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The constitution that provides separation of powers and checks and balances is basically concerned with a political doctrine originating system. In this system, the Spirit of the Laws basically recommended for a constitutional government towards three separate branches of the government to get separation of powers and checks and balances. Additionally, there are rules that each of the three branches of the constitutional government can keep the powers to check the powers of the other branches of the government (Welch, Gruhl, Comer & Rigdon, 2009). In this concern, this idea of the constitution is called separation of powers. Further, the constitution also gives the power in order to each Legislative, Executive, and Judicial branches of the US government to keep distinct in order to prevent abuse of power.
Further, the doctrine of separation of powers that implemented to draft the Constitution is based on several principles towards the conception that each branch would perform unique and identifiable functions to suit everyone (Ginsberg, 2007). Additionally, everyone has a responsibility to create appropriate environment of the limitation also that no one person or group should be able to serve in more than one branch simultaneously. It also provides for a system of separation of powers and checks and balances to a great extent by suppression of critics’ principles for a curious intermixture of functions.
The every branch can disprove the contentions of the critics in the sense of essential precaution in favor of liberty. Therefore, the separation of power and checks and balances are based on the responsibilities also that have to perform at any cost in the favor of the constitution (Ginsberg, 2007). The legislative branch can check and balances through writing and enacting the law as well as it enacting the taxes, authorizes borrowing, and sets the budget. The Executive branch has veto laws in checks and balances. Additionally, the judicial branch basically determines the efficiency of the laws that Congress intended to apply to any given case as checks and balances.
Further, under the legislative power, the congress contains the sole power to pass some laws under the non-delegation doctrine, but it cannot delegate its lawmaking responsibilities to any other agency. The executive branch has the power to make treaties and appointments to the office, including giving the advice and consent of the Senate as well as receiving responsibility towards ambassadors and public ministers to take care the laws faithfully. Now, the judicial branch has the power to decide cases and controversies with the advice and consent of the Senate.
On the other side, the legislative branch has authority to start investigations in case of any mistakes, especially against the executive branch. Further, the executive branch has authority for the checks and balances under the constitution to make rules or declarations in case of a state of emergency and proclaims lawful regulations and executive orders as well (Welch, Gruhl, Comer & Rigdon, 2009). On the other side, the judicial branch takes right to determine the usefulness of the law that congress makes to apply to disputes. It also checks about a law that acts to determine the disposition of prisoners under the power of the constitution.
Role of the President in Setting American Foreign Policy
The role of the president in setting the American foreign policy has a most important contribution that helps to improve the power of the constitution. In the setting of the American foreign policy, the president pays a careful attention to create a system of checks and balances to ensure a better responsibility to the others. In this concern, the President in making foreign policy checks and keeps it in balance with each other (Wittkopf, Jones & Kegley, 2007). The president in setting the foreign policy reacts to actions by other countries towards negotiation as treaties and agreements. Additionally, all the treaties and agreement are ratified by Congress after taking action by the president for final consent.
Further, the president also plays an important role when setting American foreign policy in the form of proposing legislation to the Congress as the making policy statements to outline the key goals of the Administration. Moreover, the president has the power to implement foreign policy that gives the President advantage that Congress does not have (Wittkopf, Jones & Kegley, 2007). At the same time, the president has a right to interpret passed foreign-policy legislation by the Congress on his own, and can implement the policy according to his wishes.
Moreover, the creation of the foreign policy basically takes a long time as well as complicated process, so both the President and Congress work together to come in the final decision. Further, the President has the power to create a foreign policy ideally, in the best interest of the United States. Now, on the role of the President in setting the foreign policy, the congress has some authority under the constitutional function to check on presidential power (Smith, Roberts & Wielen, 2007). In the foreign policy role, only the Congress can declare war, as well as the Senate can approve all treaties and confirm the president's nominees for ambassadorial and cabinet positions under constitution rules and regulations.
Further, the congress has some additional authority also that checks the Presidential power through its appropriation and oversight functions. The Congress is responsible to provide funds for all government programs, and the operations of foreign policy. Moreover, the Congress has authority to control the power of the President in the form of reduction or increase the foreign aid or the budget for a defense project efficiently in the USA. Addition to this, the Congress can also set restrictions on the length of time that American troops are deployed during an international crisis (Smith, Roberts & Wielen, 2007). It can refuse to pay the American troops beyond a certain date to control the role of the President in the USA. Therefore, the Congress has also some special power to checks the role of the President in the foreign policy in the USA.
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