The Constitution, Checks and Balances, and the Development of Law

According to Streich (2009), the government of the United States demonstrates a system of government characterized by separation of power as influenced by a French academic Montesquieu. The first three articles of the US constitution highlights in detail the balance of power between the three organs of the government. Neither of the three branches of the government that is the legislature, the judiciary and the executive, has the power to over rule the other. The safe guard provided by the constitution ensures that none of the three branches shares the responsibilities of the government.

Streich (2009), states that the constitution as indicated in article one clearly indicate that the congress constitutes of two chambers. The constitution also clarifies the powers of each chamber.
In the seventh section of the constitution, the process of passing bills and resolutions is outlined. In the executive branch of the constitution, the president is the commander in chief of the armed forces. He makes treaties, nominates cabinet and federal judiciary personnel. He appoints ambassadors with advice and approval of the senate (Streich, 2009).

Streich (2009), states that the congress has the power to remove a president by way of impeachment as indicated in section 4 of the constitution. The congress is given the power to establish federal judiciary, but the mandate of appointing judges is left with the president.

 Article three of the constitution outlines the function of the judiciary. The courts of appeal as well as the supreme courts have the power to give regulations regarding the compliancy of the federal and states laws to the constitution. The Supreme Court is the ultimate court of petitions (Streich, 2009).
There are various stages a bill passes before it becomes law in the United States. According to Feagin (1990), a new law or an idea may be sponsored by any member of the general assembly or a senator.

These ideas may emanate from diverse sources starting from members of the public, interest groups, to government officials. The bill is taken to the correct committee to be reviewed. The committee may consider the bill as unwise and refuse to table it thereby nullifying it. The committee, if it considers the bill wise, listens to views and facts provided by all interest groups. The revised bill is then brought back to the house for debate and approval (Feagin, 1990). A bill is voted for in the congress and approved with a simple majority. In case the bill is passed by the senate, it goes to the president for signature. If a bill is not passed by the congress, that becomes the end of it. After the president has signed the bill, it automatically becomes law. The bill, in case of a rejection by the president can still be passed by the congress with two-thirds votes. This is known as a veto to override the veto. If the bill is not returned to the congress by the president within a period of ten days, it automatically becomes law (Feagin, 1990). In case the congress postpones its proceedings before the ten days period, the bill is vetoed.

This is indirect rejection known as pocket veto. A party that feels offended after a bill has been passed can seek redress by way of federal court system which can then consider the bill unconstitutional. The president and the congress can amend the constitution making the ruling of the federal courts null.  Laws that have been signed by the president are given to the public in print form (Feagin, 1990).

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