The authors of the American Constitution drafted it in such a manner that no group of persons or individuals could seize power and control the American government. To ensure that such a case is not possible, the government was divided into three branches, including the executive, legislative, and judicial. Each of these branches checks the powers of the others. They are intended to provide a system of balance in the government. However, there is a glaring imbalance among the main branches of government, with the executive enjoying more powers than the legislature.
The legislature has the power to check the executive by passing laws over any veto by a two-thirds vote in both houses. Article 1 of the American Constitution vests all legislative powers to both houses in the Congress (National Archives, 2018). This means that they have the power to make and pass laws. Additionally, the legislative branch of government has the authority to approve the president’s appointments and treaties. They also have powers to investigate the executive arm of the government (Greene, 1994). Section 3 of the Constitution also gives the Senate powers to remove the president through impeachment due to bribery, treason, or other crimes of a misdemeanor.
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On the other hand, the executive branch of government has the powers to veto acts of Congress in situations where the president chooses not to sign the act into law. This type of power allows the executive branch of government to have control over laws that are passed by Congress (National Archives, 2018). In the veto process, the president is given ten days to sign any bill that has been passed by Congress. A veto comes to effect when the bill is returned to Congress, where it originated from by the president with a message why it has been returned (Boushey and McGrath, 2017). However, there is a pocket veto that occurs when there is adjournment of Congress during the waiting period preventing the president from returning the bill, and the president’s refusal to sign the bill means that Congress cannot override it.
The executive wields more power than the legislative branch of government because it is overly involved in the lawmaking process, which should be the sole preserve of the legislative. A considerable amount of lawmaking powers are delegated to the president of the United States, which are often termed as interpretive, regulatory, or gap-filling (Boushey and McGrath, 2017). The president has the powers to issue an executive order as allowed by law. He can, therefore, issue such an order to bypass Congress and advance the objectives of his respective policies without following the legislative process. For example, President Ronald Reagan issued an executive order on surveillance for data collection in his war on terror policy in 2000 (Executive Orders, 2016). On the other hand, President Barack Obama also issued another on clean water for the Chesapeake Bay in his efforts to restore it (Executive Order 13508).
This example interests me because it is a clear indication of how there are glaring imbalances between the executive and the legislature in the American Constitution. It demonstrates how the executive has usurped the legislature’s powers by getting involved in the process of policymaking which is not its preserve. It, therefore, indicates that in America, the executive is more powerful than the legislature and that there are instances where its powers remain unchecked. It is also important to me because it creates the impression that the American Constitution needs to have some amendments to correct this anomaly which vests more powers on the executive as opposed to the other branches of government.
References
Boushey, G. T., & McGrath, R. J. (2017). Experts, Amateurs, and Bureaucratic Influence in the American States. Journal of Public Administration Research and Theory , 27 (1), 85–103. https://doi.org/10.1093/jopart/muw038
Executive Order 13508-- Chesapeake Bay Protection and Restoration . (2009, May 12). Whitehouse.gov. https://obamawhitehouse.archives.gov/the-press-office/executive-order-chesapeake-bay-protection-and-restoration
Executive Orders . (2016, August 15). National Archives. https://www.archives.gov/federal-register/codification/executive-order/12333.html
Greene, A. S. (1994). Checks and Balances in an Era of Presidential Lawmaking. The University of Chicago Law Review , 61 (1), 123. https://doi.org/10.2307/1600091
National Archives. (2018, September 24). The Constitution of the United States: A Transcription . National Archives. https://www.archives.gov/founding-docs/constitution-transcript
U.S. Senate: Vetoes . (n.d.). Www.senate.gov. https://www.senate.gov/reference/reference_index_subjects/Vetoes_vrd.htm#:~:text=The%20power%20of%20the%20President
