US constitution and Legislation

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Institution Affiliation

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Introduction

United States democracy has evolved with time to allow the development of proper presentation of all American citizens. Democracy is practiced at state or federal level. Decisions made by public officials provide a proper nullification of democracy since they are based on the American constitution. There is a specified system on how laws provide a framework of checks and balances. In particular, American constitutional laws specify how and what should be done. The commencing research will examine in detail the U.S constitutional checks and balances. Secondly, the research will outline the process of turning a bill into law.

Constitutional Check and Balances

Constitutional check and balances are designed to protect individual rights against violation by the government. Aycock (2009, pp. 155) argues that, checks and balances rest on system separation and balancing of power. The system has been historically applied since ancient times of the Greeks civilization. Greeks provided a composed system of monarchy, democracy and aristocracy. The three organs operated independently from each other. On this hand, the American system achieves an appropriate balance system on the three arms of government. These are the legislature, the judiciary, and the executive. The legislature is divided into main houses of Congress.

The American constitution is adopted from the 18th century French philosopher Charles De Secondat, Baron de Monstequie. According to Secondat, it was important to separate powers from each other, and this enabled the development of robust policy ideologies. Secondat envisioned separation of powers as a necessity for the proper operations of the democracy. Thus, the draft envisioned the development of the balances, and this remained divided between the three arms of government. Each of the government is supposed to monitor the operations of the other. The goal is orient each arm to ensure that it meets goals and objectives of democracy (Brown, 2004, pp. 98)

The executive is mandated to carry the laws developed by the legislative power. In particular, the executive in checking the legislature can preside over special sessions of the congress. The executive also exercises the veto power and recommend legislation. The executive can also appeal through petitions. The executive also provides check and balances to the judicial. President appoints the supreme courts and federal judges.

Lindquist and Corley (2011, pp. 499) argues that, the judiciary provides its list of check and balances. The judges of the Supreme Court have security of tenure and cannot be impeached by the executive. Secondly, through the judicial review, courts can provide check and balances to the executive. Courts check the legislature by judging legislative acts as unconstitutional. For this reason, the court is entitled to validate whether motions tackled at the floor of the congress meet the required threshold of quality; that is, whether they are responsive to national problems

The legislature is the chief whip since it is given power to make laws. The legislature checks the executive by monitoring executive actions. Secondly, the congress can also remove the president through impeachment. Congress can override presidential vetoes by providing a two-thirds majority vote. The senate in particular approves executive appointments. The legislature also monitors the judiciary proactively. Firstly, the legislature creates lower courts. Secondly, the legislature has the power to remove a judge through impeachment (Lindquist and Corley, 2011, pp. 489). Thirdly, the senate approves appointments to judges.

With time, the American constitution has ratified check and balances and evolved into complex give and take branches of the government. Each check and balance provides equal presentation to the other. In summary, one will notice that the constitution ratifies that the fundamental principle improvises freedom to the people. Firstly, the constitution provides sovereignty and control to the people. The government, which has been elected by people, makes decisions jointly. Separation of power prohibits any branch from gaining too much power. The federal system allows the states’ rights in a centralized control.

Qn 2

How a bill becomes a law at the national level

A bill becomes into law at various processes. Basic elements of the process at which the bill becomes into law at the national level are processed at the congress with the executive and judiciary offering vital recommendations. The process is ratified free from horse-trading and information negotiation. Both the senate and chambers of parliament are at free will to make laws. The following description will provide the basic steps at which a bill becomes into law.

Introduction of the Bill

Any house member can introduce a proposed piece of legislation, and this is handled at the house. In chambers of parliament, the legislation is placed at the hopper or handled by the clerk. While at the senate, the presiding officer announces the introduction of the bill during the morning hours of the sitting. In both houses, the bill is assigned a bill number and labeled with the sponsor’s name. The bill is sent to the Government printing office, and copies are made for proper reading (Lindquist and Corley, 2011, pp. 474).

Committee Action

After careful reading, the bill is referred to house speaker who is presides the house. Each house has its speaker and deputy speaker. Parliament or senate representative processes referral decisions. Bills are handled either by one or multiple committees, and the speaker specifies the appropriate time of each committee sessions. Committee members are expected to carry out a vote on decisions before the bill is taken back to the floor. Subcommittee provides findings of the full committee at smaller units. A mark-up session provides possible additions or revisions geared towards improving the bill. Committee staff prepares the necessary documentation on behalf of committee members. This can be reports, which either explain the contention or favor the development of the bill.

Floor Action

Clerks of the either houses place the calendar based on how bills have been reported. House speaker and the leaders majority decide how each bill will be presided. Bills are brought to the floor based on the will of the majority leader. However, it is notable that some bills never makes it to the floor (Schulman and Zelizer, 2008, p. 1). Debating is conducted through placing of rules. The process are decided based on how much time should be specified. Amendments process are strict, and a quorum call is initiated to ensure that enough members are present to enroll the bill. Once a quorum is ratified, the voting bill is passed on. Voting exercise closes the billing process. Each floor either votes to shoot down or ratifies the bill.

Conference committee/ the president

If the bill fails, members from either of the two houses form a conference to tackle the differences. The committee, which is made up of senior members who are appointed by the presiding officer, originally deals with the bill contentious clauses. House representative seek maintain a reliable version of the bill. Both the house and senate approve the conference report. Committee reaches a compromise through a well return report, which is submitted to each chamber. If the bill is ratified, a copy is sent to the president for review. The bill can be signed into law within 10 days of close checking. If the president does not sign the bill, a veto is sent back to the house for review. However, if veto of the bill is overridden, then the bill can become into law.

References

Aycock, A. (2009). By Oath or Affirmation: Six Books About the U.S. Constitution. The

Missouri Review, 32(1), 155-166.

Brown, J. P. (2004). A Revolution in Favor of Government: Origins of the U.S. Constitution and

the Making of the American State. History: Reviews of New Books, 32(3), 98-99.

Lindquist, S. A., & Corley, P. C. (2011). The Multiple-Stage Process of Judicial Review: Facial

and As-Applied Constitutional Challenges to Legislation before the U.S. Supreme Court.

The Journal of Legal Studies, 40(2), 467-502.

Schulman, B. J., & Zelizer, J. E. (2008). Introduction: The Constitution and Public Policy in U.S.

History. Journal of Policy History, 20(01), 1.