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Oct 24, 2010

An Overview of US Checks and Balances System

The main end of Checks and Balances system created by the founders of US Constitution is to prevent to powers from concentrating in the hand of a person. They believe that it is a disaster should the powers are not distributed equally. Here are some components of the system:
The Powers and Competence of Executive: the one has the duty to execute the laws cleared by the Congress and sometimes its veto (only the President who has privilege to do so) the bills. The President has three choices to do with the presented 1. If president signs the bill, it becomes law 2.
President can veto the bill by sending back to the Congress. However, the President decision can be overridden via two-third majority votes of both Houses and then the bill becomes law without President Approval. By contrast, the bill dies as long as it cannot afford two-third support from Senate and House of Representatives. 3. In some cases; the President takes no action on the bill; accordingly, the bill becomes law automatically after 7 days after of arrival, (Exclude Sunday), knowing that his/her veto cannot survive the override of Congress. Many people consider both face-saving and oppositional act. Moreover, in Clinton Administration saw the rise of Line –Item Veto, the powers of which enable the President to veto any article or section of the bill. In addition, the Executive has some checks over the Congress and Judiciary: the President has powers to convince special session, to adjourn Congress, and can pardon individuals convicted in federal courts. Also, the President appoints Judges for life- time position. The president serves as Commander-in-chief and negotiates treaties with foreign governments with the consent of Congress.
The Powers and Competence of Congress: The Congress has the powers to pass federal budget, collect taxes and fund executive functions, to establish lower federal courts, judicial positions, to approve treaties and federal appointments and declares war. Interestingly, the Congress can impeach and remove president/judges from office. Next, the Congress approves the appointment of judges at the request of President. The Congress can curb judicial power by adding new judges and creating new court systems or writing rules that may limit powers of judicial review in certain legislation.
The Powers and Competence of Judiciary: The Supreme Court has power to rule on constitutionality of Congressional legislation and Executive acts called Judicial Review of Legislation. Last but not least, Chief justice presides over presidential impeachment hearings in the case of serious of misconduct(s). Thanks @_@