[Author’s Name]
[Institution’s Name]
Essay on Congress, Presidency and Judiciary
The constitution was made to provide national government the sufficient power to govern, but in a framework that would inhibit the inevitable abuses of power. Constitutional limitations and protections were required "for those situations where representative government cannot be trusted." Further, Congress - the most powerful branch under the Constitution - was divided into two chambers designed to reflect different interests. Power was further divided by recognizing the continuing sovereign powers of the states. The Congress is the dominant branch of government - as intended under the Constitution. Its legislative power and its power of the purse - together with its constituent support - are inherently the most powerful tools of government.
However, it takes an extraordinary degree of unity and determination to fully use these powers in opposition to important Presidential policies or to alter judicial decisions based on interpretation of the Constitution. A Congressional challenge to Presidential policy thus involves a contest for public support. Alteration of Supreme Court interpretations of the Constitution require the creation of public support that is sufficiently both broad and deep to either pass an appropriate Amendment or - with the active assistance of the President - appoint a sufficient number of Justices with different views to affect a change of the Court's views. This latter process is precisely what occurred with the waxing and partial waning of Warren Court Constitutional jurisprudence during the last half of the twentieth century.
Congressional attention itself is limited in nature. Legislators are notoriously less concerned with the execution of the laws and programs that they enact than with the enactment of new laws and programs. The courts, too, can be checked - or even manipulated - by the litigation of private entities or government agencies. The costs of such litigation are high, however, thus limiting this form of public participation to those who are both determined and who have access to sufficient legal and financial resources..............
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