Gavin Howe
The creation and enactment of laws are complex processes that vary across different political systems. In the United States, for example, the Federal system of government divides law-making powers across three branches: the legislative, executive, and judicial branches. The legislative branch, primarily comprising the Senate and the House of Representatives, is responsible for drafting and passing bills, which become laws once approved by the President (the executive branch). The judiciary, led by the Supreme Court, interprets the Constitution and ensures that laws passed by Congress do not conflict with it, thereby maintaining a system of checks and balances. The people of the United States also have powers granted by the Constitution, such as the ability to vote for their representatives and indirectly influence the judicial branch.
| Characteristics | Values |
|---|---|
| Who can declare laws? | The Supreme Court, Congress, and the President, with the advice and consent of the Senate, can all declare laws. |
| Who plays an integral role in maintaining the rule of law? | The courts, particularly when they hear the grievances voiced by minority groups or those with minority opinions. |
| What is the role of the Supreme Court? | The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It also has the power of judicial review, ensuring each branch of government recognizes the limits of its power. |
| What is the role of Congress? | Congress can organize the Supreme Court and the lower federal court system. It also has the power to pass laws, which the Supreme Court can then interpret and strike down if they violate the Constitution. |
| What is the role of the President? | The President has the power to ratify treaties, with the advice and consent of the Senate, and to make executive acts, which the Supreme Court can declare unconstitutional. |
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What You'll Learn
The role of the Supreme Court
The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. It serves as the court of last resort for those seeking justice, and its decisions have a significant impact on society as a whole. The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but is considered the Court's best-known authority.
The Court's role in interpreting the Constitution and any laws passed by Congress is essential. If a law passed by Congress conflicts with the Constitution, the Court follows the Constitution, as stated in Federalist #78:
> " [The Constitution] ought to be preferred to the statute, the intention of the people to the intention of their agents."
The Supreme Court ensures that each branch of the government recognizes its power limits. It also protects civil rights and liberties by striking down laws that violate the Constitution. This role includes safeguarding minority groups' rights, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
The Supreme Court has appellate jurisdiction, which means it can choose to hear a case on appeal involving constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Certiorari Act of 1925 grants the Court the authority to decide whether to hear a case. Out of the more than 7,000 cases the Court is asked to review annually, it agrees to hear about 100-150.
The Judiciary Act of 1789 established the Supreme Court's original jurisdiction to issue writs of mandamus, compelling government officials to act according to the law. However, in one case, the Supreme Court noted that the Constitution did not allow it to have original jurisdiction in issuing a writ of mandamus. This decision established the Court's authority to strike down any state laws found to be in violation of the Constitution.
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Congress and the legislative process
In the United States, the legislative branch of the federal government is Congress, which is responsible for creating laws. Congress consists of two chambers: the House of Representatives and the Senate. Both chambers have equal legislative roles and functions, and a bill must be passed by both chambers in identical form before being presented to the President.
The legislative process in Congress is driven by ideas and actions from Congress itself, but the President also has some influence. The President proposes an annual budget for federal agencies and often suggests legislation. Furthermore, the President has the power to veto legislation, which can significantly impact the content of bills passed by Congress, as it is uncommon for laws to be enacted over a presidential veto.
Congressional action is typically planned and coordinated by party leaders in each chamber. The House and Senate have different ways of processing legislation due to their constitutional differences. The House's rules and practices allow a numerical majority to process legislation quickly, while Senate rules favour deliberation and provide individual Senators with procedural leverage.
Much of the policy expertise in Congress resides in standing committees, which are panels of members from both parties that lead in developing and assessing legislation. Members typically serve on a small number of committees and gain extensive knowledge in specific policy areas. Committees focus on drafting and considering legislative proposals, and once a law is enacted, Congress provides oversight of policy implementation.
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The President and treaty ratification
According to Article II, Section 2 of the United States Constitution, the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided that two-thirds of the Senators present concur." This clause vests the power to make treaties in the national government, specifically in the President with the approval of the Senate. The President, as the chief diplomat of the nation, plays a crucial role in negotiating the terms of a treaty with other nations. Once the negotiations are concluded, the President or another official from the Executive Branch signs the completed draft of the treaty.
After the treaty is signed, it is presented to the Senate for its approval or disapproval. The Senate has the responsibility to consider the treaty and either approve or reject a resolution of ratification. If the resolution passes, the ratification process continues with the formal exchange of instruments of ratification between the United States and the foreign power(s) involved in the treaty. At this stage, the President ratifies the treaty by signing an instrument of ratification and arranging for its deposit or exchange, as indicated by the treaty's terms.
It is important to note that while the President plays a central role in treaty-making, the Senate's approval is essential for the treaty to come into effect. In some cases, when the Senate leadership believes a treaty lacks sufficient support, they may choose not to vote on it, and the President may eventually withdraw it. Additionally, in recent decades, there have been instances of presidents entering into international agreements without the advice and consent of the Senate, known as "executive agreements." These agreements are still binding under international law, but they are legally distinct from treaties under U.S. law.
Once a treaty is ratified, it becomes part of the "supreme Law of the Land," as stated in the Supremacy Clause of the U.S. Constitution. Treaties are given the same status as federal statutes and are subject to judicial interpretation and review by the courts. The Supreme Court, as the highest court in the land, plays a crucial role in ensuring that treaties do not violate the Constitution and protecting the rights and liberties of citizens.
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Federal judiciary and the Constitution
The federal judiciary in the United States comprises 30,000 employees, including judges and justices. The judiciary is responsible for interpreting the Constitution and the meaning of laws passed by Congress. The Constitution establishes the federal judiciary in Article III, which states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Supreme Court, as the highest court in the land, is the final level of appeal in the federal system. It plays a crucial role in maintaining the rule of law and ensuring that each branch of government recognises its limits. The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution. The Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but is considered one of the Court's most important roles.
Federal judges and Supreme Court justices are appointed by the President with the consent of the Senate and hold their offices for life. However, they may be impeached by the House of Representatives and convicted by the Senate. The Supreme Court consists of nine justices, including one chief justice and eight associate justices. The chief justice is selected by the President and approved by Congress when a vacancy arises.
The federal court system has three main levels: district courts, circuit courts, and the Supreme Court. District courts are the trial courts, and there are 94 of them across the country. Circuit courts are the first level of appeal, and there are 13 in total. The Supreme Court is the final level of appeal and the court of last resort for those seeking justice. It has the discretion to decide whether to hear a case on appeal, and it agrees to review about 100-150 cases each year.
The federal judiciary plays a crucial role in maintaining the independence of the judicial branch, alongside the executive and legislative branches. The Constitutional Convention of 1787 emphasised the importance of an independent judiciary, and the subsequent Judiciary Act of 1789 established the Supreme Court's original jurisdiction to issue writs of mandamus. The federal judiciary ensures that the federal system of government has an internal set of checks and balances, with each branch having specific powers.
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The people's powers and checks and balances
The United States Constitution divides the government into three branches: the legislative, the executive, and the judicial. This separation of powers is a system of checks and balances designed to ensure that no one branch becomes dominant over the others.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through Federal agencies, has responsibility for the day-to-day enforcement and administration of Federal laws.
The people of the United States have powers given to them by the Constitution that allow them to have their own set of checks and balances on the branches of the Federal government. The people can bar an amendment of the Constitution by Congress if 3/4 of the states refuse to ratify the amendment. The people also have the ability to vote on their Representatives every 2 years and their Senators every 6 years. By choosing their Representatives and Senators, the people indirectly influence who is part of the Judicial branch.
The Supreme Court, as the highest court in the land, is the court of last resort for those seeking justice. Due to its power of judicial review, it plays a crucial role in ensuring that each branch of government recognizes the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution. The Supreme Court also sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.
Checks and balances are fundamental elements of constitutional democracy that prevent the unconstrained exercise of power, improve the quality of decision-making, and ensure that mechanisms exist for preventing or penalizing unethical behaviour. They are essential for maintaining public confidence in the political system.
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Frequently asked questions
The three branches of the Federal government create laws. The people of the United States have powers given to them by the Constitution that allow them to have their own set of checks and balances on the branches of the Federal government.
The Supreme Court is the highest court in the United States and plays an important role in the constitutional system of government. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution.
The President has the power to ratify treaties, but only with the authorization of the Senate. The President ratifies treaties by acting "by and with the advice and consent of the Senate."
