...separation of powers hinders effective government in the United States’. Discuss The ‘separation of powers’ is a theory – adopted from Montesquieu in 1748 – where political power is distributed over the 3 branches of government. This was put in place to create a limited government which would essentially help to avoid tyranny and protect the liberty of citizens. Neustradt stated that it was the institutions that are separate and not the powers. If the branches were totally separate, power would be difficult to exercise especially with the use of checks and balances. Instead there is a separation of personnel, where not one member of one branch can work within another branch. So all in all, the US government created a doctrine of ‘shared powers’, where checks and balances are needed. Madison agreed with this, and said: ‘you must first enable the government to control the governed, and in the next place oblige it to control itself’. Some of the checks and balances include: the president checking congress by presidential veto; the presidential veto is checked by congressional override; the supreme court uses judicial review to decide whether legislation or actions are unconstitutional; presidential appointments are confirmed, and treaties ratified by the Senate; and finally the president is the Commander in Chief of the armed forces, but only congress can declare war. Checks and balances are needed alongside the separation of powers. Checks and balances are essential for...
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...There are no effective checks on Presidential power. Discuss There are a number of ways the President has got a number of powers that make the executive more powerful than Congress and the Judiciary. Through the President’s power to announce legislation, appoint federal jobs, be Commander in Chief, negotiate treaties and veto legislation; hold the Executive as a more powerful body than the other two. However, there are a number of checks and balances that the Legislature and the Judiciary hold over the Executive that limit the President’s power. The extent of the limitations on the President’s power will be examined in this essay. The President’s ability to announce legislation during his annual State of Union address gives the President an opportunity to highlight the legislative agenda that he wants to get passed in the forthcoming year. This is an important power to the President because if Congress adjourns without acting on his proposals, the President has the power to call Congress into a unique session at his discretion. Also, the President can force adjournment in Congress if both houses cannot agree on a piece of legislation, therefore the president has a deciding vote in theory over some legislation. The President, as he is a powerful influence on public opinion he is a powerful influence over Congress. However, the President does not sit within the Legislature and therefore does not have the power to propose direct legislation. Congress can also adjourn his ‘emergency...
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...The separation of powers hinders effective government in the USA. Discuss. (30 marks) The ‘separation of powers’ is a theory where political power is distributed over the 3 branches of government. This was put in place to create a limited government which would essentially help to avoid tyranny and protect the liberty of citizens. Some of the checks and balances include: the president checking congress by presidential veto; the presidential veto is checked by congressional override; the supreme court uses judicial review to decide whether legislation or actions are unconstitutional; presidential appointments are confirmed, and treaties ratified by the Senate; and finally the president is the Commander in Chief of the armed forces, but only congress can declare war. Checks and balances are needed alongside the separation of powers. Checks and balances are essential for the scrutiny of the three branches of government, however they come with some disadvantages. One reason as to why the separation of powers hinders effective government in the USA is because there is often a divided house within government which subsequently results in gridlock when passing legislation or when each branch exercises their powers. It is not uncommon that the majority party in congress is the opposite of the party that the President belongs to. This usually means that the legislative and executive have contrasting views. Most recent presidents have accused the Senate of either rejecting or blocking...
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...well as a system of checks and balances for those powers so that no one branch of government becomes more powerful than another. The three branches of our government are: Executive, Legislative, and Judicial. To ensure the government is effective in its role and the United States citizens’ rights are protected, each branch has its own powers, each branch is also responsible for working with the other branches cohesively. The first of three branches that make up our government is the legislative branch. This is made up of the House of Representatives and Senate, known collectively as Congress. The legislative branch makes all laws, declares war, regulates interstate and foreign commerce and controls taxing and spending policies (house.gov, 2014). This branch has various organizations such as Architect of the Capitol and Library of Congress (house.gov, 2014). The legislative branch is responsible for the following checks over the executive branch: overriding presidential vetoes with a two-thirds majority vote, funding executive actions, removing the president through impeachment, Senate approves treaties and presidential appointments (Kelly, 2014). The legislative branch is also responsible for certain checks over the judicial branch such as creating lower courts, has the power to impeach judges, and Senate’s approval of appointment of judges (Kelly, 2014). The second branch is the executive branch. The executive branch consists of the president, his or her advisors...
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...the future. The president wants to be aware of any new regulations required of his company if they go public, so he met with a colleague of yours at a local restaurant. The president of the company explained the current system of internal controls to your colleague. Your colleague has since been promoted to a tax position so she has passed on the information below so you can generate recommendations for the partner at your accounting firm to share with the president of LJB Company. Since LJB Company is a relatively lean organization, they have a lot of faith in their long-term employees. They have one accountant who serves as treasurer and controller, which streamlines many of their processes. In this dual role, he purchases all of the supplies and pays for these purchases. He also receives the checks and completes the monthly bank reconciliation. The accountant is so busy that the company handles petty cash a bit differently. All employees have access to the petty cash in a desk drawer and are asked to only place a note if they use any of the cash. The accountant has recently started using pre-numbered invoices and wants to buy an indelible ink machine to print their checks. The president is waiting to hear from you if this is a necessary purchase before authorizing. On payday, the checks are picked up by the accountant and left in his office for pick-up. Before he leaves for the weekend, he will move the checks into a safe in his office. The president is still quite...
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...and bad issues arise regarding their internal controls. Nevertheless, LBJ Company needs to be recognized for what they are doing right, but must also need to address matters that are harmfully affecting them and their business and will remain to damagingly impact them if they choose to go public, which will negatively drive down the cost of their shares etc. This case study will examine these matters and make recommendations for what LBJ Company can do to strengthen their internal controls. I. Internal Controls Requirements Inform the President of any new internal control requirements if the company decides to go public. Internal controls are mechanisms, policies and procedures used to decrease and control operational risk. In order to prevent employees from committing a fraudulent or deceitful act, controls must be comprehensive and complete. Still, internal controls by themselves are not sufficient. They will only be effective if they are strengthened by culture, policies and procedures, information systems, training and supervision of staff. The principal objectives of internal controls are: • They assist to offer consistent data by making sure...
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...Analysis Senior Faculty: Anita Wibbert Keller Graduate Rajesh Mahbubani Week 5: Assignment Sunday, December 1, 2013 1. Inform the President of any new internal control requirements if the company decides to go public. (7 points) Instituting a system of internal checks and balances would be foremost in my recommendations to the company president since most internal control systems provide for independent internal verification; this principle involves the review of data prepared by employees. To obtain maximum benefit from independent internal verification: * Companies should verify records periodically or on a surprise basis. * An employee who is independent of the personnel responsible for the information should make the verification. The company should also look at incorporating a Voucher Control System. Most medium and large companies use vouchers as part of their internal control over cash disbursements. A voucher system is a network of approvals by authorized individuals, acting independently, to ensure that all disbursements by check are proper. When looking to hire new employees, it is vital that the company utilize the extensive resources on the web in providing for complete background investigations. A lot of wasted time and energy could be recouped using effective human resource controls. Effective web access controls could likewise prevent embarrassing behavior and lost company time on the part of current employees (i.e. downloading porn...
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...its customers and works to minimize waste by focusing all of its resources on producing the best possible value for customers, and being a lean organization, their investments are carefully considered and only made when it is clear that a long-term financial advantage exists in doing so. In going public, the President wants their organization's mission to remain in clear focus and wants to know the impact of any new regulations required for the company if they go public. With the promotion of the staff that is responsible for working on this evaluation at Lexary Accountants, Inc., I have been assigned to generate recommendations for my partner to share with the President of LJB Company. Lexary Accountant, Inc.’s Facts and Findings The organization has one accountant who serves as Treasurer and Controller who is also in charge of purchasing and paying for supplies. He receives checks, completes the monthly bank reconciliation, uses pre-numbered invoices and wants to buy an indelible ink machine to print checks. In addition to these responsibilities, he is responsible for picking up paychecks and safeguarding paychecks in a safe in his office. Both him and the President interviews and approves all new hires. Petty cash is easily available to all employees, and only need to place a note when there is a need for cash. An employee who was fired for viewing pornography on the company’s computer was found to be a convicted felon who served time for molesting children. Lexary...
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...the future. The president wants to be aware of any new regulations required of his company if they go public, so he met with a colleague of yours at a local restaurant. The president of the company explained the current system of internal controls to your colleague. Your colleague has since been promoted to a tax position so she has passed on the information below so you can generate recommendations for the partner at your accounting firm to share with the president of LJB Company. Since LJB Company is a relatively lean organization, they have a lot of faith in their long-term employees. They have one accountant who serves as treasurer and controller, which streamlines many of their processes. In this dual role, he purchases all of the supplies and pays for these purchases. He also receives the checks and completes the monthly bank reconciliation. The accountant is so busy that the company handles petty cash a bit differently. All employees have access to the petty cash in a desk drawer and are asked to only place a note if they use any of the cash. The accountant has recently started using pre-numbered invoices and wants to buy an indelible ink machine to print their checks. The president is waiting to hear from you if this is a necessary purchase before authorizing. On payday, the checks are picked up by the accountant and left in his office for pick-up. Before he leaves for the weekend, he will move the checks into a safe in his office. The president is still quite...
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...politicisation of the process by the President. Despite presidents always denying political consideration in the process it seems to underlie in the process of choosing Supreme Court justices. Presidents wish to choose a justice whose political and judicial philosophy reflects their own. It is often seen that a Republican president will pick a conservative candidate whereas a Democrat president will pick a more liberal candidate. There is a danger that presidents will scrutinise candidate’s previous judgements on controversial cases such as capital punishment or abortion. Most presidents do pick politically as seen with both the Clinton appointees on the court who deliver opinions that are consistently of a liberal position. As the president has to opportunity to choose a member of the nation’s highest court which in turn can shape the courts thinking for 15-20 years they tend to pick someone who reflects their own views. The death of Justice Scalia in February 2016 has highlighted how the process is increasingly politicised and partisan. Obama stated he wished to nominate a candidate with Republicans believing they should delay the appointment till the election is over. This is because the court is currently 4-4 balanced between conservative and liberal views and the next appointment could shape the balance of the court for the next decade. This highlights how the process isn’t neutral and is increasingly partisanship in nature with one President being able to shape the interpretation...
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...requirements that the company needs to meet. They are: establishment of responsibility, segregation of duties, documentation procedures, physical controls, independent internal verification, and human resource controls. Each of the five components of an internal control system is important. Base on the information provided, there are some things that the company is doing well. First, there is only one person who handles the tax position. This is “establishment of responsibility”; According to the text: control is most effective when only one person is responsible for a given task. By doing this, if there is anything wrong with the tax preparation, the President knows exactly who’s responsible for it. Second, this company uses pre-numbered checks. Pre-numbered checks help to prevent a transaction from being recorded more than once, or from not being recorded at all. This is a good way to apply “documentation procedures” into internal control system. More, the President is doing well when both he and the accountant interview and approve all of the new hires. This activity makes the hiring progress fair and honest. Because the accountant cannot hire someone base on his personal interest. However, there are numerous things that the company is doing poorly, and they definitely need to improve them. First, they have one accountant, also this accountant is serving as Treasurer and Controller. This is a serious issue, because this accountant is handling three tasks: accountant, treasurer...
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...Assess the positive and the negative aspects of the United States political framework based on the ‘separation of powers’. The United States is a presidential democracy; its political framework is based on the separation of powers between the executive, the legislative and the judicial branches of government. This is in contrast to a parliamentary democracy where there is a fusion of powers between branches of government 1. It is often argued that a parliamentary system of government based on a fusion of powers is a more effective form of government, particularly when legislating. Although this may be the case, the US political system has overcome issues faced by most parliamentary democracies such as elective dictatorships and poor scrutiny of the executive. This has been due to the structure of the US political system based on the separation of powers. In this essay I will assess the positive and the negative aspects of the US political system. I will evaluate the advantages and disadvantages the separation of powers has brought to the US system of government. I will first assess the positive aspects of the US political system. I will then discuss the negative aspects of the US political system, finally drawing a conclusion. The ‘separation of powers is a central structural feature of the United States constitution’ 2. The US political system was designed first and foremost to prevent tyranny, something the founding fathers still feared even after America had gained...
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...INTERNAL CONTROL (Case Study 2) 1. Introduction As President of LJB Company is looking to go public by bringing internal controls system which is as one of the most challenging corporate governance issues because internal control involves everything that controls risks to an organization. Our accounting department has been chosen to evaluate the internal controls of LJB Company. LJB Company is planning to be a publicly traded company in the near future. Our firm needs to evaluate the internal controls To determine where we are on the continuum of internal control compliance, where they need to be and how to close the gaps. One means of assessing readiness is to conduct a “dry run” to detect early warning signs of control deficiencies. A dry run will assess identified financial reporting risks, processes and controls, as well as control designs, against leading practices. We have gathered and provided information of internal control, also arranging the necessary the data into 3 aims of this case study: 2.Background Study LJB Company, a local distributor, has asked your accounting firm to evaluate their system of internal controls because they are planning to go public in the future. The president wants to be aware of any new regulations required of his company if they go public, so he met with a colleague of yours at a local restaurant. The president of the company explained the current system of internal controls to your colleague. Your colleague has...
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...cooperation of each is key in the branches running efficiently because they prevent each other from having too much power. This is simply called checks and balances. This occurs when the functions of one branch serves to contain and modify the power of another. Separation of Power The separation of powers is a political doctrine originating from Montesquieu, a French philosopher, in The Spirit of the Laws. Montesquieu was an advocate of the separation of power. His writings influenced the framers of the U.S. Constitution. The separation of power grants each branch a specific role. The lawmaking body, which is Congress, makes the laws. The executive branch, which is the president, actualizes the laws. The legal branch is the court framework that interprets the laws and decides lawful discussions. Checks and Balances Checks and balances provide restraints on the powers of the other two. The president has the power to sign the legislation, which makes it a law, or it can be vetoed. The president appoints judges but the Senate provides advice and consent. The courts have the power to interpret the Constitution and laws therefore it can uphold overturn the legislature or make decisions on the president’s actions. The courts check both the legislature and executive branch by judicial reviews. Since judges are selected, Congress and the president can influence the judiciary branch. The states have a three-part government, which are the state government, state legislature and the...
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...There is a definite need for Congress in the United States. It serves many roles such as making laws, implementing national policy and watching over the other two branches of government. These are just a few of the duties of our U.S. Congress. Although they are essential to our government, there are potential problems. People are not always satisfied with the length of time involved in passing a law as well as the deadlock Congress can experience on an issue. Another potential problem people see with Congress is representation. Not all Americans feel that they are equally represented. The Congress of the United States is viewed by many as the largest branch in government. Some people might even say it is the most important. This is due to the roles Congress pays in our government. Congress is responsible for the lawmaking in our country as well as implementing national policy. The power to make laws was given to Congress by our forefathers when they constructed our constitution. Passing laws is very important to our country because without them we would be living in chaos. Of course, all our laws are not perfect but for the most part our Congress does a good job at keeping this country under control. The problems with lawmaking that most people see is the time involved in getting a law passed. In order for a bill to become a law it must first be "introduced to the House or Senate, or both, then referred to a committee." (Cummings / Wise 479). This can be a very...
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