Law Essay Example: Responsibilities of the Texas State Legislature

Introduction:

The Office of Legislative Legal Services has responsibility for implementing the statutory provisions for legislative review of administrative rules and regulations. Every rule adopted or amended by an executive agency is first reviewed by an Office of Legislative Legal Services attorney or legislative assistant to determine if the rule is within the power delegated to the agency and consistent with law. If the staff determines there is a problem with a rule, the rule is then reviewed by the Committee on Legal Services at a public hearing. By statute, all rules adopted or amended during any one-year period that begins November 1 and ends the following October 31 expire on the May 15th that follows such one-year period unless the General Assembly adopts a bill that postpones their expiration.

Many Americans confuse Separation of Powers and Checks and Balances or mistakenly think they are the same thing. But while they are closely related, they are not the same. Separation of Powers is the division of political power into the separate branches of government, legislative, executive and judicial so that each is independent of each of the other branches. Checks and Balances is the giving of each of those branches some power to act as a check on the actions of each of the others, constraining the independence of each to some degree.

Thesis:

Making a law is like going to the dentist, it is necessary but painful, just like the dentist, the lawmaking process is not easy. This will discuss the checks and balances in the United States government.

U.S Congress:

The United States Congress is the bicameral structure legislature of the federal government that are made of a division consist of the House of Representatives and the Senate. Senates are smaller which only have a seat of 100; serving a term of six years. Also known as "upper house." House of Representatives has elected officials of 435, is the most representative body in the federal government House seats are apportioned relative to each state's population; known as the "lower house."

Elected representative candidates from each branch have the control and responsibility for recommending or support the interests of the constituents as they presented. From deliberations and conference, the Congress makes laws that influence the daily living life of the citizen. Through the process of the legislature, the law is making and conducts of investigation or passed out to benefit the community and the nation; this serves the voice of the people. The Congressman has the power over financial matters such as budgetary through the authoritative from taxes, funds, imposts, and excise. This is performed to help pay the debts and provide the general welfare of the people of United States.

United States Congress must make laws, investigate on passed outlaws. It shares power with the president and the Supreme Court. The three central powers of Congress are Expressed powers, enumerated powers, and Powers of the Constitution expulsed grants and fund to Congress including the authority power to declare war. Congress also has the power to override president's veto by two-thirds of votes in each house; it becomes law without the president's signature. Although if the bill miscarries to become law unless it is shown to the president, and then the president has the option to choose to sign it.

U.S. House of Representative and U.S. Senate

House of Representative:

The HOR comprises of 435 members. These members are mandated to perform specific crucial roles. This house is thrilled with adopting new laws that are used to govern the America. The origin of these laws is from bills that cometh from house committee. Secondly, this house is also charged to intervene during elections of a president. They are called upon to intervene if there is a tie in the Electoral College. This necessitates the House of Representatives to involve themselves into voting and deciding the real winner of that particular election. Finally, the House of Representative is bestowed with the power to impeach any federal official. They are the one who is entitled first to vote to approve the articles of impeachment of a federal official (Cox and Mathew).

US Senate:

The Senate of the United States is bestowed by (Article II, section 2) of the Constitution under the advice and consent provisions the following important powers. The Senate has the power to ratify a treaty given that they have a two-thirds majority of all senators present. Secondly, the senate is entitled to approve by simple majority public appointments that include cabinet members, Supreme Court judges and ambassadors. Thirdly, the Senate has the sole responsibility to conduct impeachment trials. The trials of the senate are regarded highly, serving both as a judge and jury. Finally, the Senate has power to choose the Vice President if the no candidate receives from the electors majority votes that will propel him to be Vice President. The Senators choose one of the top recipients for office (Moore, Michael and Sue, 959-970).

Executive (President):

The executive branch carries out and enforces laws. It includes the president, the vice president, and the cabinet. The power of the executive branch is in the hands of the president of the United States, who also acts as the head of states and commander in chief of the armed forces. The president is responsible for implementing and enforcing the laws written by Congress and then appoints the heads of the federal agencies, including the cabinet. Also, he is responsible for the executive enforcement and execution of the laws created by Congress.

The cabinet and the federal agencies are also responsible for the day to day enforcement and administration of federal laws. "The president has the power either to sign the legislation into law or veto bills enacted by Congress, although Congress may override a veto with a two-thirds vote of both houses." (White House Gov). The executive branch conducts diplomacy with other nations, and the president has the power to negotiate and sign treaties, which must be ratified by two-thirds of the Senate. The president can also issue executive orders, which direct executive officers or clarify existing laws. "The president also appoints the heads of more than 50 independent federal commissions, such as Federal Reserve Board, or the Securities of Exchange Commission, as well as federal judges, ambassadors, and other federal offices." (White House Gov).

The vice president supports the president. If the president is unable to serve, the vice president becomes president. The vice president can be elected and serve as an unlimited number of Four-year terms vice president, even under a different president. The vice president's responsibility is to be ready at any moment to assume the presidency if the president is unable to perform his duties. This can be of the president's death, or resignation, or if the vice president and the majority of the cabinet judge that the president is no longer able to discharge of the president. He also serves as the president of the United States Senate where he casts the deciding vote in case of a tie. In the other hand, we have the cabinet in the executive branch. The cabinet plays an important role in the presidential line of succession. The cabinet members serve as advisors to the president; they include the vice president and the heads of executive departments. "Cabinet members are nominated by the president and must be approved by the Senate with at least 51 votes." (USA gov).

Judiciary:

Interprets and applies the laws helps decide between Congressman and President who is right, the division authorities of a nation. Also known as the court system. The structure for the resolution of conflict. A democracy government doesn't give main powers to a single person, to prevent dictatorship; the mechanism of the system are separated to have checks and balances. The judicial branch is in charge of deciding the meanings of laws, how to apply them to real situations, and whether a law breaks the rules of the constitution. The constitution is the highest law of our nation. The U.S. Supreme Court, the highest court in the United States, is part of the judicial branch. "The Supreme Court is made up of 9 Judges called Justices who are nominated by the president and confirmed by the Senate." (Government Publishing). The justices hear the cases that have made their way up to the court system. The main task of the Supreme Court is to decide cases that may differ from the U.S. Constitution. Once the Supreme Court makes the decision the in the case, it can only be changed by a later Supreme Court decision or by changing or amending the constitution. Baron de Montesquieu believed that all things were made up of rules or laws the never changed. He set out to study these scientifically with the hope that knowledge of the laws of government would reduce the problems of society and improve the human life. He believed that the government that was elected by people was the best form of government. He called the idea of dividing government power into three branches the "separation of powers." Montesquieu thought it was most important to create separate branches of government with equal but different powers. That way, the government would avoid placing too much too much power with one individual or group individuals. "According to Montesquieu, each branch of government could limit the power of the other two branches. Therefore, no branch of the government could threaten the freedom of the people. His ideas about separation of powers became the basis for the United States Constitution." (rjgeib)

Conclusion:

All in all, making a law is like going to the dentist, it is necessary but painful, just like the dentist, the lawmaking process is not easy. Thus, this paper has been of the essence since it has brought to the limelight the checks and balances of any regime that is in power. Therefore, the legislative Legal Service office is mandated to implement all statutory provisions for any legislative review of administrative regulations. Every rule being amended or adopted is reviewed first by the office of legislative, legal service to ascertain if its validity and consistency with the law. It is also clear that separation of power does exist. That this separation of power is a political division of power and its branches from the legislative bodies, judicial and executive. All these arms of the government are independent of one another. Thus, checks and Balances is the giving of each of those branches some power to act as a check on the actions of each of the others, constraining the independence of each to some degree.

Works cited

Cox, Gary W., and Mathew D. McCubbins. Setting the agenda: Responsible party government in the US House of Representatives. Cambridge University Press, 2005.

Moore, Michael K., and Sue Thomas. "Explaining legislative success in the US Senate: The role of the majority and minority parties." Western Political Quarterly 44.4 (1991): 959-970.

Watch HouseLive. United States House of Representatives, www.house.gov/.