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Running Header: American System of separation of powers

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American System of separation of powers

Abstract

The principle of separation of powers, checks and balances are not only entrenched in the USA

constitution but also all over the world in democratic states. Powers are separated distinctly

and clearly defined to avoid confusions, chaos and anarchy. The checks and balances are

designed to ensure each branch of government works in its own jurisdiction without

overstepping its mandate. A 3 in 1 classical example of checks and balances can be illustrated

below.

The President appoints judges and departmental secretaries. But the appointments must be

subjected to Senate’s approval. The Congress can pass a law, but still the President can veto it.

The Supreme Court can rule a law to be unconstitutional, but still the Congress with the States

can amend the Constitution.

The USA constitution mandates the following powers to executive, legislature and the judiciary.

The powers of the Executive are; veto power over all bills; appointment of judges and other

officials, makes treaties, ensures all laws are carried out, commander in chief of the military,

pardon power. The powers of the Judiciary are; the power to try federal cases and interpret the

laws of the nation in those cases, the power to declare any law or executive act

unconstitutional. The powers of the legislative are; make laws, approve appointments, confirm

certain military actions. Different states in USA may have different levels of local government

but the USA constitution supersedes other state constitutions. Various players such as the

interest groups influence the USA policies and these groups play major roles in policy making.
American System of separation of powers

In this world no single constitution is superior to others; even the USA has its own flaws. A

constitution which best fits a country is that which best fits its needs.
American System of separation of powers

Separation of powers, checks and balances

The American constitutional system works on the principle of separation of power, checks and

balances just like other democratic constitutions in the world. Though they vary but the system

of separation is still noticed. In this principle, branches of government are created and power

shared between and among them. Each branch has distinct and separate functions and

authorities but certain powers of the branches are limited or checked by another branch. This is

what we refer to as the system of checks and balances. The USA government has three

branches created in the Constitution. The Legislative, composed of the House and Senate. The

Executive composed of the President, Vice-President, and the Departments. The Judiciary

composed of the federal courts and the Supreme Court. A typical example of this is: For

example, President Donald Trump recently appointed Supreme Court judges and Departmental

Secretaries. These appointments are subject to a must approval by the Senate. During the

President’s Obama’s tenure, Congress passed to repeal the Presidential Benefits Act, but the

President vetoed against it. The Supreme Court recently outlawed some sections of the

President’s Trump executive order on immigration. The Congress, with the States, can amend

the Constitution.

Example of legislation and Enactment Process

The Affordable Care Act otherwise known as Obama Care

July 2009: Speaker of the House Nancy Pelosi and a group of Democrats from the House of

Representatives reveal their plan for overhauling the health-care system. It’s called H.R. 3962,

the Affordable Health Care for America Act.

American System of separation of powers

August 25, 2009: Massachusetts senator Ted Kennedy, a leading supporter of health-care

reform, dies and puts the Senate Democrats’ 60-seat supermajority required to pass a piece of

legislation at risk.

September 24, 2009: Democrat Paul Kirk is appointed interim senator from Massachusetts,

which temporarily restores the Democrats’ filibuster-proof 60th vote.

November 7, 2009: In the House of Representatives, 219 Democrats and one Republican vote

for the Affordable Health Care for America Act, and 39 Democrats and 176 Republicans vote

against it.

December 24, 2009: In the Senate, 60 Democrats vote for the Senate’s version of the bill, called

America’s Healthy Future Act, whose lead author is senator Max Baucus of California. Thirty-

nine Republicans vote against the bill, and one Republican senator, Jim Bunning, does not vote.

January 2010: In the Senate, Scott Brown, a Republican, wins the special election in

Massachusetts to finish out the remaining term of US senator Ted Kennedy, a Democrat. Brown

campaigned heavily against the health-care law and won an upset victory in a state that

consistently votes in favor of the Democratic Party.

In January 2010, eHealth published research conducted by Opinion Research highlighting public

perceptions of the health-care reform.

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March 11, 2010: Now lacking the 60th vote needed to pass the bill, Senate Democrats decide to

use budget reconciliation in order to get to one bill approved by the House and the Senate. The

use of budget reconciliation only requires 51 Senators to vote in favor of the bill in order for it

to go to the president’s desk for signature.

March 21, 2010: The Senate’s version of the health-care plan is approved by the House in a

219-212 vote. All Republicans and 34 Democrats vote against the plan.

March 23, 2010 President Obama signs Affordable Care Act into law (Emilly, S, 2012).

Levels of local California Government

While California’s local governance system appears to be complex, California has fewer local

governments per capita than most other states. The local California government is divided into

these levels:

58 Counties.

Serve as agents of the state for health programs and social services. Provide countywide

services such as jails, district attorney, assessor, and elections. Provide municipal services in

unincorporated areas. Intergovernmental transfers mostly from the state and federal

government make up nearly two-thirds of county revenues. Property, sales, and other taxes

make up one-sixth.
American System of separation of powers

480Cities.

Number of cities is growing at slow rate as voters create new cities for local control over land

use and municipal services. Local taxes make up about one-third of city revenues. Majorly, the

remainder comes from fees and service charges. Full service cities provide various municipal

services such as police, fire, parks, and library. On the hand, other cities rely on their county or

special districts to provide some of these services.

425Redevelopment Agencies.

Have two extraordinary powers namely; property tax increment financing and eminent domain.

Nearly 3,400 Special District.

Most provide a single service such as fire protection or waste disposal. Nearly two-thirds have

independently elected boards or board members appointed for terms.

Over 1,000 K-12 and Community College Districts.

Number of K-12 districts has reduced over the years as elementary and high school districts

reorganize into unified school districts. They provide the first two years of post-secondary

education and adult vocational courses.

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Impact of local government of California

The counties, cities influence on my life since they are the main localities from which the state

of California majorly collects its revenues owing to their large population thus larger tax base.

The revenue thus collected will enable the state to perform necessity functions to its citizens.

Special District is of such importance to me since they offer fire services and waste disposal.

With proper waste disposal and catastrophe management like fire service, I can thus feel

comfortable without being so overworked on how to manage fire catastrophe in case of any.

With proper waste disposal my health and safety is thus guaranteed.

Community College Districts provide the first two years of post-secondary education and adult

vocational courses. Through this I can be able to pursue study of professional course or do

research or borrowing books for reading.

Influence of interest group on policy

Interests group are organization of persons with policy goals to work within the political process

to promote such goals. These groups influence policy in various ways including namely;

lobbying government, engaging in election activities, mobilizing various publics and educating

various publics as well. The interest groups are:

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Economic interest groups

Are groups that represent big business. For example, The American Medical Association (AMA)

opposed legislation to create health maintenance organizations abbreviated as HMOs for years.

Public interest group

Also known as citizen action groups as they do not profit directly from the policy changes they

seek and they also enjoy non-partisan image. For example, League of Women Voters promotes

simplified voting procedures and an informed electorate.

Government interest groups

They table the issues of local and state government before Congress and the administration.

Examples of government interest groups include the; National League of Cities, the National

Conference of Mayors, and the National Governors Assohese groups is to help state and local

governments get federal grants.

Religious interest groups

Their issues are mostly on support for school prayer, opposition to homosexual rights and a

constitutional amendment banning abortion.

American System of separation of powers

Functions of the USA president

Head of state; the president acts as the chief of the state, for example, meeting other Heads of

States, welcoming national performers to the White House and other ceremonial functions to

this effect. Also as leader of the state he also makes certain announcement to the nation and to

the rest of the world. For example, the President Donald Trump has recently hosted the UK

Prime minister in White House.

Diplomat; the president acts as a diplomat in matters of foreign policy. President Donald Trump

visited China this year on a diplomatic mission to broker peaceful negotiation on North Korea

nuclear stance. He used China as USA envoys to broker peaceful negotiation on nuclear

negotiation.

Commander-in- chief; the president is the highest ranked officer in the armed forces. President

has the powers to send the American Army to areas experiencing instability. Recently,

President Donald Trump sent more troops to the troubled Iraq.

Pardon power; the president can set aside the punishment or lessen it if it is for a federal crime.

President Donald Trump pardoned Joe Arpaio this year, wielding the presidential power of

mercy to absolve the former Arizona sheriff for defying a federal court order.
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Appointment power; the president’s authority to select people to serve in various government

roles. The president has the authority to select all presidential cabinet positions, all Supreme

Court justices, all federal judges, all U.S. ambassadors, and several other government roles.

After assuming power, President Donald Trump appointed various persons to fill the above

mentioned areas.