Essay on How Branches of Governments Provide Checks for the President

Abstract

The president has the power in a country. These powers are provided by the constitution or other implied. The president’s power however, does have a limit. Individuals who have such powers of controlling the functions of the president represent other arms of the government. This paper explains the control of presidential powers in a state.

Introduction

For countries to balance the powers of their president or any agency, there is a need to have separation of powers. Separation of powers is essential in ensuring that all departments of the government work without interference. Separation of powers relates to the separation of the governments powers into several branches, where each branch has special tasks to accomplish. Separation of powers on the other hand, provides a constant system of checks and balances that ensures the president does not use their powers excessively. This system of governance is important since it ensures that the president or their advisors do not act above the law. The model of separation of power came into existence during ancient Rome and Greece.

This form of providing checks and balances in governments consists of different branches. Branches that provide systems of checks and balance to the president consists of the Judiciary, legislature and the Executive. Each of these branches in the government has their own duties and powers. Presidents in any country have numerous powers, some of these powers are explicitly provided for by the constitution, granted by congress or other institutions, implied or from their influence in the country. The powers of the president in a country includes, commander in chief of the Armed forces, chairs cabinet meetings, appoints ministers, ambassadors and other office holders as well as grant pardon or reprieves for capital offenders (Arts, Bond, & Smith, 2012).

Checks and Balances

To prevent the president or any branch of the government from being supreme, separation of powers is necessary. Separation of powers provides grounds for a system of checks and balances. This system ensures that each branch of the government accomplish their task according to set rules and procedure. The system of constant checks and balances limits negative activities of any branch of the government. In other words, system of checks ensures each branch of the government watch over the performance of other branches (Arts, Bond, & Smith, 2012). This constant watch of government activities ensures that the president acts within the law and that if one breaks the law, there is a criterion for punishment.

Separation of powers gives powers to the judiciary to make amends in the legislature and the Executive. It also assists the legislature make laws that affect other branches of the government. Further, the Executive arm of the government has a role in the activities of the judiciary and the executive. In relation to the government of the United States of America, the constitution clearly illustrates the separation of powers within the arms of the government. According to the constitution, the legislative arm is entitled to passing of bills, control government spending as well as formulate tax rates (Strom, 2000). The legislature has a sole right of declaring war as well as provide regulate and support the military. It also has the duty of formulating rules for government officials as well as the government.

Further, the legislative arm of the government ratifies treaties that have been signed by the president. The legislative arm on the other hand, has the powers of impeachment. In the case where other arm of the government or the president acts contrary to set rules, the legislature has the power of impeachment. The executive arm, which the president heads has the following functions: the president of a state is the commander-in- chief of all armed forces within the state, may chose to veto bills, the president additionally gives instructions to the congress, execute spending within the executive and sign international treaties on behalf of the government (Strom, 2000). Further, the president has the power of appointing members of the judiciary and grant pardons as well as reprieves for offenders. However, one has to realize that the president will not execute these functions in case of an impeachment.

The judiciary arm of the government on the other hand assist in governance by ensuring that congress uses certain set of rules, the judiciary also determines the constitutionality of laws, determine which sets of laws every arm of government need to apply. The judiciary also ensures that specific laws are applied to prisoners as well as determine which laws relate to giving of testimonies and evidence collection. This arm of the government further assists in the formulation of policies according to set rules and in accordance with the constitution (Strøm, 2000). All branches of the government assist in providing checks and balance on the actions of the president on several occasions. This system of checks and balances relates to the performance of all branches of the government.

References

Strom, K. (2000). Delegation and accountability in parliamentary democracies. European journal of political research, 37(3), 261-330.

Arts, L., Bond, J. R., & Smith, K. B. (2012). American national government.