Separation of Powers
The Framers of constitution fully kept in view the principle of “Separation of Powers” as envisaged by Montesquieu. The latter attached much importance to this theory in order to demarcate the functions of all the branches of government. He argues that public liberties suffer in case all the governmental authority is concentrated in any one branch. This principle was fully preserved by the Framers of the state constitutions as well. The Framers assigned the governmental functions to three different branches. Accordingly, the constitution lays it down that the executive powers shall belong to the President, legislative to the Congress while the Supreme Court shall be the repository of the highest judicial authority.
Checks and Balances:
The smooth functioning of a government is dependent on a closer collaboration between all of its branches. The Founding Fathers adopted a moderate path and introduced the principle of Checks and Balances.
Separate Identity:
The constitution has specified separate identity of each branch of government; and for that purpose details have been laid down. For example, President is elected by the people and is accountable to them. The Congress can remove him only by impeachment. The President appoints all his Cabinet Ministers with the approval of Senate and is authorized to remove them at his own discretion. The Ministers are neither the members of Congress nor they attend its sessions.
The Congress on the other hand has full control over federal legislation. The President can neither summon the Congress nor can prorogue or dissolve it. The Supreme Court exercises supreme judicial authority and its independence from undue interference by other two departments, has been fully ensured under the constitution. The President appoints federal judges but he can not remove them.
Areas of Cooperation:
All the three branches of government extend mutual cooperation. The President has some legislative and judicial powers. The Congress too has certain powers regarding the organization and formation of the executive and judiciary.
Legislative role of the President:
The President has also been given certain legislative powers. He can send messages to the Congress, suggesting proposals for legislation. These messages cannot be overlooked in the legislative process. He can summon extra ordinary sessions of the Congress and veto the bills passed by the Congress.
Congress and the Executive:
The Congress also shares some administrative powers with President. The Senate approves all Presidential appointments of federal officials and the treaties made with foreign governments. Being guardian of the purse of the nation, the Congress can affect the formulation of administrative and foreign policies. It can also impeach the President.
Role of the Judiciary:
The Chief executive and the Congress, both have some judicial powers as well. The President appoints federal judges with the approval of the Senate. He can also grant pardon, reprieve and clemency. Congress can affect the organization of judiciary through its control of exchequer. The Congress determines the exclusive jurisdiction of the Supreme Court and can also remove the judges through impeachment. The Supreme Court, on the other hand, can declare void such laws of the Congress and orders of the President which are found against the Constitution.
Disadvantages of Separation of Powers
1. Conflict:
Separation of Powers, as it works in America, has been criticized from various point of views. Its serious drawbacks emerge in a situation when the Presidency and the Congressional majority belong to both rival parties. Under such circumstances there is tussle between both the branches of government.
2. Division of Responsibility:
Under a parliamentary setup, as the same party controls both the branches of government; it can therefore held responsible for all governmental actions. But under American system of government based on Separation of Powers, no single branch of government can be held responsible, especially when two rival parties control these branches.
3. Ineffective Control over the Executive:
The President and his Cabinet members do not attend the sessions of the Congress; as such they remain unaware of the trends and aspirations of people’s representatives. The Ministers, being non representatives are not accountable to the people. There is a possibility that the executive may become autocratic while discharging its responsibilities.
The American political system had to pay heavily due to the rigidity in the application of the Separation of Powers during the early period. With the growth of the Constitutional Conventions, however, certain devices of parliamentary system gradually got infused into this system. At present, there exists coordination between both branches of the government, to an extent that the Framers could not even imagine.