The division of the US federal government into three branches is a practice designed to balance the decision-making system at the national level and distribute powers in accordance with the functions performed. The legislative, executive, and judicial branches coexist successfully to ensure the sustainability of both the national government and the individual state authorities. As a result, the governing bodies cannot carry out uncontrolled work, which is the background for a democratic society. However, given the potential of the possibilities, of the three aforementioned branches, the executive one has the most power in the modern era.
One of the main reasons why the executive branch is more powerful is the decision-making flexibility that the other two branches cannot afford. According to Laidler (2019), the President has the ability to act more freely, in contrast to the judiciary and legislative branches, which are subject to strict regulations and conduct entirely public activities. One of the examples is the work of the presidential administration during the COVID-19 pandemic, when, in the context of ever-changing sanitary conditions, the powers of the President allow for the issuance of urgent decrees and the imposition of necessary restrictions. Congress cannot act at the same speed, which limits the capacity of its members.
Another argument in favor of greater executive power is the coordination of foreign policy. Blanc and Weiss (2019) consider the example of US sanctions against Russia and note that the presidential administration is responsible for the measures taken to weaken the economy of the eastern rival. In relation to modern realities, the situation is similar; Joe Biden retains the status of the first person of the state and either approves or rejects the proposals of Congress to introduce sanctions measures against Russia, the country pursuing an aggressive foreign policy toward Ukraine. Any decisions related to the supply of weapons, humanitarian aid, and other activities are considered by the legislative branch, but it is in the power of the President to make adjustments to these plans. This confirms the more powerful potential of the US executive branch.
Finally, the substantial opportunities of the executive authority in the judiciary sphere are further evidence that the former branch is the most powerful. The appointment of judges, even with the approval of the Senate, is the prerogative of the President. As Resh et al. (2021) argue, the executive branch has the power to change quorum requirements, change the number of state representatives, and coordinate decisions made by the Supreme Court. Any checks must be carried out with the permission of the country’s first person. Resh et al. (2021) give an example of the recent appointment of a new head of the Internal Revenue Service and note that, despite the fact that such a position involves a serious assessment of the candidate’s professional background, including by the responsible judiciary, the decision was made personally by the President. Thus, even in the judiciary, the executive branch has ample opportunities.
When analyzing the current situation, one can say that the executive branch should hardly take a leading role in the modern federal system. The basis of a democratic society is a set of views and decisions taken by authorized persons. The will of one person may be subjective and sometimes incorrect, which, in turn, may entail political, economic, social, and other difficulties. Therefore, giving more power to the legislative branch would be a smarter decision from the perspective of reducing potential bias and following the principles of democratic decision-making.
References
Blanc, J., & Weiss, A. S. (2019). US sanctions on Russia: Congress should go back to fundamentals. Carnegie Endowment for International Peace. Web.
Laidler, P. (2019). How Republicans and Democrats strengthen secret surveillance in the United States.Political Preferences, (25), 5-20. Web.
Resh, W. G., Hollibaugh, G. E., Roberts, P. S., & Dull, M. M. (2021). Appointee vacancies in US executive branch agencies.Journal of Public Policy, 41(4), 653-676. Web.