Seperation of Power and Checks and Balances Essay
Seperation of Power and Checks and Balances
To make a bill into a law is written out for us in the Constitution. However the Constitution only gives you an idea of how to make a bill into a law. It gives you a broad perspective of how to approve a bill and what to do for approval. Most of all the all bills are looked at on a subjective form, thus meaning that whoever creates the bill, approves it and or veto’s it, is all on a someone’s opinion. To give you a short brief idea of how a bill is processed it must first have reason to be created.
Then after long process and rewriting the bill finds itself in front of both houses where it must have both houses give a majority vote. Last but not least for a bill to become a law the president must sign the bill. Now you have a law and the short of the process. Now to the real process of any bill becoming a law. First of all there has to be reason for a bill to be submitted to become a law. Once we have a reason for a bill to become a law a member of congress will present this to the house. However a constituent, state legislatures and the President may submit a bill.
No matter which of these individuals submit the bill the rest of the process is always the same. Although there is one exception to policy with this, any rising revenue much cross through the house and not the senate. There are committee from both in congress, the House of Represenatives and the Senate which will get broken down into subcommittees. These committees are basically assigned or deal with certain branches or items. The subcommittees will deal with these items and sections with more focus based on specialties of that subcommittee. All bills cover specific things.
For example “laws of gun ownership today” is a bill that is either going to be revised or a new one will be submitted. As we can see there is a subcommittee just for weapons. Once a new bill is brought forth it is introduced and assigned to a committee. This is where the extra tricky portion begins. The bill goes to court basically. Now this bill has a set of hearings and proceedings that are just as a court trial. The actions are just like going to court. There will be subcommittee members who act as lawyers and try to find reason to have or not have the bill.
After this process happens then it moves on to the actual committee for the same process. To be able to pass the test there has to be a majority vote of the subcommittee to move higher if not the bill is washed away or is dead. Once both committees have voted the bill a summary report will be attached and then it will move on to the House. In the House, a bill approved by a committee is referred to the whole House. Most are then referred to the so-called Committee of the Whole, which consists of all members of the House, but with a much lower quorum requirement.
Once in the Committee of the Whole, it is read and debated upon. During this general debate, time is allotted for debate, with equal amounts of that time given to the two main parties in the House. When the time for debate is up, a second reading is done. After the second reading, amendments to the bill may be offered, debated upon, and voted upon. Once the Committee of the Whole is done with the bill, it is referred back to the full House. Note that a bill cannot be killed in the Committee of the Whole, although amendments may be placed on the bill that make it undesirable.
This is often known as a “poison pill Legislative branch is composed of the House and Senate, which is set up in Article One of the Constitution. This article defines the power of Congress, the Legislative branch and the federal government. The article sets a base and limits the power that congress has. This is set in the House of Representatives made up of representatives that gain and loose representatives depending on population. As well it has two Senators from each state. The article also outlines what goes for election and the qualifications of the members in the house.
It gives the details of legislative procedure and dictates the powers vested in the legislative branch. Finally, it establishes limits on the powers of both Congress and the states. These are the powers of the Legislature branch, it passes all federal laws, establishes all lower federal courts, can override a Presidential veto and it can impeach the President The Executive branch is composed of the President, Vice-President, and the Departments, which is set up in Article Two of the Constitution.
This article defines the power of the Departments, President and Vice President. In short it controls the Presidential powers that are broken down into different sections, military powers and Union powers. This section focuses basically on the power of our leaders and how they can or cannot conduct themselves and this country. It gives the Presidential responsibilities how he or she can interact with decisions that are placed before him or her. In this it gives the definition of Executive power. This is the vesting control of power that the President has.
These are the powers of the Executive branch, 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, and pardoning power. The Judicial branch is composed of the Federal Courts and the Supreme Court, which is put in place during Article Three. This section is composed of the Supreme Court with people assigned by congress and the president and smaller federal courts assigned by congress. This article covers federal courts, judicial power, jurisdiction, trial by jury and treason.
There are more sections under each of the topics that the article covers to limit and justify reason for law in our country. These are the powers of the Judiciary branch, the power to try federal cases, interpret the laws of the nation in those cases and the power to declare any law or executive act unconstitutional. Each of these branches has certain powers and limits to these power that are checked by another branch. Here are a few examples of checks and balances that are used in this system. The President can appoint judges and departmental secretaries, but these appointments must be approved by the Senate.
As well Congress can pass a law, but the President can veto it. The Supreme Court can rule a law to be unconstitutional, but the Congress, with the States, can amend the Constitution. Our system of checks and balances appear to be inefficient. That’s for a reason though. This is to force each branch be accountable to for one another and prevent one branch from becoming too dominant. As well it forces the people who represent the American people to make a conscious decision that won’t harm or destroy the people of our country or the other branches established by the constitution.