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The Constitution’s Checks and Balances
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Published: Dec 12, 2018
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Essay On System Of Checks And Balances
Type of paper: Essay
Topic: Government , Business , Art , Law , Politics , Commerce , Congress , President
Published: 02/20/2023
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The Framers carefully incorporated a system of checks and balances within the government by establishing three co-equal branches of government: the Legislative, Executive, and Judicial. The power is separated between the three branches of government to avoid one particular branch from becoming dominant over the other branches. The respective powers and functions of each branch of government are addressed in the Articles of the United States Constitution. Article I of the Constitution establishes the Legislative both the House and the Senate and the necessary qualifications of representatives (U.S. Const. art. I, §§ 1-2). Article I sets forth the procedure for how bills become law (U.S. Const. art I, § 7, cl. 3). Article I also lays out the specific enumerated powers of Congress (U.S. Const. art I, § 8). Article II of the Constitution establishes Executive branch of government. Article II specifically provides that the Executive power is vested in a President (U.S. Const. art II, § 1, cl. 1). Article II also provides for the method for selecting the President, which is through the Electoral College (U.S. Const. art II, § 1, cl. 2). Most importantly, Article II provides for the specific powers of the President (U.S. Const. art II, § 2). Article III of the Constitution establishes the Judicial branch of the government. Article III vests the judicial power of the United states in one Supreme Court and gives Congress the power to create inferior courts as needed (U.S. Const. art. III, § 1). Article III provides for the jurisdiction of the federal courts and the limitations on the types of cases that the federal courts are empowered to hear (U.S. Const. art. III, § 2). In a federalist system, both the federal and state governments have respective powers. While some areas are reserved exclusively for the federal government to regulate, many issues are left up to the states. In the modern business market, millions of business transactions take place across state lines. Congress has the express authority to “regulate Commerceamong the several states” (U.S. Const. art I, § 8, cl. 3). Known as the Commerce Clause, the power of Congress to regulate interstate commerce has been interpreted extremely broadly. The practical significance of Congress’ Commerce power is that most business transactions will be subject to both state and federal regulations. In today’s world, nearly every commercial activity has some impact on interstate commerce, which would bring the activity within the reach of Congressional regulation. Even activities that are purely local in nature have been construed to have an economic effect on interstate commerce, and therefore can be regulated by Congress pursuant to the Commerce Clause. Arguably, this unfettered authority under the Commerce Clause is an unwelcome and unwarranted intrusion into state sovereignty. By taking the Commerce Clause powers to the extreme, virtually every activity could theoretically be subject to Congressional regulation. Such a result runs afoul of the purpose of federalism and the right of the states to address local concerns as the states see fit. While there are certain issues that assume a national character that require federal intervention or regulation, many problems are local in nature and are best left up to state-by-state regulation. As an increasing number of business deals are taking place without regard to state borders and boundaries, a much narrow interpretation of the Commerce Clause should follow suit to avoid Congress overshadowing virtually every state law and regulation.
U.S. Const. art I. Web. 8 Mar. 2016. U.S. Const. art II. Web. 8 Mar. 2016. U.S. Const. art. III. Web. 8 Mar. 2016.
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Guest Essay
The Supreme Court Has Already Botched the Trump Immunity Case
By Melissa Murray and Andrew Weissmann
Ms. Murray and Mr. Weissmann are co-authors of “The Trump Indictments: The Historic Charging Documents With Commentary.”
The Supreme Court’s decision to hear oral arguments in Donald Trump’s immunity-appeal case on Thursday may appear to advance the rule of law. After all, few, if anyone, think that a majority of the court will conclude that a former president is completely immune from federal criminal liability.
But the court’s decision to review the immunity case actually undermines core democratic values.
The Supreme Court often has an institutional interest in cases of presidential power. But the court’s insistence on putting its own stamp on this case — despite the widespread assumption that it will not change the application of immunity to this case and the sluggish pace chosen to hear it — means that it will have needlessly delayed legal accountability for no justifiable reason. Even if the Supreme Court eventually does affirm that no person, not even a president, is above the law and immune from criminal liability, its actions will not amount to a victory for the rule of law and may be corrosive to the democratic values for which the United States should be known.
That is because the court’s delay may have stripped citizens of the criminal justice system’s most effective mechanism for determining disputed facts: a trial before a judge and a jury, where the law and the facts can be weighed and resolved.
It is this forum — and the resolution it provides — that Mr. Trump seeks, at all costs, to avoid. It is not surprising that he loudly proclaims his innocence in the court of public opinion. What is surprising is that the nation’s highest court has interjected itself in a way that facilitates his efforts to avoid a legal reckoning.
Looking at the experience of other countries is instructive. In Brazil, the former president Jair Bolsonaro, after baselessly claiming fraud before an election, was successfully prosecuted in a court and barred from running for office for years. In France, the former president Jacques Chirac was successfully prosecuted for illegal diversion of public funds during his time as mayor of Paris. Likewise, Argentina, Italy, Japan and South Korea have relied on the courts to hold corrupt leaders to account for their misconduct.
Because the courts have been such crucial scaffolding for democracy, leaders with authoritarian impulses often seek to undermine judicial authority and defang the courts to advance their interests. As the national-security and governance writer Rachel Kleinfeld has pointed out : “democracies have been falling all over the world in recent years. The decline has largely occurred at the hands of elected leaders who use their popularity to ride roughshod over their countries’ institutions, destroying oversight by a thousand cuts.”
Consider India, Bolivia, Hungary and Venezuela, where the erosion of judicial independence of the courts has been accompanied by a rise in all-consuming power for an individual leader.
Within our constitutional system, the U.S. Supreme Court can still act effectively and quickly to preserve the judiciary’s role in a constitutional democracy. If the court is truly concerned about the rule of law and ensuring that these disputed facts are resolved in a trial, it could issue a ruling quickly after the oral argument.
It would then fall to the special counsel Jack Smith and Judge Chutkan to ensure that this case gets to a jury. Obviously, fidelity to due process and careful attention to the rights of the accused are critical. To get to a trial and avoid any further potential delay, Mr. Smith may decide to limit the government’s case to its bare essentials — what is often called the “slim to win” strategy. And Judge Chutkan has already warned Mr. Trump that his pretrial unruly statements with respect to witnesses and others may result in her moving up the start of the trial to protect the judicial process.
Before Election Day 2024, if at all possible, voters should know if the facts of a case establish that one of the candidates engaged in an elaborate election-interference scheme in 2020.
Justice Juan Merchan, who is overseeing the Manhattan criminal trial, and the New York appellate courts offer an instructive model of fair and expeditious case management. In less than a week, Justice Merchan has seated a jury, and he and many appellate judges have quickly ruled on Mr. Trump’s efforts to thwart the start of the trial.
If the Supreme Court resolves the immunity question quickly, allowing the federal election interference case to proceed, Judge Chutkan’s case management likewise will be pivotal in dealing with the intricacies of jury selection in a high-profile case and effectively distinguishing between frivolous and meritorious defense arguments that would prolong the trial timeline. These options may seem like a long shot, but they are the ones that remain.
Courts are supposed to serve as a neutral forum for the determination of facts and the adjudication of law. And, as examples in other countries illustrate, they can be a crucial bulwark for the rule of law in precarious times.
Politics and law are often seen as separate institutions, but in fact they regularly interact within our constitutional system as checks and balances — unless, as is the case here, the court takes on an overbearing role.
The Supreme Court’s review of the immunity issue delays indefinitely a jury trial of Mr. Trump’s role in obstructing the peaceful transfer of power — and therefore risks transforming our nation into a Potemkin village of democracy that bears the surface trappings of legal institutions but without actual checks on the executive branch of government.
Melissa Murray and Andrew Weissmann teach at the N.Y.U. School of Law and are co-authors of “The Trump Indictments: The Historic Charging Documents With Commentary.” They are co-hosts, respectively, of the podcasts Strict Scrutiny and Prosecuting Donald Trump .
The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips . And here’s our email: [email protected] .
Follow the New York Times Opinion section on Facebook , Instagram , TikTok , WhatsApp , X and Threads .
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Published: 02/20/2023. ORDER PAPER LIKE THIS. The Framers carefully incorporated a system of checks and balances within the government by establishing three co-equal branches of government: the Legislative, Executive, and Judicial. The power is separated between the three branches of government to avoid one particular branch from becoming ...
The court's delay may have stripped citizens of the criminal justice system's most effective mechanism for determining disputed facts: a trial.
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