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Q2: What Is Montesquieu Theory of Separation of Powers? Throw Light On The Veto Power of The President in The Context of Checks and Balances Doctrine
Q2: What Is Montesquieu Theory of Separation of Powers? Throw Light On The Veto Power of The President in The Context of Checks and Balances Doctrine
Ans: Montesquieu was the first political writer who first formulated the principles
of separation of powers and the independence of justice. He was the first to
scientifically study human institutions, both ancient and modern, Asiatic and
European, African and American.
The first article of constitution says "all legislative powers shall be vested in
congress", Second article vests "the executive power in the president", the third
article places the "judicial power of the United States in one Supreme Court and in
such inferior courts as the congress may establish".
Judicial: Courts check both executive and the legislative branches through judicial
review. This concept is not written in the constitution but was envisioned by many
of the constitution's framers. The supreme court later established a precedent of
judicial review in Marbury v Madison case.
Article 1 Section 7 of the Constitution of United States details how bills become
law and describes the veto power of the President. Following is the process.
• First any bill for raising money must originate in the House of Representatives.
All bills must pass both the houses in the exact same form.
• If both Houses pass it by a Two-Third majority, the bill becomes law over the
president’s veto. This is called Over-riding a veto.
Pocket veto:
• First if he neither signs the bill nor vetoes it, after 10 days, it becomes law
automatically without his signature.
• The second option is called pocket veto. It occurs when the Congress sends the
bill to the President and they then adjourn. If the President does not sign the bill
within 10 days, it does not become law.
Separation of Powers and Checks and Balances