American Government and Politics

The members of the 1787 constitutional convention did not put a great priority on delegating jurisdiction to the executive branch of government. However, the president's powers have shifted significantly over the last two decades, and this role has grown to become the focal point of government affairs. The administration of the United States currently controls American politics and the rest of the world in general. As the highest and most influential office on the earth, the president is granted ultimate authority by the constitution to discharge his or her duties to the people without prejudice or favor. As the head of the executive and the entire activities of the state, the president is expected to be responsible for matters concerning the legislature, the judiciary, and the federal government.

The Legislative Powers of the President

Although the constitution has stated that "all legislative powers" are vested in Congress, the president acts as a chief formulator of all the policies regarding the public. Therefore, this qualifies him/her to have the central role in the legislature. The president has been given authority to veto any bill that has been drafted and passed by the Congress. However, the decision can only be overridden by the Congress if two-thirds of each chamber is not satisfied with the move. For this reason, the head of the state can ascend or reject any bill brought before him/her from the Congress into law. Most of the rules that the Congress is dealing with are drafted at the call of the executive branch which is under the direct control of the president. The president can propose specific legislation to the Congress through the special message which is conveyed annually. In case the Congress adjourns without acting on the proposed regulations, the constitution has provided the president with authority to summon a special session and discuss the legislation.

The Judicial Powers

The appointment of important public figures is the sole responsibility of the president as mandated by the constitution. Moreover, the head of the state of the U.S has been bestowed power to nominate federal judges and other members of the Supreme Court. However, the appointment is subject to confirmation by the Senate. Also, he/she has the power to grant either conditional or full pardon to any individual found guilty of breaking the federal laws of the government except for the case of an impeachment which is beyond his/her authority.

The Executive Powers

Being the commander-in-chief of the armed units of the U.S, the president has the capability of calling the federal service into the state units of the National Guard. In situations of national emergency, the Congress through the constitution may give the head of the state broader powers to have control over the national economy and offer the needed security of the country. Moreover, the president can choose individuals to lead all the executive departments and branches together with other federal officers.

Powers in Foreign Affairs

The constitution holds the president accountable for matters related to foreign countries. In this regard, the head of the state has the authority to appoint ministers, consuls, and ambassadors who are subject to approval by the Senate.

How and Why the Power of the Executive has grown

The founders of the executive branch did not envision the modern extent to which the presidency would rise and grow to become one of the strongest arms of the government. The founders idealized much of the powers to be concentrated on the Congress rather than on the presidency. The first three presidents largely contributed to the development of this position through their good personalities. In 1803, Thomas Jefferson initiated the Louisiana Purchase although he didn't have the constitutional mandate to do so. Later after his reign, Andrew Jackson followed the same suit by making intense veto and asserting the national power by rejecting the South Carolina nullification of central tariff legislation.

Soon after the ruling of President Lincoln, several other presidents came to power but did not make much progress in expanding the capabilities of the president until W. Wilson and T. Roosevelt came to power (Dirck 14). The two leaders later came to be referred as the "progressive presidents" as they used their office to startup numerous social changes and expanding the role of the presidency in international affairs. Soon after the reign of Wilson, Congress took control over the executive position. However, the move did not last since the great depression made the citizens rethink on the need to have much power invested in the federal government to have much control of the state's economy. Hence, for this reason, Roosevelt got an opportunity to assert greater authority. The first and the Second World War further strengthen the presidency with most people seeing the need for the executive’s intervention. Since, then, the powers of the president have since been growing.

Although the Congress has the mandate to control some of the powers of the president, as seen from current and previous events, a minimal emphasis has been made on managing the activities of the executive. For example, after the terrorist attack that took place on 11th September 2001, the department of justice published a memo stating that after reviewing the nature of the attack, only the president alone had the power to make decisions regarding the amount of force to be applied, which indeed was unconstitutional. For this reason, Congress has been encouraging a strike of imbalance in the powers invested to the president by the constitution (Kakutani 10).

Basic Design of the Federal Court System

The federal court system existing today in the U.S is not the same as the model designed by the original framers. Time has caught up with the system and has since undergone some transformation despite the constitution stating that all the judicial power of the country would stay in one “supreme court." However, the constitution gave power to Congress so that it would create other levels of the Supreme Court but would be “inferior” to it. For this reason, it implies that the Congress can eliminate or create other federal courts. Hence, the court system in the U.S is still evolving as the needs of the people increase.

There are three levels of federal courts in the U.S which are categorized into district, the appeals, and the U.S Highest Court. The district courts are the pilot courts of the national system, and it is the location where complaints are tried, federal juries serve, and witnesses testify against or for a particular individual. In total, the U.S has ninety-four federal district courts and is headed by the magistrate judges. The second level of the national system is the court of appeals which is consisted of twelve regional “circuit courts" and 1 "federal circuit" which were primarily created to offload the number of cases from the Supreme Court. Moreover, these branches also hear cases that are appealed from the district courts. The last and the highest level of jurisdiction in the federal system is the U.S Supreme Court which is located in the capital of the country (Frankfurter & James 31). It is the highest and the only court named in the U.S constitution where all matters referred from the district and the court of appeal is heard.

Courts as Policy Making Institutions

The fact that the courts are always called upon to review and select the alternative policies when there is a disagreement in the society and the government or the public is not sure of the consequences that might occur due to their various choice makes them be inevitably be referred to as a "policy-making institutions." Moreover, the judicial systems are independent which means that a court can make a final decision regarding a particular policy or introduce a regulation that should be followed by the public without being questioned by other arms of the government or organizations.

How the Power of the Courts has Been Limited

Although the judiciary controls almost all the policies being introduced through the three levels of the federal courts, its powers are restricted to some extent. The Supreme Court which is the highest court in the country is far from being independently all-powerful. The executive that is under the control of the presidency is responsible for the nomination of justices to serve in the courts. Moreover, the Senate confirms the validity of the nominees before they are allowed to serve in the courts. Also, Congress has been bestowed great power over the other lower courts in the federal system which implies that it can abolish them if it wishes.

Checks on the Judiciary

There have been several checks on the judicial system of the U.S government for quite some time. Reviewing how such institutions functions ensures that all the branches of the government are separated from each other which in return ensures that there is no particular office that has total control over the other regarding the functions of the state. In this regard, when one branch abuses its privileges and powers, it ensures that the entire system of the government does not fall. First, the judges cannot make any law but instead can only pronounce on the cases brought before them for hearing. Second, the magistrates can only interpret the laws, constitution, and treaties to the public. If majority member of the society feel that the constitution is wrong, it can be amended through a referendum. Moreover, judges can be impeached by the Congress if suspected of making a judgment based on personal opinions.







Works Cited

Dirck, Brian R. Lincoln, and the Constitution. Carbondale: Southern Illinois UP, 2012. Print.

Frankfurter, Felix, and James M. Landis. The Business of the Supreme Court: A Study in the Federal Judicial System. New York: Routledge, 2017. Print.

Kakutani, M. "Unchecked and Unbalanced." The New York Times [New York] 6 July 2007: 9-11. Print.