(Pic) Google images.. US Checks & Balances
America drafted the constitution, they ensured that there was a division of power within the government to prevent power being controlled by one individual, or special interest groups. The system of “Checks and Balances,” can be attributed back to the ancient Roman Empire. Many progressive nations adopted this system to keep power in check, and preserve and protect the rights of citizens. This mechanism of governance is designed to limit the power of a single individual or group, ensuring equal treatment under the law. This system ensures that no one is above the law leading to a harmonious interrelationship between the governors and the governed, and also ensures all institutions abide by the law, and are equally protected.
In designing a system of checks and balances, the founders ensured that there is a balance of power between the three branches of government, the Executive, the Legislative, and the Judiciary. The idea of having three branches of government is attributed to the writings of Baron Charles Montesquieu, a French professor and philosopher. His book, The Spirit of Laws, is cited as one that “was read and studied intently in America.” It is also indicated that in it, Montesquieu acknowledged the deceit and wickedness of the human heart, a testament to the behavioral traits of all dictators. The three branches of government carry out their separate functions independently with their powers limited to their respective branches. The checks and balances allow social institutions, religious organizations, corporations, and non-governmental organizations to operate and exist as independent entities. The system of checks and balances does not just regulate government and organizations, but regulates selfish behavior that is geared towards enhancing individual wealth, and prevents abuse of power. In many narratives, theorists and law makers presented how checks and balances regulate excesses and limit power. In his book AMERICA the BEAUTIFUL, Dr. Ben Carson shows the mechanisms of checks that are implemented to regulate the power of each of the branches of government. Here are a few examples;
CHECKS ON EXECUTIVE POWERS (PRESIDENT); Congress can override vetoes by the executive; Senate can refuse to confirm appointments or ratify treaties; Congress can impeach or remove the president; Congress can declare war; and the Supreme Court can declare execute acts unconstitutional.
CHECKS ON LEGISLATIVE POWERS (CONGRESS); President veto federal bills; Supreme Court can rule laws unconstitutional; Both houses of Congress must vote to pass laws, checking power within the legislature.
CHECKS ON JUDICIAL POWERS (SUPREME COURT AND JUDGES); Congress can propose constitutional amendments to overturn judicial decisions. (These require 2/3 majority in both houses, and ratification by3/4 of the states; Congress can impeach and remove federal judges; The president appoints judges, but are confirmed by the Senate. Some of us living in America and other functioning democracies can attest to the application of the checks and balances on social and legal issues. Even though the outcome of the decisions is unfavorable to a group, it affirms that the mechanism works or is in action.
As outlined by Dr. Ben Carson, experience also teaches us that the branch that is likely to be too powerful and act “King-like,” is the executive, which is checked by the other two branches. The power of the other two branches, the judiciary and legislature, will not be minimized, nullified, and cannot be marginalized by the executive. In an effective checks and balances system, the representatives remain connected to their communities and serve their needs, and subjected to being replaced if they do not meet the expectations of the people. Checks and balances support a representative government since all positions are temporary, based on term limits. The embrace of this temporary concept makes the representatives mindful and dutiful.
The Importance of the checks and balances cannot be underestimated. One of its primary function is to check the absolute power of one individual. It also advocates for vigilance to ensure power is watched and monitored to prevent abuse of power, and ensure the protection of rights. Where it is in existence, authoritarianism and tyranny will not occur. In a system of checks and balances, selfishness that leads to amassing of wealth and abuse of power by one individual is prevented. It is a system that favors all social institutions. History and our own experience of dealing with a dictator tells us how one person will use power to gain excesses, and infringe upon the rights of citizens. The common saying that “power corrupts and absolute power corrupts absolutely,” is confirmed to be true with Yaya Jammeh’s dealings with Gambians and the country’s meager resources. In societies where citizens remain uninterested and non-involved, governments and special interest groups have taken advantage of the situation, keeping people in bondage and robbing them of their resources.
It is evident that when CHECKS are OUT OF BALANCE, tyranny ensues. Greed leading to craving for excesses at the expense of others, causes individuals to seek power, and use it as a weapon of repression against citizens. Yaya Jammeh is known for blatantly violating rights and defying the demands of the international governing bodies. The international community has a humanitarian responsibility of providing checks by changing their stance from condemnation to action to prevent human rights abuses. The House of representative in the Gambia does not help in providing checks either. The members gradually detach from the communities and the ideals that they swore to pursue and defend. When they get a taste of power and special privileges, their duties and moral obligation to the people become a lesser priority. They give in to intimidation or assimilate into the oppressive culture. Their obligation of conveying and defending the interests of the people becomes a failure. Religious groups and other institutions have been known to provide checks where society seem to go astray. The involvement of religious leaders and viable institutions, and their ability to intervene as needed in places like Senegal and elsewhere is a confirmation to the previous statement. This was also prevalent during the first republic, which can all be credited to tolerant leadership and a vibrant society.
In progressive and democratic societies, the checks on the abuse of power is also credited to the laws that are enacted to balance power. The preservation of a democratic society cannot be possible without the active participation of the citizens. If they value their rights, they will refuse to idly sit by and allow it to taken away. This is the identity of a functioning democracy, a system in which power truly rest in the hands of the people. It takes a conscious decision and effort for the people to make this principle a reality. Democracy and the enjoyment of rights require the full participation of all citizens, who accept the challenge that the privileges that citizens enjoy entail responsibilities. This is what got America and other progressive nations where they are today, the refusal of the citizens to be herded as sheep. The work of Anderson Gordon, L. (Philosophy of the United States: Life, Liberty and the Pursuit of Happiness) extensively outlines the importance of checks and balances in ensuring liberties. Creating an educated citizenry would be key to this, a citizenry that are well informed of their rights. An educated citizenry is enlightened about who leads them, and ensure that their leaders are safeguards of the checks and balances. CHECKS AND BALANCES prevents abuse of power, calls for a representative government, and therefore prevents tyranny. A mechanism that is so beneficial and advocates for equality is worth fighting and dying for. We will achieve our objective if we embrace the challenges as a collective responsibility. Optimism and the goodwill always triumph over pessimism. A society that emerged from a horrible past always set the defense mechanisms to avoid repeat. We all have a responsibility to liberate our country and save it for the future generation. The future generation will provide the required checks and balances to avoid tyranny, and ensure there is rule of law.
By Ebrima Manneh