Abstract This paper explains that the constitutional system of checks and balances has served the country well over the years, notwithstanding its original intent to avoid majoritarian power. The author points out that the amount of power wielded by one branch of the federal government compared to the others has tended to swing from one extreme to another, expanding in scope and power until brought under control by the checks and balances of the others. The paper relates that, since 9/11, the president has emerged as the temporary heavyweight champion among the three branches of government today; however, when the real and perceived threats to the nation's interests have been resolved, it would seem certain that the system of checks and balances would provide the impetus needed to once again diminish the powers of an "imperial presidency".
From the Paper "According to "Black's Law Dictionary" (1990), checks and balances are an "arrangement of government powers whereby powers of one governmental branch check or balance those of other branches." This separation of powers, of course, has been a fundamental feature of the American federal government from the outset, but the intent, purpose and net effect of this approach has not been exactly what the Founders may have envisioned. When the nation's Founders gathered to forge a constitution, Goldwin and Schambra (1980) suggest that the checks and balances provisions that were adopted were not intended to keep the forces of government under control but were rather intended to keep the popular majority from exercising any substantive degree of influence over its operation."
Tags: majoritarian, checks, balances, 9/11, control
This paper discusses the concept, history and application of ?Checks and Balances?, the system that gives constitutional controls of the separate branches of government in a way that one branch will not have more power over the others.
Abstract This paper states that, although the Federal Constitution of the United States with its ?Checks and Balances? makes it the best-known and most democratic system in the world today, most governments, even dictatorial ones, have a similar mechanism to balance the exercise of power among its branches. The author feels that the U.S. Constitution was and will be a reaction piece to events that happen to the people. This paper concludes that power must be controlled and accounted for: It is not only a right and a privilege but also, more so, a responsibility.
Table of Contents
Introduction
Checks and Balances in the Legislative Branch
The System and the People's Rights
The System and the Judiciary
A Brilliant System in Present Times
From the Paper "The system has been tested by actual situations. After the Civil War, President Andrew Johnson vetoed 20 bills (Anonymous), after which Congress overrode more than 20 bills vetoed by the President. In 1918, Congress turned down the Treaty of Versailles, which then President Woodrow Wilson worked hard for. The Treaty was to end World War I. In 1935 to 1936, Supreme Court declared that the NIRA and the AAA, New Deal programs passed by the Roosevelt Administration, were unconstitutional. Likewise, former President Ronald Regan appointed Judge Robert Bork to the Supreme Court, but his appointment or nomination was rejected by Congress."
Abstract This paper sheds light on the separation of powers and the system of checks and balances in the US system of government that regulates the powers of the executive, legislative and judicial branches. The paper also discusses the concerns that the failure by the Supreme Court or Congress to interfere with the executive's actions in the current Iraq war may be resulting in the abrogation of constitutional protections. Furthermore, the paper shows how the system of checks and balances was established to safeguard against encroachment by one branch onto another and to ensure that no member of the executive or legislative branch is placed beyond the scope of the law during the course of his or her time in office.
From the Paper "Congress fulfills the legislative role, and is the only body that can make federal laws. Moreover, Congress cannot delegate its legislative powers to any other governmental body. However, Congress can delegate some of its lesser powers to other governmental branches. In addition, Congress retains some control over the executive and judicial branches through the power of impeachment. The President fulfills the executive role, and is in charge of executive officers who ensure that the nation's laws are enforced. However, presidential power only extends to executive agencies, not quasi-judicial or legislative agencies. The executive branch exercises some control over the judiciary because it nominates judicial appointees. In addition, the executive branch exercises some control over the legislative branch because of the power of the Presidential veto. The judicial power is given to the Supreme Court and the lower courts. The judicial power is only exercised by constitutional courts; though Congress can establish legislative courts to determine issues of public rights, those courts cannot exercise judicial power."
Abstract The pressures of modern society have made achieving personal balance between work and home life increasingly difficult. This paper defines balance and shows how lack of it increases stress leading to personal problems and health risks. It also examines external and self-imposed obstacles to achieving balance and shows how well defined personal goals can be used to overcome them.
Abstract This report introduces the issues of fiscal balance in terms of problems faced by the Clinton administration and identifies alternative solutions. The paper also looks at existing literature on the subject and related issues, such as Clinton's financial advice to Japanese leaders and various interpretations of political occurrences of the time. The methodology of the report concentrates on financial data derived from existing literature, with an eye on the reduction of bias through a balanced report. Additionally, the paper analyzes data and discusses questions of how balance was achieved and provides recommendations for the future in terms of fiscal policy that can be derived from extant data.
From the Paper "The reduction of deficit and fiscal balance was particularly highlighted in the later years of the Clinton administration, but it may have had roots in the beginning of the administration in terms of the background of the policies which went into effect regarding government spending and tax revenue. When Clinton came into office, he had ideas about overhauling spending which were soon put into practice so that spending could be increased and tax cuts for the wealthy would not be a big part of the program. There was significant dissonance between this vision, which also included extensive healthcare and welfare reform, and the vision of the mostly-Republican Congress which was in office for most of Clinton's years in office, and this also adds substantially to the
background of fiscal policy. For example, Clinton's programs were more likely to be slowed down in Congress by this type of system."
Abstract A discussion of the balanced scorecard and how it benefits organizations. The paper details how the balanced scorecard works and includes examples of how it has been implemented in several companies. It details the benefits for the managers, employees, human resource department, process control, flow of information and more. The scorecard data gives the upper management level enough reasons to endorse "longer cycle time", where the human resource department could find more appropriate methods to find qualified candidate for each position. This certainly gains more productivity of the employees.
From the Paper "Balanced Scorecard is a system that combines traditional financial measures and non-financial measures to make the most of information and research result to fill the information gap between departments in an organization. The system also enables managers to design and monitor series of effective processes in the whole organization to increase the business performance. At first, there was an immediate need for a new integrated system that facilitates managers to build short and long term company progress plan. The existing system either leaned on a sole system approach on one variable or failed to incorporate feedback to the performance improvement. It triggered the development of a system that differs from the traditional measurement. Robert Kaplan and David Norton started the project in the early 1990s. "
Abstract This paper presents a case analysis of the implementation of the Human Resources Balanced Scorecard at Verizon communications. It analyzes its development, implementation and success. The paper looks at the strategic objectives of Verizon within the telecommunications industry and the HR Balanced Scoreboard as part of the company's response to the changed regulatory environment for the telecommunications industry.
Abstract An essay that describes market liberalism (otherwise known as libertarian economics) from the point of view of Al Gore. It is supposed to be part of an imaginary "new edition" of his extensive treatise on ecology and government, Earth in the Balance. It can also stand on its own as an opinion paper about environmental abuses by modern industry, and the worth of government regulation.
Abstract This paper provides a review of the Balanced Scorecard model. It considers the situation in which the system is implemented, as well as factors related to its application in organizations. The paper presents a situational analysis.
From the Paper "When the globalization of the business environment began to become a reality for most corporations in ..."
Abstract This paper discusses Morgenthau's feelings about how politicians and/or leaders must be viewed based on their decisions; Waltz's ideas on the ever changing outlook of the balance of power and Kissinger's ideas that history must be viewed in order to learn about countries and their ability to gain power.
From the Paper "David Hume said "It is a question, whether the idea of the balance of power be owing entirely to modern policy, or whether the phrase only has been invented in the later ages?" (Thompson & Morgenthau 1952, 105). Yet, as history has evolved it is evident that the theory of "balance of power" began to be constructed in ancient societies when there was a concern that one entity would become greater, or more prominent, than another. In early Greece, researchers contend, there is the first evidence of a concern for nations to achieve a balance of power within the world. Yet, this concern gained greater significance during the reign of Louis XIV in France, and developed further in Europe during WWI (Thompson & Morgenthau 1952, 105). "
Abstract This paper discusses the modern day issue of time management. According to the paper, most people struggle to create a balance between work time, other commitments and personal time. The paper then reviews the "Seven Habits of Highly Effective People" by well-known business-consultant guru Stephen Covey. The paper concludes with a look at telecommuting via the Internet.
From the Paper "The hypotheses, tested by researchers Jeffrey Hill, Alan Hawkins, Maria Ferris and Michelle Weitzman, were: "Given the same workload, those with perceived job flexibility will have less difficulty with work-life conflicts, and will be able to work longer hours before having problems with work-family balance." Both hypotheses were found true. Of those working 40 to 50 hours per week, the 46 percent who were not allowed to either change their starting or ending times, work a compressed workweek or work from home had difficulty balancing work and personal life. This compared to only 28 percent of those working the same hours with flexibility."
Abstract The Constitution of a democratic government provides for the control of powers through a system of Checks and Balances. The paper explains that this system refers to constitutional controls of the separate branches of government, i.e., executive, legislative and judicial, over one another to insure that not one will have more power over the two others. The paper shows that it is commonly believed that the policy provided by the checks and balances of the Federal Constitution of the United States makes it the best-known and most democratic system in the world today.
Paper Outline:
Checks and Balances in the Legislative Branch
The System and the People's Rights
The System and the Judiciary
A Brilliant System in Present Times
From the Paper "The system has been tested by actual situations. After the Civil War, President Andrew Johnson vetoed 20 bills (Anonymous), after which Congress overrode more than 20 bills vetoed by the President. In 1918, Congress turned down the Treaty of Versailles, which then President Woodrow Wilson worked hard for. The Treaty was to end World War I. In 1935 to 1936, Supreme Court declared that the NIRA and the AAA, New Deal programs passed by the Roosevelt Administration, were unconstitutional. Likewise, former President Ronald Regan appointed Judge Robert Bork to the Supreme Court, but his appointment or nomination was rejected by Congress."
Abstract This paper reviews the doctrines of 'separation of powers' and 'checks and balances' and explains how Article II and other parts of the Constitution provide broad powers to the executive. It also discusses the ways in which U.S. Presidents have used these powers and exploited their position to strengthen the executive branch and deny other branches of the government.
Outline:
Jeffersonian Perspective on the Concentration of Powers
How & Where are "Separation of Powers" & "Checks and Balances" Incorporated in the Constitution?
Ways in Which Article II Gives the President Wide Ranging Powers
Executive Power as Check and Balance The Power Grab by the Executive
Conclusion
From the Paper "Among the Founding Fathers, Thomas Jefferson was perhaps the most suspicious of concentration of powers and took the concept of 'separation of powers' most seriously. Even though, powers of the legislative branch (the Congress) were of most concern at the time of the framing of the Constitution, Jefferson had enough wisdom and vision to foresee that the executive had the most room for "doing mischief" in the future. Hence, he was unhappy about the lack of term limits for the president in the original US Constitution; he feared that in time, the president would become "an officer for life," more like an elected monarch rather than someone the public had temporarily placed their trust in to do good for them."
Abstract This paper explores the three branches of government that create a system of checks and balances and separation of power. It outlines how laws are passed and how they are defeated. It also shows how this system of government came to be.
From the paper:
"The separation of the functions of the three branches of government, viz. the executive, the legislative and the judiciary, is one of the basic principles of American democracy and government. The purpose of having three separate independent branches is ostensibly to keep checks and balances between them so that they do not exceed their powers and keep a watch over one another's functioning."
This paper discusses the system of "checks and balances' that the fathers of the Constitution built into the U.S. government and its relationship to present-day issues such as civil rights.
Abstract This paper explains that one of the most vital aspects the founding fathers implemented in the U.S. Constitution was that ability of each branch to check on the other branches to make sure that one branch does not become too powerful. The author points out that one of the most powerful checks, which is not implemented in the Constitution, is judicial review, which has been implemented many times to ensure that the legislative and executive branches have been within the law. The paper states that Congress was established as the major and most powerful body of the government; therefore, Congress has the most checks on the other branches such as, on the executive branch, the power to override presidential vetoes or, on the judicial branch, the power to alter the size of the Supreme Court.
From the Paper "The judiciary branch consists of a system of courts. The courts are political institutions in which the decisions that they make are only as useful as the enforcement methods following. The most known of all the courts is the Supreme Court. The Supreme Court is the superior law of the land and the ruling that are issued are enforced the most. The court chooses which cases it hears, and it hears very few cases ach year. The cases that are heard have gone through a very rigorous selection process. A request is made called the writ of certiorari, from there the "Rule of Four" follows, meaning four judges must agree to hear the case. Most cases chosen are major controversial cases in which there is a public out-cry for a ruling. "
