (ibid.) Accordingly, federal courts are comprised of four major courts, to wit: the U.S. Supreme Court, the U.S. Courts of Appeal, the U.S. District Courts, and the Bankruptcy Courts. The Administrative Office of the U.S. Courts defined district courts as “the trial courts of the federal court system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters.” (U.S. Courts, n.d., par. 1) Bankruptcy cases are exclusively tried in district courts. The assistance of the jury is sought to decide on various cases tried under this system. Finally, the U.S. Supreme Court is composed of eight associate justices and the Chief Justice of the U.S. The Congress sets guidelines on the Supreme Court’s discretion to hear a limited number of cases per annum. The cases usually involve the federal law or issues on the Constitution (US Courts: Supreme Court, n.d., 1). Is the system successful? Why or why not? Are the branches balanced in power? Why or why not? The system has been successful over the years because of the check and balance mechanism that provided by the system. It avoids occurrence of error, abuse, or mistakes through a double checking mechanism of the other two branches. The branches are also considered balanced in power because the tasks and responsibilities are justly and equitably divided. As Hawk (2008) averred, “our Constitution architects created a fundamental principle underlying the strength and tension of the federal government. No one wanted anyone else to become too powerful. So for almost every power they granted one branch of government, they created an equal power of control for the other two. The legislature could “check” the power of the President; the Supreme Court could “check” the power of Congress, and so on maintaining a “balance” among the three branches” (par. 1). How was the conflict between supporters of a strong federal government and champions of states’ rights characterized then as opposed to now? Originally, the federal government had little government authority over individual state actions. Only by the beginning of the 20th century did the federal government begin to accumulate increasing governing powers. According to APFN (1997, par. 7), “the States Rights movement, …derives its authority from the Tenth Amendment of the Constitution which states that, "The powers not delegated to the United States by the Constitution, not prohibited to it by the States, are reserved to the States respectively or to the people." Backed with the power of the U.S.Constitution, states are challenging the jurisdiction of the federal government”. Supporters of a strong federal government were more focused on governmental affairs and were said to be “not interested in what the citizens want” (APFN, 1997, par. 3). The Tenth Amendment specifically stipulates that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (Lectic Law Library, 2010, par. 1). In contemporary times, there are clear exclusive powers of the federal government and powers of state governments in terms of prioritizing concerns and problems affecting the citizenry. Federal government has always been focused on affairs of the Constitution and the rights encompassing it. The champions of the state focus of local constituents and the preservation of individual state rights. The Tenth Amendment clearly states the powers delegated and reserved to the States, and to the people, as required and agreed upon by the Constitution. According to Longley (2010, pars. 1 - 3), “the U.S. Constitution establishes a government based on "federalism," or the sharing of power between the national, and state (and local) governments. Our power-sharing form of government is the opposite of "centralized" governments, such as those in England and France, under which national government maintains total power. While each of the 50 states has its own constitution, all provisions of state constitutions must comply with the U.S. Constitution. Under the U.S. Constitution, both the national and state governments are granted certain exclusive powers and share other powers”. With clear distinctions as to powers, jurisdictions and those which are shared by both the federal and state governments, the conflicts are thereby minimized. How could things have been designed more efficiently, if at all? The current stipulations of powers and jurisdictions between the federal and state governments have provided the underlying framework for sharing of power. As Longley emphasized, “shared, or "concurrent" powers include: setting up courts, creating and collecting taxes, building highways, borrowing money, making and enforcing laws, chartering banks and corporations, spending money for the betterment of the general welfare, and taking (condemning) private property with just compensation” (Longley, 2010, par.6). The design have been evaluated and reviewed over a long period in time ensuring its effectiveness and appropriateness in application. However, in contemporary times, there still exists some controversy between federal and state sovereignty where “federalism” cases occur (Thomas, 2008). The reliance on Congress to review such cases give credence to that fact that the design for laws, powers and jurisdictions of federal and state laws need continues evaluation and assessment given new cases that emerge – which previously were not perceived to be even legally possible. Conclusion The essay was able to achieve its objective of addressing specific functions, relationships and powers of the legislative, executive and judicial branches of the US government. In the process, the discourse proffered the conflict between supporters of a strong federal government and champions of states’ rights characterized then as opposed to now. Finally, personal contentions were relayed as to the design of the federal and state governments in terms of possibilities for increasing efficiency, in the long run. References APFN. (1997). Idaho says, No! The Federal Governement says, Yes! Retrieved 30 May 2010. < http://www.apfn.org/thewinds/1997/07/states_rights.html> Dixon, S. (2008). 3 Branches of Government: Executive, Judicial, and Legislative Branch. Retrieved 30 May 2010. Hawk, R. (2008). Checks and Balances in the Three Branches of Government. Retrieved 30 May 2010. Lectic Law Library. (2010). Legal Definition of Tenth Amendment. Retrieved 30 May 2010. < http://www.lectlaw.com/def2/t065.htm> Longley, R. (2010). Federalism: National versus State Government. Retrieved 30 May 2010. < http://usgovinfo.about.com/od/rightsandfreedoms/a/federalism.htm> Stolyarov, G. (2007). The Ideas of America’s Founders: The Executive and Judicial Branches of Government. Retrieved 30 May 2010. Thomas, K.R. (2008). Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional Power. Retrieved 30 May 2010. < http://www.fas.org/sgp/crs/misc/RL30315.pdf> U.S. Courts. (n.d.) Comparing Federal and State Court Systems. Retrieved 30 May 2010. < http://www.uscourts.gov/outreach/resources/comparefedstate.html> ---------------. (n.d.) United States Supreme Court. Retrieved 30 May 2010. < http://www.uscourts.gov/supremecourt.html> USA.gov. (2010). Federal Government. Retrieved 30 May 2010. WebRing, Inc. (n.d.). Legislative, Executive, and Judicial Branches of Government: Is Judicial Independence Necessary? Retrieved 30 May 2010. < http://kmh678.tripod.com/Government/threebranch.html> Read More