Author's Note: This piece was collaborated with Sam, Kaylie, Megan, and Timothy. It was an assignment we had to do for "We the People" and each of us wrote a section to create an essay in which we had to read aloud for an audience.
Today in Iran, girls can’t go to school, they can’t vote and
they have to wear shawls over their faces. In Libya, Muammar Gaddafi murdered
the citizens of Libya in great numbers because the people disagreed with him.
These countries are having these problems because the government had too much
power.
The framers
of our constitution wanted to guarantee these situations could not happen in
America. In the first three articles of our constitution, the framers laid the
foundation of our government structure and operation to ‘insure’ that no one
branch of government could dominate another. When you look at Iran and Libya, aren't you glad our government is the way it is?
The framers
divided our government into three branches; the judicial branch, the
Legislative branch and the Executive branch. The job of the judicial branch is
to decide the meaning of laws and to interpret the law that supersedes all
laws, the U.S. Constitution. The job of the Legislative branch is to make laws
that promote the common good, which is the most good for the most people, to
raise an army, to declare war and to govern commerce. The job of the President
and the Executive branch is to carry out the law, to grant pardons, to prepare
the country’s budget and to approve laws they judge are right and veto those
they think are bad for the people.
The framers
knew it was important to separate the powers, but they also knew that it was
not sufficient to allow each branch to operate unchecked by the others.
Therefore, the Constitution calls for a system of checks and balances between
the branches.
For example,
the judicial branch has the power to decide the meaning of the laws. However,
Congress approves judicial appointments, can impeach judges and can make
amendments to the constitution when they think the Supreme Court is not
interpreting the laws in the right way. The Executive branch checks the power,
too, by having the power to appoint the judges and Supreme Court justices.
Congress has
its power checked in many ways too. For instance, Congress has the power to
make laws, like Tax laws. The Executive Branch can check the lawmaking power by
vetoing the bill. The Executive Branch further checks Congress’ power by having
the power to call them into session and to tell them when to adjourn. The
Judicial branch also shows Judicial Restraint. This shows that Judicial Review
can be good if they use good judgment in how often and in which cases they use
it.
The third
branch, the Executive Branch, has its power checked by the other branches too.
For instance, the president has the power to veto. If the president vetoes a
bill then it is sent back to Congress. Congress must then get two thirds of
each house to vote to override the bill for it to become law. Congress also has
the power to impeach the President. If they do, the Judicial branch acts as “President
of the Senate” during the hearings, providing a way for the Judicial branch to
also check the Executive Branch’s powers.
We think
that Congress should be able to override the veto of a President because if
Congress passes a law that is going to help the Common Good and the President
vetoes it, a good law will be eliminated and there would be no way for anyone
to do anything about it. An example of this is on January 17, 2006 in
Wisconsin, in a bill about carrying concealed weapons. The state Congress
passed for the bill, so it went to Governor Jim Doyle, who vetoes the bill.
Congress then tried to override it, but the override vote missed by only one
vote, therefore it wasn't overridden. The people who sponsored the original
bill believed it would result in fewer deaths in Wisconsin. Because the
governor vetoed it, that benefit will be lost. Imagine if the governor’s will
was exactly the opposite of the people’s will and he vetoes everything the
people viewed as right. Shouldn't this be checked by another branch? We say “Yes!”
The separation
of the powers and checks and balances were helpful in limiting the government’s
power but wasn't enough. The framers who wrote our constitution planned a
Federal system of government. In this system, there are three levels: the
national, state, and local government. Each level had balanced power. For
example, the National government has weaker powers. This level of government
can give licenses such as drivers and hunting, and provide health care. The
local government, the smallest form of government, may be weak but still has
power. The local government has the power to create public schools and control
what is taught in them. They also have to pay public school’s staff members
with taxes. All three of these levels are superseded by the U.S. Constitution.
This level is higher than any other level of government besides the people. The
people keep powers for themselves, as well. Some of these powers are choosing to
practice and believe any religion they want, expressing opinions any way they
want and asking the government to do or not do certain things. However these
levels can interfere with each other’s powers. This happened in the case of “United
States vs. Lopez”. In this case, the Federal government was trying to control things
the state government should control. This power was dealing with concealing and
carrying weapons. The Federal government was trying to decide if citizens
should be allowed to carry concealed weapons. It was ruled that the state would
control this freedom. The Framers needed more than three branches so they
created this Federal system of government.
In
conclusion, governments like Iran and Libya that are out of balance can be very
dangerous. Since our country has Separation of Powers, Checks & Balances,
and a Federal system, our country is in control and in balance. No branch is
too powerful; no level of government is too strong. Therefore, America’s
cherished rights to life, to liberty and the pursuits of happiness are
preserved.
