Who Is In Charge Of The Executive Branch Of Government – The Founders envisioned the US government as three co-equal branches, each designed to provide checks and balances on the other two branches. HowStuffWorks/YouTube
If you’re not a politician, you might find yourself troubled by how the three main branches of the US government seem to be butting heads instead of working together to solve the world’s problems. But as we see, the government was formed in three parts for a reason. The three branches are:
Who Is In Charge Of The Executive Branch Of Government
In a nutshell, here’s how the system works. The President can compel Congress to pass legislation on a subject that he has promised to implement. After long debates and compromises, lawmakers pass a bill that sometimes turns out to be very different from what the president asked for. If he doesn’t veto the bill, he can issue a signing statement outlining how his administration will implement the law in a way that differs from what Congress intended. The executive authority then prepares draft regulations for the implementation of the law and its operation. Congressional committees may hold meetings to review the actions of the executive branch.
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And on top of that, the US Supreme Court can step in and strike down the president and Congress by ruling that the law is unconstitutional, forcing them to start over.
As crazy as it sounds, the world system was set up that way because they didn’t want any part of the government to have too much power. To do this, they amended the US Constitution. of the checks and balances that each branch could impose on the others. The idea was that the three branches would eventually make agreements that everyone could live with.
The idea of three branches of the US government is not American at all. “The idea of separate branches and mixed government comes from Aristotle’s Politics, which was familiar to architects,” Nicholas Mosvick explains via email. He is the director of the National Constitution Center, a museum and civic education organization in Philadelphia.
James Madison, the future president who was the primary author of the US Constitution, and the other founding fathers were also influenced by the late 17th century British philosopher John Locke.
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But the most prominent influence may have been the French philosopher Baron de Montesquieu, author of the 1748 book The Spirit of Laws, which explained what should distinguish republican autocracies from monarchies and despotic states. In his opinion, a republican government should have separate and independent officers, the legislative and the executive, to protect each other from the exercise of their different powers.
Mosvick says the system created by the Founders, described in Articles I, II, and III of the U.S. Constitution, was not as cut and dried as Montesquieu’s. Instead, they promised some overlap.
“The simplest examples are in the Senate and Title II,” says Mosvick. “The Senate actually does the work of the authorities, as they fulfill the task of advising and agreeing contracts, appointing judges and officials. The president has veto power, which gives him a role in legislation, and he has the power to advise Congress, usually in the form of the State of the Union and legislative recommendations.
The matter is complicated by the fact that some of the powers of the president are not clearly defined in the constitution, explains Mosvick. “No executive order or signature document comes from the Constitution. An executive order was the power derived from the meaning of the words “executive,” “executive,” and “loyal action” in Part II, as well as the opinion of the officers that led Washington to form a cabinet.”
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“Signing petitions is very unconstitutional,” Mosvick continues. “Many experts do not believe that they are constitutional precisely because they violate the separation of powers, because they take executive power by choosing the letter of the law, or ‘honest killing’ simply means following the law according to Congress.”
The notion that the three branches work together or against each other has also evolved over the centuries.
“The most important change in the separation of powers is probably the rise of government after the New Deal in the 1930s,” says Mosvick. “The Supreme Court in the 1930s was heavily involved in defining the limits of what we call delegation—the granting of authority by one branch to another independent party or as part of a larger branch. Some delegations were initially rejected as part of the doctrinal debate. Whether or not the nondelegation doctrine derives from what the Founders meant, but the thing is simply that “Congress may not delegate its greatest constitutional power—to make all laws—to another party, any more than it can.give authority or jurisdiction to non-Title III courts.”
“This is also where the recent questions about the impeachment of the leaders of governing bodies by the president come from – this is also a question of the separation of powers, but it stems from modern products that the founders could not imagine.
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Bruce Peabody is a professor of government and politics at Fairleigh Dickinson University and the author of Where Have All the Heroes Gone? The Changing Nature of American Valor, as well as a 2019 article on the concept of separation of powers in The Conversation. . He explains in an email that the checks and balances introduced in the three-branch system have prevented abuse of power in the past.
“One of the classic examples is the impetus behind the hacking of the Nixon campaign and the congressional investigation into the hacking of the Watergate building and the headquarters of the Democratic National Committee,” he says.
“Congress investigated carefully, the president backed down, saying that White House documents concerning the president were covered by the legal protection of “executive privilege,” and the Supreme Court helped settle the dispute, ultimately ruling that the president had unwritten executive authority, but saw that it was not unlimited. power—and issue certain rules for its use.
“Each department has its own political interests and organizations as well as the state in implementing this wonderful example of checks and balances,” he says.
The Executive Branch Of Us Government
But the three-pronged system is not the kind of government machine that can run on autopilot. Peabody and other experts say that for a democracy to work, all three branches must have values that go beyond the design of the system. In recent years, we have seen that this system is not very effective in resolving conflicts and taking effective measures. A case in point is the deepening conflict over immigration policy.
“Perhaps I would say that our game and chronic inactivity are related to the instability of the party. But of course this development has to do with our declining faith in republican virtue, the traditional idea that our leaders should be expected to contribute to the public good, not just dislike it, and that they should take credit for it. to work in the government,” Peabody says. He cites George Washington as an example, who agreed to serve as president of the Constitutional Convention and as the first president of the United States, even though he couldn’t wait to get back to his slave-backed property in Mount Vernon.
Peabody cites the work of researchers Steven Levitsky and Daniel Ziblatt, who he says have demonstrated the basic principles necessary for our government to function. Peabody describes one of their main tenets as “reciprocity,” the idea of accepting your political opponents as legitimate, even if you don’t fully agree with them. Another important factor is “tolerance”, which means that you set limits on how far you will go in using your government powers to advance your own interests and those of the party you belong to.
But America’s three-branch system can also lead to inequality, in part because the Founders chose to create a strong executive branch. This president has great authority and cannot be easily removed from office until the years are added. (In the UK, political strife can lead to parliament calling early elections, which could result in the removal of the prime minister.)
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To add to the problem, we have seen a gradual increase in presidential powers over the years. Peabody says American government is becoming increasingly presidential for a number of reasons, from the evolution of our media environment and political campaigns that focus on representatives rather than ideas to what is sometimes called the administrative state—a large, permanent state. one. bureaucracy of department heads.
“This, combined with post-FDR bipartisan success in electing candidates to the White House (and the competitiveness of many presidential races), has led Democrats and Republicans to join forces to increase executive power.”