Liberty Under Law: Separate Branches, Balanced Powers

The Houston Bar Association and the Houston Young Lawyers Association cele-brated Law Week 2006
with numerous activities centered around Law Day, May 1. This year’s celebration focused on the theme, “Liberty Under Law: Separate Branches, Balanced Powers.” Activities emphasized the importance of the separation of powers to our democratic form of government.
Activities included six interactive “Dialogue on the Separation of Powers” presentations in area high schools, where judge/lawyer teams discussed the importance of the theme with senior government students. The HBA sponsored a poster contest in local elementary and middle schools and an essay contest in high schools based on the Law Day theme. On May 1, the HBA hosted five morning “Java with the Judges” receptions in the criminal, civil, family, appellate and municipal courts, giving judges, attorneys and court personnel the opportunity to find out more about Law Week and HBA services, as well as to socialize in an informal setting. “Java with the Judges” was generously underwritten by DataScope and the HBA Litigation Section.
An extended LegalLine program was held May 3, with volunteer attorneys answering phone lines from noon until 9 p.m. Members of the Lawyers for Literacy Committee and Law Week Committee read law-related books to classes at 14 public and private elementary schools during the two weeks surrounding Law Day. Mayor Bill White was the keynote speaker at the Houston Young Lawyers Association annual Law Day Luncheon, held May 5 at the Doubletree Hotel. The HYLA recognized the Outstanding Young Lawyer of Houston and the Liberty Bell Award winner, presented to
a non-attorney for significant work in the community.
The HBA Law Week Committee was chaired by the Hon. Jennifer Walker Elrod, judge of the 190th District Court, and Carter Crow of Fulbright & Jaworski L.L.P. Members of the HBA Law Week Committee were Bret Bosker, Meredith Canada, Cathy Clark, Scarlet Collings, Jessica Freedson, Rebecca Koch, Latasha McDade, George Murr, Jennise Stubbs and Leah Turner.

First Place Winner Houston Bar Association Law Week Poster Contest

The HBA recognized the winners of its Law Week Poster and Essay contests, along with their teachers and parents, at the HYLA Law Day Luncheon. Cash prizes for the winners and their teachers were generously provided by Christopher L. Myers and Blake A. Pratz of the Pratz/Myers Group of SmithBarney. Pictured here, from left: Charles Rusciano, parent; Lee Granelli, teacher; Richard Deming, 2nd place essay winner; Cathy Deming,
parent; Kyle Rusciano, 2nd place essay winner; Halle Brazda, K-3rd grade 1st place poster winner; Amy Brazda, parent; Carly Stender, 4-8th grade 1st place poster winner; Caroline Stender, parent; Darrel Beck, teacher; and Jenny Susman, teacher.

First Place Winner Houston Bar Association
Law Week Essay Contest

Liberty Under Law: Separate Branches, Balanced Powers

By Collin Strow
12th Grade
Northeast Christian Academy

"Liberty under law: separate branches, balanced powers” suggests that we, the people, have freedoms in the law and that these freedoms remain guarded under the founders’ principles of the separate branches of government and the balance of powers between the branches. In other words, the idea of separate branches and balanced powers protects our rights. The founders sought a government that would derive its powers from the people and a government that would not abuse them, like the rulers of Europe. However, under the Articles of Confederation, the founders knew that they needed a strong centralized government. Thus, they constructed a constitution that would assure the people liberty by not allowing any one branch the majority of the authority.
The principle of the three separate branches of government and the balance of powers between them is essential to the American system of democracy. This foundational principle has stood firm in America for over two centuries. In founding the constitution, the framers did not know whether it would work or fail. The forming of the federal constitution has often been called “The Great Experiment” for this reason. They knew that in order for this form of democracy to last, they would have to make a constitution that did not give anyone a majority of power. The idea of three separate branches with separate powers that have checks and balances among them has kept any one branch from becoming too powerful. The three branches of the U.S. Government are Legislative, Executive, and Judicial. These branches all have separate powers that are laid out in the Constitution.
Article I of the Constitution is directed toward the Legislative branch, also known as Congress. Congress is known as bicameral because it consists of two houses: the House of Representatives and the Senate. The duties or powers of both houses of Congress are established in Article I. Congress represents the lawmaking branch of government. Today, all of Congress’ members are directly elected by the people. In the House, a proposed bill will be introduced by members where Congress votes if they want to pass it. The bill must pass in both houses to make it a law. Certain restrictions to lawmaking are present in the Bill of Rights. While the President prevails as the Commander-in-Chief of the armed forces, Congress has the duty of declaring war. This duty shows one way there are checks and balances in the three branches of government. Also, bills for raising revenue can only originate in the House of Representatives. The Senate’s advice and consent is needed for certain presidential appointments of high-level executive and judicial positions, such as certain cabinet members and Supreme Court Justices, and for ratifying treaties. The Senate also checks the executive branch by removing the President with a two-thirds vote if Congress impeaches him. In these ways, one can see the many different ways that the legislative branch is a separate power that checks and balances the other two branches.
In Article II of the Constitution, the executive branch consists of the President and the Vice President. (Executive branch also includes President’s cabinet.) The chief executive, the President, has the duties of ensuring that the laws are being enforced, being the Commander-in-Chief of the armed forces, being the nominator of positions such as ambassadors and Supreme Court Judges, having the responsibility of keeping a stable economy, and being the chief ambassador to other countries. With much authority placed in one man, most radical actions from the President have checks from the houses of Congress. However, the President also checks Congress by the power of the veto. The President can veto any bill that comes from the Legislative Branch; however, the veto can be overturned with a two-thirds vote from each house. The presidential power is somewhat limited in legislative power and many people measure a President’s success by the ability he can persuade or bargain with Congress. The President is expected to work with Congress in order to function efficiently. The President must give the State of the Union Address to Congress (orally or written) where he explains his future vision and current condition of the country. The President does have checks in the judicial branch as well. Besides appointing federal judges, the President has the power to grant a full or conditional pardon to anyone who has broken a federal law. The President, although somewhat limited, serves in an important branch of government that also makes sure the other branches are acting within the Constitution.
Article III of the Constitution established the Judicial branch of the U.S. government. The Judicial branch is made up of the court system. The Supreme Court has been organized as the highest court in the land. This branch is given the duty of interpreting the laws and most importantly, the Constitution. The Constitution does not directly give many of the powers of the Judicial branch. Chief Justice Marshall’s court of justices declared the Judicial branch’s power in Marbury v. Madison, which introduced the judicial review. The judicial review allows for the courts to overrule any previous law on the basis of constitutionality. In this way, the Judicial branch checks laws made by Congress. Congress also establishes the number of Supreme Court justices in acts such as the Judiciary Act of 1789 (6 judges) or the Circuit Judges Act of 1869 (current Supreme Court of 9 judges). In the “court-packing” fiasco of 1937, President Franklin D. Roosevelt attempted to expand the Supreme Court justices to 15 in order to get more favor for his New Deal policy. The Supreme Court had already established some of his New Deal policies as unconstitutional. Members from both parties were disgusted by FDR’s actions because he was unbalancing the separation of powers between the three branches of government into his favor. The bill failed in Congress. This shows how the government is dependent on the principle of separation of branches and balance of powers.
Under the law, Americans are protected by the threat of tyrannical rulers under the belief that the branches of government should be separate with equal powers. In the U.S. government, each of the three branches has a way to test whether the other two are acting within the Constitution and therefore protecting the rights of all Americans. As seen by the “court-packing” fiasco, Americans profoundly value these principles that were set forth by our forefathers to protect our liberties. Americans value these principles because they have successfully protected American rights for over 200 years and for this reason Americans will continue to place their trust in the constitution and its ability to uphold American’s rights and liberties.

Text is punctuated without italics.

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