The Unique Of American System Essay
The Unique Of American System
Separation of power, one of the four features under the American system of government policymaking, refers to the division of labor given to the three branches of the government in America. The power of separation doctrine is divided in three section of the government organization namely legislative, executive and judicial. The work of the legislature is to establish laws, the executive, on the other hand, positions the established law into operation and later, this law is being interpreted by the judiciary (Spindler, 2000).
All branches are co-dependent with each other judging from the work they need to fulfill in order to put laws into action. Most importantly, the separation of powers was devised to prevent the majority from ruling with an iron fist (Mount, 2001). The second feature, federalism, in America is the division of power between the individual, sovereign states and the national government created by the Constitution of 1787 (The Abortion Law Home Page, 1996).
Meanwhile, the judicial review, which is the third feature of the American System of government approve of the supremacy of the American Court to verify the performance of the government branches and officials in accordance of the United States Constitution (Wipf, et al, 2007). Finally, freedom of speech, which is the last feature of the American government system, provides the civil rights to the citizens in which the Bill of Rights is incorporated. The Bill of Rights affirms:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
This provides the majority the freedom to choose on the account of religion, speech, media, association and petitions.
Separation of power, the meaning itself depicts the example. Federalism can be observed when the national government for example approves a certain drinking age limit, and the different sovereign states and local governments shall abide by it. Judicial review can be exercised once a law is needed to be strike down or be reviewed. Freedom of speech can be best elaborated given the example of the press, where the press expresses their opinions and report everyday news through writing.
Effects toward the policymaking in America can be brought about by these four features. For instance, separation of powers and separation of purpose constitute abstract constructs, steps from game theoretic variables, to the empirical application to actual policies (Spiller, et al, 2003). Federal arrangements on the other hand, may enhance the political influence of formerly sovereign governments, both by facilitating coordination, and by giving these sub-units influence or even veto over policy making, rather than remaining mere policy takers (Stanford Encyclopedia of Philosophy, 2006).
The augmentation of administrative divisions in agencies and programs for services of the demand of the accepted and concerned society comprised the judicial reviews. And the increasing distrust of government results to policymaking (Barnes, et al, 2004). And lastly freedom of speech, freedom of speech can influence policymaking since the masses become the judge whether the law passed is beneficial or not.
In adversarial systems, parties on either side of a legal action take the position of opponents or adversaries before the court, which decides the winner of this legal conflict (Texas Politics, 2006). Separation of power, where the three branches function in order to come about a law that aid adversarial systems in giving the appropriate sentence to the one found guilty.
In the case of federalism, since local governments are given power by the national government, adversarial systems in these areas can give the appropriate punishment for the one found guilty. Judicial reviews can aid adversarial systems in better understanding the case presented before the court. And finally, attorneys can justify the actions of their clients through the freedom of speech.
Adversarial systems are set to work usually in personal and social policy arenas. One example is the case of the King of Pop, Michael Jackson, where he is on trial for getting too “physical” towards several young boys. Until now his case has not been resolved.
Even the hotel heiress and the most famous actress of the Hollywood Star, Paris Hilton, is not getting any special treatment from the United States law. This is for the reason that she is now facing a 45 days in jail due to her case of the alcohol-related reckless driving. And of course, the infamous court trial of Saddam Hussein, the former Iraq president which is accused of being the mastermind of the September 11 tragedy, was sentenced to death under the U.S. government which was telecasted all over the world.
Here with, an adversarial system is supposed as not a good system in the government policymaking. This is since, an adversarial system tends to be based on the ability of the attorney to defend their clients, thus leaving the truth unraveled and defeating the purpose of seeking the truth and the justice, which is supposed to be the essence of the trial. In the systems like these, policies are believed to be less likely credible which is based on those sited situations and arguments.
However, in concluding this argument, United States of America need not have to change their system of government policy making. Yes, although adversarial systems have its share of disadvantages its advantages, still this kind of system are also undeniable. Adversarial systems shed light to the cases, which can result to its conclusion and the triumph of the truth and justice. It is already in the nature of the judicial system of the United States to implement the adversarial structure in government policy making to give and offer a rooms for the two sides or parties to convey the message in order to resolve the conflict in front of the ‘impartial’ authority.
Barnes, Jed & Miller, Mark C. 2004. “MAKING POLICY MAKING LAW: AN INTERBRANCH PERSPECTIVE”. Online. May 25, 2007. http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/miller-barnes1004.htm
Mount, Steve. Nov 2001. “Constitutional Topic: Martial Law“. Online. May 25, 2007. USConstitution.net. 30. http://www.usconstitution.net/consttop_mlaw.html
Spiller, Pablo T., Stein, Ernesto & Tommasi, Marianno. March 28, 2003. “Political Institutions, Policymaking Processes, and Policy Outcomes AN INTEMPORAL TRANSACTIONS FRAMEWORK”. Online. May 25, 2007. http://www1.fee.uva.nl/creed/people/winden/index.shtml
Spindler, Graham. March 2000. “Separation of Powers: Doctrine and Practice”. Online. May 25, 2007. http://www.parliament.nsw.gov.au/prod/parlment/publications.nsf/0/E88B2C638DC23E51CA256EDE00795896
Texas Politics. 2006. “The Justice System”. Online. May 25, 2007. http://texaspolitics.laits.utexas.edu/html/just/keywords.html
The Abortion Law Home Page. November 26, 1996. “Federalsim”. Online. May 25, 2007. http://members.aol.com/abtrbng/federalism.htm
Wipf, Jennifer & Wipf, Peter. May 2007 . “Judicial Review”. Online. May 25, 2007. http://immigration.about.com/od/uslegaltroubles/g/judreview.htm
University/College: University of Arkansas System
Type of paper: Thesis/Dissertation Chapter
Date: 19 March 2017
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