Essay Title: 

American Government

March 24, 2016 | Author: | Posted in american history, history

American Government

October 6 , 2006


Variation along with their underlying causes and its consequences is what best describe the present relations of American Executive and Legislative branches . Their relationships were both mired by conflict as well as cooperation resulting to liabilities and benefits . To some conflicts are beneficial and necessary because it limits and control governance and to others , conflicts would result to major public policy deadlock resulting to an ineffective government . The separation of powers is a constitutional mechanism provided by the framers of the federal constitution [banner_entry_middle]

which aims to provide a check and balance ‘ to powers reposed upon the executive and the legislative branches of the federal government and provide equilibrium . Be that as it may , the dynamic democratic practices of the evolution of the American Government had resulted to tensions and feelings of distrust between the two branches

This will examine the Executive-Legislative Branch relations in the areas of Express Procedures : The Bicameralism and Presentment Requirements and the Appointments Clause and the Anti-Aggrandizement Principle ‘ embedded in the Constitution

The Constitutional Principle : Separation of Powers

In a well written treatise of Alan Meese and Walter Oellinger of Duke University , School of Law , entitled Appendix : The Constitutional Separation of Powers Between the President and Congress ‘ examined the relationship between the executive and legislative branches of the federal government and its political interactions within the [constitutional] framework ‘ Meese and Oellinger citing James Madison ‘s Federalist No 48 revealed that the Constitutional framers are convinced that governments ‘ power is of encroaching nature and that it ought to be effectually restrained from passing the limits assigned to it

The solution is for the founders via the Constitution to create a three distinct branches of government–Congress , the President [the executive] , and the federal judiciary–and assigns to them differing roles in the exercise of [their] powers . The resulting division of governmental authority is not a mere set of housekeeping rules indicating which branch presumptively performs which functions it is rather , a fundamental means by which the Constitution attempts to ensure free , responsible , and democratic government ‘ For Meese and Oellinger , even if the Constitution was designed to prevent possible danger to liberty [for] each of the branches ‘ the founders were concerned with the improvident or overreaching power of Congress (Legislative Branch ) at the expense of the other departments most especially the executive department and the judiciary . They also add regarding the founders ‘ profound conviction . that the powers conferred on Congress were the powers to be most carefully circumscribed ” and they recognized the particular ‘propensity ‘ of the legislative branch ‘to invade the rights of the Executive ‘ The remedies are found on the different constitutional provisions affecting separation of powers (514

Finally , the Constitution did not envision a three branches but it aimed at an integrated dispersion of their powers to have a workable government . For what was really envisioned was for the three branches to be separate but interdependence , autonomy but reciprocity (Meese and Oellinger , 514

Express Procedures : The Bicameralism and Presentment

Requirements… [banner_entry_footer]

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