Summary of the Issue
The principle of separation of powers is explicitly enshrined in the U.S. Constitution. It divides the powers of the federal state into three branches: the executive, the legislative, and the judicial, and includes a strict system of checks and balances. If one branch exceeds its power over the others or acts against the national interest, the other branches can block its actions. The framers viewed checks and balances as essential to ensure individual security and civil and political liberties under the Constitution. At the same time, congressional efforts to oversee the federal judiciary are not a threat to the balance of power because they are intended to strengthen, rather than undermine, the credibility of the branch.
Influence of the Issue on the Governmental Separation of Powers
U.S. history has seen several attempts by Congress to influence the federal judiciary. Currently, however, these efforts aim to establish a secretary-general to investigate wrongdoing (The Daily Record, 2011). Such an effort is controversial because not all sides see it as positive.
At the same time, the intentions are only to bolster the credibility of the federal judiciary (The Daily Record, 2011). This innovation can give the public confidence that there is a person responsible for interpreting the law in the country. The arguments against it are that such a bill is duplicative and has no place in the strict control system (The Daily Record, 2011). There are likewise questions about the legality of judicial activity, which requires a certain amount of control by Congress. The possible expansion of congressional power makes the question of the bill’s passage most acute.
At the same time, it isn’t easy to agree that Congress seeks to control the federal courts only. The judicial system is overburdened, while the executive branch uses inspectors general very effectively. Indeed, it is impossible to create an infallible system; however, there is always room for improvement.
A high sense of security does not currently characterize society, and the Secretary-General position can help change that. At the same time, the Secretary General’s powers, as proposed by Congress, prove that the principle of the balance of power will not be violated. The office is only an auxiliary link, not a way of directly controlling or interfering with the federal judicial system.
Reference
The Daily Record (2011). Congressional leaders push for oversight of judiciary, Gale OneFile: Business, 1-2.