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Anti-social behaviour
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The examples and perspective in this article deal primarily with the United Kingdom and do not represent a worldwide view of the subject. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. (April 2013) (Learn how and when to remove this template message)
Not to be confused with Asociality, Antisocial personality disorder, or social phobia.
Anti-social behaviours are actions that harm or lack consideration for the well-being of others.[1] It has also been defined as any type of conduct that violates the basic rights of another person[2] and any behaviour that is considered to be disruptive to others in society.[3] This can be carried out in various ways, which includes but is not limited to intentional aggression, as well as covert and overt hostility.[3] Anti-social behaviour also develops through social interaction within the family and community. It continuously affects a child's temperament, cognitive ability and their involvement with negative peers, dramatically affecting children's problem solving skills.[4] Many people also label behaviour which is deemed contrary to prevailing norms for social conduct as anti-social behaviour.[5] However, researchers have stated that it is a difficult term to define, particularly in the United Kingdom where there are an infinite number of acts that fall into its category.[6] The term is especially used in British English.[7]
Although the term is fairly new to the common lexicon, the word anti-social behaviour has been used for many years in the psychosocial world where it was defined as “unwanted behaviour as the result of personality disorder."[6] For example, David Farrington, a British criminologist and forensic psychologist, stated that teenagers can exhibit anti-social behaviours by engaging in various amounts of wrongdoings such as stealing, vandalism, sexual promiscuity, excessive smoking, heavy drinking, confrontations with parents, and gambling.[6]
Anti-social is frequently used, incorrectly, to mean either "nonsocial" or "unsociable". The words are not synonyms.[8] Anti-social behaviour is typically associated with other behavioural and developmental issues such as hyperactivity, depression, learning disabilities and impulsivity. Alongside these issues one can be predisposed or more inclined to develop such behaviour due to one's genetics, neurobiological and environmental stressors in the prenatal stage of one's life through the early childhood years.[4]
The American Psychiatric Association, in its Diagnostic and Statistical Manual of Mental Disorders, diagnoses persistent anti-social behaviour as antisocial personality disorder.[9] Genetic factors include abnormalities in the prefrontal cortex of the brain while neurobiological risks include maternal drug use during pregnancy, birth complications, low birth weight, prenatal brain damage, traumatic head injury, and chronic illness.[4] The World Health Organization includes it in the International Classification of Diseases as dissocial personality disorder.[10] A pattern of persistent anti-social behaviours can also be present in children and adolescents diagnosed with conduct problems, including conduct disorder or oppositional defiant disorder under the DSM-5.[11]
It has been suggested that individuals with intellectual disabilities have higher tendencies to display anti-social behaviours, but this may be related to social deprivation and mental health problems.[12] More research is required on this topic.
Contents
1 Development
2 Cause and effects
3 Genetics
4 Intervention and treatment
4.1 Cognitive behavioural therapy
4.2 Behavioural parent training
4.3 Psychotherapy
4.3.1 Family therapy
5 Diagnosis
5.1 Distinguising antisocial personality disorder and anti-social behaviour
5.2 Evidence for anti-social behaviour: frustration and aggression
6 Prognosis
7 In the UK
8 In Australia
9 See also
10 References
11 Further reading
12 External links
Development[edit]
Intent and discrimination may determine both pro- and anti-social behaviour. Infants may act in seemingly anti-social ways and yet be generally accepted as too young to know the difference before the age of 4 or 5.[1] Berger states that parents should teach their children that "emotions need to be regulated, not depressed".[1]
Studies have shown that in children between ages 13–14 who bully or show aggressive behaviour towards others exhibit anti-social behaviours in their early adulthood.[13] There are strong statistical relationships that show this significant association between childhood aggressiveness and anti-social behaviours.[13] Analyses saw that 20% of these children who exhibit anti-social behaviours at later ages had court appearances and police contact as a result of their behaviour.[13]
Many of the studies regarding the media's influence on anti-social behaviour have been deemed inconclusive. Violence, racism, sexism, and other anti-social acts are attributed to things such as genetic predisposition and violence in the home.[14] Some reviews have found strong correlations between aggression and the viewing of violent media,[15] while others find little evidence to support their case.[16] The only unanimously accepted truth regarding anti-social behaviour is that parental guidance carries an undoubtedly strong influence; providing children with brief negative evaluations of violent characters helps to reduce violent effects in the individual.[14]
Cause and effects[edit]
Families greatly impact the causation of anti-social behaviour.[17] Some other familial causes are parent history of anti-social behaviours, parental alcohol and drug abuse, unstable home life, absence of good parenting, physical abuse, parental instability (mental health issues/PTSD) and economic distress within the family.[18]
Peers can also impact one's predisposition to anti-social behaviours, in particular, children in peer groups are more likely to associate with anti-social behaviours if present within their peer group.[17] Especially within youth, patterns of lying, cheating and disruptive behaviours found in young children are early signs of anti-social behaviour.[18] Adults must intervene if they notice their children providing these behaviours.[17][18] Early detection is best in the preschool years and middle school years in best hopes of interrupting the trajectory of these negative patterns. These patterns in children can lead to conduct disorder, a disorder that allows children to rebel against atypical age-appropriate norms. Moreover, these offences can lead to oppositional defiant disorder, which allows children to be defiant against adults and create vindictive behaviours and patterns.[17] Furthermore, children who exhibit anti-social behaviour also are more prone to alcoholism in adulthood.[17]
Genetics[edit]
A recent genome-wide analysis of anti-social behaviour in a large combined sample has shown that a large number of genetic variants of low individual effect play a role in anti-social behaviour.[19] Moreover, this study showed that several variants show gender-specific effects on anti-social behaviour in males and females.
Intervention and treatment[edit]
As a high prevalence mental health problem in children, many interventions and treatments are developed to prevent anti-social behaviours and to help reinforce pro-social behaviours.[20]
Several factors are considered as direct or indirect causes of developing anti-social behaviour in children. Addressing these factors are necessary to develop a reliable and effective intervention or treatment.[21] Children’s perinatal risk, temperament, intelligence, nutrition level, and interaction with parents or caregivers can influence their behaviours. As for parents or caregivers, their personality traits, behaviours, socioeconomic status, social network, and living environment can also affect children’s development of anti-social behaviour.[20]
An individual's age at intervention is a strong predictor of the effectiveness of a given treatment.[11] The specific kinds of anti-social behaviours exhibited, as well as the magnitude of those behaviours also impact how effective a treatment is for an individual.[22] Behavioural parent training (BPT) is more effective to preschool or elementary school-aged children, and cognitive behavioural therapy (CBT) has higher effectiveness for adolescents.[11] Moreover, early intervention of anti-social behaviour is relatively more promising.[4] For preschool children, family is the main consideration for the context of intervention and treatment. The interaction between children and parents or caregivers, parenting skills, social support, and socioeconomic status would be the factors.[20] For school-aged children, the school context also needs to be considered.[20] The collaboration amongst parents, teachers, and school psychologists are usually recommended to help children develop the ability of resolving conflicts, managing their anger, developing positive interactions with other students, and learning pro-social behaviours within both home and school settings.[23]
Moreover, the training for parents or caregivers are also important. Their children would be more likely to learn positive social behaviours and reduce inappropriate behaviours if they become good role models and have effective parenting skills.[23]
Cognitive behavioural therapy[edit]
Cognitive behavioural therapy (CBT), is a highly effective, evidence-based therapy, in relation to anti-social behaviour.[24] This type of treatment focuses on enabling the patients to create an accurate image of the self, allowing the individuals to find the trigger of their harmful actions and changing how individuals think and act in social situations.[25] Due to their impulsivity, their inability to form trusting relationships and their nature of blaming others when a situation arises,[26] individuals with particularly aggressive anti-social behaviours tend to have maladaptive social cognitions, including hostile attribution bias, which lead to negative behavioural outcomes.[11] CBT has been found to be more effective for older children and less effective for younger children.[27] Problem-solving skills training (PSST) is a type of CBT that aims to recognize and correct how an individual thinks and consequently behaves in social environments.[22] This training provides steps to assist people in obtaining the skill to be able to evaluate potential solutions to problems occurring outside of therapy and learn how to create positive solutions to avoid physical aggression and resolve conflict.[28]
Therapists, when providing CBT intervention to individuals with anti-social behaviour, should first assess the level of the risk of the behaviour in order to establish a plan on the duration and intensity of the intervention.[26] Moreover, therapists should support and motivate individuals to practice the new skills and behaviours in environments and contexts where the conflicts would naturally occur to observe the effects of CBT.[25]
Behavioural parent training[edit]
Behavioural parent training (BPT) or parent management training (PMT), focuses on changing how parents interact with their children and equips them with ways to recognize and change their child's maladaptive behaviour in a variety of situations. BPT assumes that individuals are exposed to reinforcements and punishments daily and that anti-social behaviour, which can be learned, is a result of these reinforcements and punishments.[29] Since certain types of interactions between parents and children may reinforce a child's anti-social behaviour, the aim of BPT is to teach the parent effective skills to better manage and communicate with their child.[22] This could be done by reinforcing pro-social behaviours while punishing or ignoring anti-social behaviours.[29] It is important to note that the effects of this therapy can be seen only if the newly acquired communication methods are maintained.[29] BPT has been found to be most effective for younger children under the age of 12.[11][22] Researchers credit the effectiveness of this treatment at younger ages due to the fact that younger children are more reliant on their parents.[30] BPT is used to treat children with conduct problems, but also for children with ADHD.[22]
According to a meta-analysis, the effectiveness of BPT is supported by short-term changes on the children's anti-social behaviour.[29] However, whether these changes are maintained over a longer period of time is still unclear.[29]
Psychotherapy[edit]
Psychotherapy or talk therapy, although not always effective, can also be used to treat individuals with anti-social behaviour.[31] Individuals can learn skills such as anger and violence management.[31] This type of therapy can help individuals with anti-social behaviour bridge the gap between their feelings and behaviours, which they lack the connection previously.[32] It is most effective when specific issues are being discussed with individuals with anti-social behaviours, rather than a broad general concept. This type of therapy works well with individuals who are at a mild to moderate stage of anti-social behaviour since they still have some sense of responsibility regarding their own problems.[32]
When working with individuals with anti-social behaviour, therapist must be mindful of building a trusting therapeutic relationship since these individuals might have never experienced rewarding relationships.[33] Therapists need to be also be reminded that changes might take place slowly, thus an ability for noticing small changes and constant encouragement for individuals with anti-social behaviour to continue the intervention are required.[33]
Family therapy[edit]
Family therapy, which is a type of psychotherapy, helps promote communication between family members, thus resolving conflicts related to anti-social behaviour.[34] Since family exerts enormous influence over children's development, it is important to identify the behaviours that could potentially lead to anti-social behaviours in children.[35] It is a relatively short-term therapy which involves the family members who are willing to participate. Family therapy can be used to address specific topics such as aggression.[34] The therapy may end when the family can resolve conflicts without needing the therapists to intervene.[36]
Diagnosis[edit]
There is no official diagnosis for anti-social behaviour. However, we can have a look at the official diagnosis for Antisocial Personality Disorder (ASPD) and use it as guideline while keeping in mind that anti-social behaviour and ASPD are not to be confused.
Distinguising antisocial personality disorder and anti-social behaviour[edit]
When looking at non-ASPD patients (who show anti-social behaviour) and ASPD patients, it all comes down to the same types of behaviours. However, ASPD is a Personality Disorder which is defined by the consistency and stability of the observed behaviour, in this case, anti-social behaviour. Antisocial Personality Disorder can only be diagnosed when a pattern of anti-social behaviour began being noticeable during childhood and/or early teens and remained stable and consistent across time and context.[37] In the official DSM IV-TR for ASPD, it is specified that the anti-social behaviour has to occur outside of time frames surrounding traumatic life events or manic episodes (if the individual is diagnosed with another mental disorder). The diagnosis for ASPD cannot be done before the age of 18.[38] For example, someone who exhibits anti-social behaviour with their family but pro-social behaviour with friends and coworkers would not qualify for ASPD because the behaviour is not consistent across context. Someone who was consistently behaving in a pro-social way and then begins exhibiting anti-social behaviour in response to a specific life event would not qualify for ASPD either because the behaviour is not stable across time.
Law breaking behaviour in which the individuals are putting themselves or others at risk is considered anti-social even if it is not consistent or stable (Examples : speeding, use of drugs, getting in physical conflict). In relation to the previous statement, juvenile delinquency is a core element to the diagnosis of ASPD.[37] Individuals who begin getting in trouble with the law (in more than one area) at an abnormally early age (around 15)[38] and keep recurrently doing so in adulthood may be suspected of having ASPD.
Evidence for anti-social behaviour: frustration and aggression[edit]
With some limitations, research has established a correlation between frustration and aggression when it comes to anti-social behaviour. The presence of anti-social behaviour may be detected when an individual is experiencing an abnormally high amount of frustrations in their daily life routine and when those frustrations always result into aggression.[39] The term impulsivity is commonly used to describe this behavioural pattern. Anti-social behaviour can also be detected if the aggressiveness and impulsiveness of the individual's behaviour in response to frustrations is so that it causes obstruction to social interactions and achievement of personal goals. In both of these cases, we can consider the different types of treatment and therapy previously mentioned in this article.[39]
Examples in childhood: unable to make friends, unable to follow rules, getting kicked out of school, unable to fulfill minimal levels of education (elementary school, middle school).
Examples in early adulthood: unable to keep a job or an apartment, difficulty to maintain relationships.
Prognosis[edit]
The prognosis of having anti-social behaviour is not very favourable due to its high stability throughout children development.[20] Studies have shown that children who are aggressive and have conduct problems are more likely to have anti-social behaviour in adolescence.[40] Early intervention of anti-social behaviour is relatively more effective since the anti-social pattern lasts for a shorter period of time.[41] Moreover, since younger children would have smaller social networks and less social activities, fewer contexts need to be considered for the intervention and treatment.[20] For adolescents, studies have shown that the influence of treatments becomes less effective.[42][43]
The prognosis seems to not be influenced by the duration of intervention, however; a long-term follow-up is necessary to confirm that the intervention or treatment is effective.[20]
Individual who has anti-social behaviour is more likely to have drugs and alcohol abuse.[44] This could make the prognosis worse since he or she would less likely be involved in social activities and would become more isolated.[45]
In the UK[edit]
Main article: Anti-social behaviour order
ASBO warning in London
An anti-social behaviour order (ASBO) is a civil order made against a person who has been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders, introduced in the United Kingdom by Prime Minister Tony Blair in 1998,[46] were designed to criminalize minor incidents that would not have warranted prosecution before.[47]
The Crime and Disorder Act 1998 defines anti-social behaviour as acting in a manner that has "caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household" as the perpetrator. There has been debate concerning the vagueness of this definition.[6]
In a survey conducted by University College London during May 2006, the UK was thought by respondents to be Europe's worst country for anti-social behaviour, with 76% believing Britain had a "big or moderate problem".[48]
Current legislation governing anti-social behaviour in the UK is the Anti-Social Behaviour, Crime and Policing Act 2014 which received Royal Assent in March 2014 and came into enforcement in October 2014. This replaces tools such as the ASBO with 6 streamlined tools designed to make it easier to act on anti-social behaviour.[49]
In Australia[edit]
Anti-social behaviour can have a negative effect and impact on Australian communities and their perception of safety. The Western Australia Police force define anti-social behaviour as any behaviour that annoys, irritates, disturbs or interferes with a persons’ ability to go about their lawful business.[50] In Australia, many different acts are classed as anti-social behaviour such as, misuse of public space, disregard for community safety, disregard for personal well-being, acts directed at people, graffiti, protests, liquor offences and drunk driving.[51] It has been found that it is very common for Australian adolescents to engage in different levels of anti-social behaviour. A survey was conducted in 1996 in New South Wales, Australia, of 441, 234 secondary school students in years 7 to 12 about their involvement in anti-social activities. 38.6% reported intentionally damaging or destroying someone else's property, 22.8% admitted to having received or selling stolen goods and close to 40% confessed to attacking someone with the idea of hurting them.[52] The Australian community are encouraged to report any behaviour of concern and play a vital role assisting police in reducing anti-social behaviour. One study conducted in 2016 established how perpetrators of anti-social behaviour may not actually intend to cause offense. The study examined anti-social behaviours (or microaggressions) within the LGBTIQ community on a university campus. The study established how many members felt that other people would often commit anti-social behaviours, however there was no explicit suggestion of any maliciousness behind these acts. Rather, it was just that the offenders were naive to the impact of their behaviour.[53]
The Western Australia Police force uses a three-step strategy to deal with anti-social behaviour.
Prevention – This action uses community engagement, intelligence, training and development and the targeting of hotspots, attempting to prevent unacceptable behaviour from occurring.
Response – A timely and effective response to anti-social behaviour is vital. Police provide ownership, leadership and coordination to apprehend offenders.
Resolution – Identifying the underlying issues that cause anti-social behaviour and resolve these issues with the help of the community. Offenders are successfully prosecuted.[54]
See also[edit]
Asociality
Antisocial personality disorder
Callous and unemotional traits
Criminality
Conduct disorder
Cruelty
Deviance (sociology)
Immorality
Juvenile delinquency
Oppositional defiant disorder
Morality
Rebellion
Proactive policing
Psychiatric epidemiology
Sexual deviance
Social behaviour
Social order
Troll (Internet)
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Further reading[edit]
Yang Y, Glenn AL, Raine A (2008). "Brain abnormalities in antisocial individuals: implications for the law". Behavioral Sciences & the Law. 26 (1): 65–83. doi:10.1002/bsl.788. PMID 18327831.
External links[edit]
Anti-Social Behaviour.org.uk
MIT Technology Review - How a Troll-Spotting Algorithm Learned Its Anti-antisocial Trade
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Abuse
Types
Anti-social behaviour
Bullying
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neglect
sexual
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Domestic abuse
Doxing
Elder abuse
Gaslighting
Harassment
Humiliation
Incivility
Institutional abuse
Intimidation
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Persecution
Professional abuse
Proxy abuse
Psychological abuse
Physical abuse
Religious abuse
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Stalking
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more...
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Child grooming
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Just-world hypothesis
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Xeer
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Experiments
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Separation of powers under the United States Constitution
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This article is about the separation of powers specifically in the United States. For the theory of separation of powers, see separation of powers.
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The United States Capitol dome as seen from the Supreme Court Building
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U.S. Supreme Court Justice Antonin Scalia testified before the Senate Judiciary Committee about separation of powers and checks and balances of the U.S. Government
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the writing of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. This United States form of separation of powers is associated with a system of checks and balances.
During the Age of Enlightenment, philosophers such as Montesquieu advocated the principle in their writings, whereas others, such as Thomas Hobbes, strongly opposed it. Montesquieu was one of the foremost supporters of separating the legislature, the executive, and the judiciary. His writings considerably influenced the opinions of the framers of the United States Constitution.
Strict separation of powers did not operate in the United Kingdom, the political structure of which served in most instances as a model for the government created by the U.S. Constitution.[citation needed]
Some U.S. states did not observe a strict separation of powers in the 18th century. In New Jersey, the Governor also functioned as a member of the state's highest court and as the presiding officer of one house of the New Jersey Legislature. The President of Delaware was a member of the Court of Appeals; the presiding officers of the two houses of the state legislature also served in the executive department as Vice Presidents. In both Delaware and Pennsylvania, members of the executive council served at the same time as judges. On the other hand, many southern states explicitly required separation of powers. Maryland, Virginia, North Carolina and Georgia all kept the branches of government "separate and distinct."
Contents
1 Legislative power
2 Executive power
3 Judicial power
4 Checks and balances
4.1 Executive
4.2 Judicial
5 Equality of the branches
6 Views on separation of powers
7 Judicial independence
8 See also
9 References
10 External links
Legislative power[edit]
Congress has the sole power to legislate for the United States. Under the nondelegation doctrine, Congress may not delegate its lawmaking responsibilities to any other agency. In this vein, the Supreme Court held in the 1998 case Clinton v. The city of New York that Congress could not delegate a "line-item veto" to the President, by powers vested in the government by the Constitution.
Where Congress does not make great and sweeping delegations of its authority, the Supreme Court has been less stringent. One of the earliest cases involving the exact limits of non-delegation was Wayman v. Southard 23 U.S. (10 Wet.) 1, 42 (1825). Congress had delegated to the courts the power to prescribe judicial procedure; it was contended that Congress had thereby unconstitutionally clothed the judiciary with legislative powers. While Chief Justice John Marshall conceded that the determination of rules of procedure was a legislative function, he distinguished between "important" subjects and mere details. Marshall wrote that "a general provision may be made, and power is given to those who are to act under such general provisions, to fill up the details."
Marshall's words and future court decisions gave Congress much latitude in delegating powers. It was not until the 1930s that the Supreme Court held a delegation of authority unconstitutional. In a case involving the creation of the National Recovery Administration called A.L.A. Schechter Poultry Corp. v. The United States, 295 U.S. 495 (1935), Congress could not authorize the president to formulate codes of "fair competition." It was held that Congress must set some standards governing the actions of executive officers. The Court, however, has deemed that phrases such as "just and reasonable," "public interest" and "public convenience" suffice.
Executive power[edit]
Executive power is vested, with exceptions and qualifications,[1] in the President. By law (Section 2.) the president becomes the Commander in Chief of the Army and Navy, Militia of several states when called into service, has power to make treaties and appointments to office "with the Advice and Consent of the Senate," receive Ambassadors and Public Ministers, and "take care that the laws be faithfully executed" (Section 3.) By using these words, the Constitution does not require the president to personally enforce the law; rather, officers subordinate to the president may perform such duties. The Constitution empowers the president to ensure the faithful execution of the laws made by Congress and approved by the President. Congress may itself terminate such appointments, by impeachment, and restrict the president. Bodies such as the War Claims Commission (created by the War Claims Act of 1948), the Interstate Commerce Commission ,and the Federal Trade Commission—all quasi-judicial—often have direct Congressional oversight.
Congress often writes legislation to restrain executive officials to the performance of their duties, as laid out by the laws Congress passes. In Immigration and Naturalization Service v. Chadha (1983), the Supreme Court decided (a) The prescription for legislative action in Art. I, § 1—requiring all legislative powers to be vested in a Congress consisting of a Senate and a House of Representatives—and § 7—requiring every bill passed by the House and Senate, before becoming law, to be presented to the president, and, if he disapproves, to be repassed by two-thirds of the Senate and House—represents the Framers' decision that the legislative power of the Federal Government be exercised in accord with a single, finely wrought and exhaustively considered procedure. This procedure is an integral part of the constitutional design for the separation of powers. Further rulings clarified the case; even both Houses acting together cannot override Executive vetos without a 2⁄3 majority. Legislation may always prescribe regulations governing executive officers.
Judicial power[edit]
See also: Article I and Article III tribunals and Jurisdiction stripping
Judicial power—the power to decide cases and controversies—is vested in the Supreme Court and inferior courts established by Congress. The judges must be appointed by the president with the advice and consent of the Senate, hold office during good behavior and receive compensations that may not be diminished during their continuance in office. If a court's judges do not have such attributes, the court may not exercise the judicial power of the United States. Courts exercising the judicial power are called "constitutional courts."
Congress may establish "legislative courts," which do not take the form of judicial agencies or commissions, whose members do not have the same security of tenure or compensation as the constitutional court judges. Legislative courts may not exercise the judicial power of the United States. In Murray's Lessee v. Hoboken Land & Improvement Co. (1856), the Supreme Court held that a legislative court may not decide "a suit at the common law, or in equity, or admiralty," as such a suit is inherently judicial. Legislative courts may only adjudicate "public rights" questions (cases between the government and an individual and political determinations).
Checks and balances[edit]
Legislative
Writes and enacts laws
Enacts taxes, authorizes borrowing, and sets the budget
Has sole power to declare war
May start investigations, especially against the executive branch
The Senate considers presidential appointments of judges and executive department heads
The Senate ratifies treaties
The House of Representatives may impeach, and the Senate may remove, executive and judicial officers
Creates federal courts except for the Supreme Court, and sets the number of justices on the Supreme Court
May override presidential vetoes
Executive
May veto laws
Vice president presides over the Senate
Wages war at the direction of Congress (Congress makes the rules for the military)
Makes decrees or declarations (for example, declaring a state of emergency) and promulgates lawful regulations and executive orders
Influences other branches of its agenda with the State of the Union address.
Appoints judges and executive department heads
Has power to grant pardons to convicted persons, except in cases of impeachment
Executes and enforces orders of the court through federal law enforcement.
Judicial
Determines which laws Congress intended to apply to any given case
Determines whether a law is unconstitutional. (The power of judicial review is not expressly granted in the Constitution, but was held by the judiciary to be implicit in the constitutional structure in Marbury v. Madison (1803).)
Determines how Congress meant the law to apply to disputes
Determines how a law acts to determine the disposition of prisoners
Determines how a law acts to compel testimony and the production of evidence
Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. (The amount of discretion depends upon the standard of review, determined by the type of case in question.)
Polices its own members
Executive[edit]
The president exercises a check over Congress through his power to veto bills, but Congress may override any veto (excluding the so-called "pocket veto") by a two-thirds majority in each house. When the two houses of Congress cannot agree on a date for adjournment, the president may settle the dispute. Either house or both houses may be called into emergency session by the president. The Vice President serves as president of the Senate, but he may only vote to break a tie.
The president, as noted above, appoints judges with the Senate's advice and consent. He also has the power to issue pardons and reprieves. Such pardons are not subject to confirmation by either the House of Representatives or the Senate, or even to acceptance by the recipient. The President is not mandated to carry out the orders of the Supreme Court. The Supreme Court does not have any enforcement power; the enforcement power lies solely with the executive branch. Thus, the executive branch can place a check on the Supreme Court through refusal to execute the orders of the court. For example, in Worcester v. Georgia, President Jackson refused to execute the orders of the Supreme Court.
The president is the civilian Commander in Chief of the Army and Navy of the United States. He has the authority to command them to take appropriate military action in the event of a sudden crisis.[2] However, only the Congress is explicitly granted the power to declare war per se, as well as to raise, fund and maintain the armed forces. Congress also has the duty and authority to prescribe the laws and regulations under which the armed forces operate, such as the Uniform Code of Military Justice, and requires that all Generals and Admirals appointed by the president be confirmed by a majority vote of the Senate before they can assume their office.
Judicial[edit]
Courts check both the executive branch and the legislative branch through judicial review. This concept is not written into the Constitution, but was envisioned by many of the Constitution's Framers (for example, The Federalist Papers mention it). The Supreme Court established a precedent for judicial review in Marbury v. Madison. There were protests by some at this decision, born chiefly of political expediency, but political realities in the particular case paradoxically restrained opposing views from asserting themselves. For this reason, precedent alone established the principle that a court may strike down a law it deems unconstitutional.
A common misperception is that the Supreme Court is the only court that may determine constitutionality; the power is exercised even by the inferior courts. But only Supreme Court decisions are binding across the nation. Decisions of a Court of Appeals, for instance, are binding only in the circuit over which the court has jurisdiction.
The power to review the constitutionality of laws may be limited by Congress, which has the power to set the jurisdiction of the courts. The only constitutional limit on Congress' power to set the jurisdiction of the judiciary relates to the Supreme Court; the Supreme Court may exercise only appellate jurisdiction except in cases involving states and cases affecting foreign ambassadors, ministers or consuls.
The Chief Justice presides in the Senate during a president's impeachment trial. The rules of the Senate, however, generally do not grant much authority to the presiding officer. Thus, the Chief Justice's role in this regard is a limited one.

McCulloch v. Maryland, decided in 1819, established two important principles. One of which explains that states cannot make actions to impede on valid constitutional exercises of power by the federal government. The other explains that Congress has the implied powers to implement the express powers written in the Constitution to create a functional national government. All three branches of the US government have certain powers and those powers relate to the other branches of government. One of these powers is called the express powers. These powers are expressly given, in the Constitution, to each branch of government. Another power is the implied powers. These powers are those that are necessary to perform expressed powers. There are also inherent and concurrent powers. Inherent powers are those that are not found in the Constitution yet the different branches of government can still exercise them. Concurrent powers are those that are given to both state and federal governments. There are also powers that are not lined out in the Constitution that are given to the federal government. These powers are then given to the states in a system called federalism.

Congress is one of the branches of government so it has a lot of powers of its own that it uses to pass laws and establish regulations. These include express, implied, and concurrent powers. It uses its express powers to regulate bankruptcies, business between states and other nations, the armed forces, and the National Guard or militia. They also establish all laws necessary and proper for carrying out other powers. In addition to this Congress makes laws for naturalization. Implied powers are used to keep the regulation of taxes, the draft, immigration, protection of those with disabilities, minimum wage, and outlaw discrimination. Congress’s inherent powers are used to control national borders, deal with foreign affairs, acquire new territories, defend the state from revolution, and decide the exclusion or establishment of aliens. Concurrent powers makes it so that both federal and state governments can create laws, deal with environmental protection, maintain national parks and prisons, and provide a police force.

The judicial branch of government holds powers as well. They have the ability to use express and concurrent powers to make laws and establish regulations. They use express powers to interpret laws and perform judicial review. Implied powers are used by this branch to declare laws that were previously passed by a lower court unconstitutional. They can also use express powers to declare laws that are in the process of being passed unconstitutional. Concurrent powers are used to make it so that state courts can conduct trials and interpret laws without the approval of federal courts and federal courts can hear appeals form lower state courts.

The executive branch also has powers of its own that they use to make laws and establish regulations. The powers that are used in this branch are express, implied, and inherent. The President uses express powers to approve and veto bills and to make treaties as well. The President is constitutionally obligated to make sure that laws are faithfully executed and uses their powers to do just this. He uses implied powers to issue executive orders and enter into treaties with foreign nations. The executive branch uses inherent powers to establish executive privilege, which means that they can enforce statutes and laws already passed by Congress. They can also enforce the Constitution and treaties that were previously made by other branches of government.

The system of checks and balances makes it so that no one branch of government has more power than another and cannot overthrow another. It creates a balance of power that is necessary for a government to function, if it is to function well. This, in most situations, makes it so that each branch is held to a certain standard of conduct. If a branch of the government thinks that what another branch is doing is unconstitutional, they can “call them out” so to say. Each branch is able to look at the other branches wrong doing and change it to meet the needs of the people whom they serve. Humans as a whole have a history of abusing positions of power but the system of checks and balances makes it so much more difficult to do so. Also the fact that there is more than one person running each branch gives room for debate and discussion before decisions are made within a single branch. Even so, some laws have been made and then retracted because of the fact that they were an abuse of the power given to that particular branch. The people that created these laws had been serving a selfish agenda when forming these laws instead of looking out for the welfare of those people that they were supposed to be protecting by making certain laws. While this is a horrible scenario, it does happen. That does not mean that it cannot be fixed though. Indeed it can be, by another branch of government stepping up to right the wrongs that had been done.

The federal government is fully capable to intervene in affairs of Native Americans on reservations to some extent. Their ability to create and enforce treaties makes it so that they can interact with the Native Americans and build a treaty that works for both parties and make reservations for the Native Americans to live on and make it so that the people that would live on the reservation not be interrupted by the outside world and be able to live their lives as they please. This responsibility also falls on to the states as well. This happens because the federal government is the one that creates the treaties but the reservations are then put in the jurisdiction of the states. The states are then responsible for maintaining the relationships with the Native Americans on those reservations and to honor the treaties that were previously made by the federal government.
Equality of the branches[edit]
This section possibly contains original research. Please improve it by verifying the claims made and adding inline citations. Statements consisting only of original research should be removed. (February 2015) (Learn how and when to remove this template message)
The Constitution does not explicitly indicate the pre-eminence of any particular branch of government. However, James Madison wrote in Federalist 51, regarding the ability of each branch to defend itself from actions by the others, that "it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates."
One may claim that the judiciary has historically been the weakest of the three branches. In fact, its power to exercise judicial review—its sole meaningful check on the other two branches—is not explicitly granted by the U.S Constitution. The U.S. Supreme Court exercised its power to strike down congressional acts as unconstitutional only twice prior to the Civil War: in Marbury v. Madison (1803) and Dred Scott v. Sandford (1857). The Supreme Court has since then made more extensive use of judicial review.
Throughout America's history dominance of one of the three branches has essentially been a see-saw struggle between Congress and the president. Both have had periods of great power and weakness such as immediately after the Civil War when republicans had a majority in Congress and were able to pass major legislation and shoot down most of the president's vetoes. They also passed acts to essentially make the president subordinate to Congress, such as the Tenure of Office Act. Johnson's later impeachment also cost the presidency much political power. However the president has also exercised greater power largely during the 20th century. Both Roosevelts greatly expanded the powers of the president and wielded great power during their terms.
The first six presidents of the United States did not make extensive use of the veto power: George Washington only vetoed two bills, James Monroe one, and John Adams, Thomas Jefferson and John Quincy Adams none. James Madison, a firm believer in a strong executive, vetoed seven bills. None of the first six Presidents, however, used the veto to direct national policy. It was Andrew Jackson, the seventh President, who was the first to use the veto as a political weapon. During his two terms in office, he vetoed 12 bills—more than all of his predecessors combined. Furthermore, he defied the Supreme Court in enforcing the policy of ethnically cleansing Native American tribes ("Indian Removal"); he stated (perhaps apocryphally), "John Marshall has made his decision. Now let him enforce it!"
Some of Jackson's successors made no use of the veto power, while others used it intermittently. It was only after the Civil War that presidents began to use the power to truly counterbalance Congress. Andrew Johnson, a Democrat, vetoed several Reconstruction bills passed by the "Radical Republicans." Congress, however, managed to override fifteen of Johnson's twenty-nine vetoes. Furthermore, it attempted to curb the power of the presidency by passing the Tenure of Office Act. The Act required Senate approval for the dismissal of senior Cabinet officials. When Johnson deliberately violated the Act, which he felt was unconstitutional (Supreme Court decisions later vindicated such a position), the House of Representatives impeached him; he was acquitted in the Senate by one vote.
Grover Cleveland worked to restore power to the Presidency after Andrew Johnson's impeachment.
Johnson's impeachment was perceived to have done great damage to the presidency, which came to be almost subordinate to Congress. Some believed that the president would become a mere figurehead, with the Speaker of the House of Representatives becoming a de facto prime minister. Grover Cleveland, the first Democratic President following Johnson, attempted to restore the power of his office. During his first term, he vetoed over 400 bills—twice as many bills as his 21 predecessors combined. He also began to suspend bureaucrats who were appointed as a result of the patronage system, replacing them with more "deserving" individuals. The Senate, however, refused to confirm many new nominations, instead demanding that Cleveland turn over the confidential records relating to the suspensions. Cleveland steadfastly refused, asserting, "These suspensions are my executive acts ... I am not responsible to the Senate, and I am unwilling to submit my actions to them for judgment." Cleveland's popular support forced the Senate to back down and confirm the nominees. Furthermore, Congress finally repealed the controversial Tenure of Office Act that had been passed during the Johnson Administration. Overall, this meant that Cleveland's Administration marked the end of presidential subordination.
Several 20th-century presidents have attempted to greatly expand the power of the presidency. Theodore Roosevelt, for instance, claimed that the president was permitted to do whatever was not explicitly prohibited by the law—in direct contrast to his immediate successor, William Howard Taft. Franklin Delano Roosevelt held considerable power during the Great Depression. Congress had granted Franklin Roosevelt sweeping authority; in Panama Refining v. Ryan, the Court for the first time struck down a Congressional delegation of power as violative of the doctrine of separation of powers. The aforementioned Schechter Poultry Corp. v. United States, another separation of powers case, was also decided during Franklin Roosevelt's presidency. In response to many unfavorable Supreme Court decisions, Roosevelt introduced a "Court Packing" plan, under which more seats would be added to the Supreme Court for the president to fill. Such a plan (which was defeated in Congress) would have seriously undermined the judiciary's independence and power.
Richard Nixon used national security as a basis for his expansion of power. He asserted, for example, that "the inherent power of the President to safeguard the security of the nation" authorized him to order a wiretap without a judge's warrant. Nixon also asserted that "executive privilege" shielded him from all legislative oversight; furthermore, he impounded federal funds (that is to say, he refused to spend money that Congress had appropriated for government programs). In the specific cases aforementioned, however, the Supreme Court ruled against Nixon. This was also because of an ongoing criminal investigation into the Watergate tapes, even though they acknowledged the general need for executive privilege. Since then, Nixon's successors have sometimes asserted that they may act in the interests of national security or that executive privilege shields them from Congressional oversight. Though such claims have in general been more limited than Nixon's, one may still conclude that the presidency's power has been greatly augmented since the 18th and 19th centuries.
Views on separation of powers[edit]
Many political scientists believe that separation of powers is a decisive factor in what they see as a limited degree of American exceptionalism. In particular, John W. Kingdon made this argument, claiming that separation of powers contributed to the development of a unique political structure in the United States. He attributes the unusually large number of interest groups active in the United States, in part, to the separation of powers; it gives groups more places to try to influence, and creates more potential group activity. He also cites its complexity as one of the reasons for lower citizen participation.[citation needed]
Judicial independence[edit]
Separation of powers has again become a current issue of some controversy concerning debates about judicial independence and political efforts to increase the accountability of judges for the quality of their work, avoiding conflicts of interest, and charges that some judges allegedly disregard procedural rules, statutes, and higher court precedents.
Many legislators hold the view that separation of powers means that powers are shared among different branches; no one branch may act unilaterally on issues (other than perhaps minor questions), but must obtain some form of agreement across branches. That is, it is argued that "checks and balances" apply to the Judicial branch as well as to the other branches—for example, in the regulation of attorneys and judges, and the establishment by Congress of rules for the conduct of federal courts, and by state legislatures for state courts. Although in practice these matters are delegated to the Supreme Court, the Congress holds these powers and delegates them to the Supreme Court only for convenience in light of the Supreme Court's expertise, but can withdraw that delegation at any time.
On the other side of this debate, many judges hold the view that separation of powers means that the Judiciary is independent and untouchable within the judicial sphere. In this view, separation of powers means that the Judiciary alone holds all powers relative to the judicial function and that the Legislative and Executive branches may not interfere in any aspect of the Judicial branch. An example of the second view at the state level is found in the Florida Supreme Court holding that only the Florida Supreme Court may license and regulate attorneys appearing before the courts of Florida, and only the Florida Supreme Court may set rules for procedures in the Florida courts.[citation needed] The State of New Hampshire also follows this system.[citation needed]
See also[edit]
Constitution of the Roman Republic
Commander-in-Chief
Fourth branch of government
Signing statement
The Imperial Presidency
Unitary executive theory
References[edit]
Davis, Zoe (2001). "Presidential Vetoes, 1989–2000" (PDF). United States Senate.
Dean, John W. (2004). "The U.S. Supreme Court and The Imperial Presidency". Find Law.
Kilman, Johnny H. & Costello, George, eds. (2000). The Constitution of the United States of America: Analysis and Interpretation. Washington, DC: Government Printing Office. Archived from the original on 2008-12-11.
Kunhardt, Philip B., Jr.; Kunhardt, Philip B., III & Kunhardt, Peter W. (1999). The American President. New York: Penguin.
Madison, James (1788). "The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts". Archived from the original on 2004-06-17.
Calabresi, Steven G. (2008). "The Great Divorce: The Current Understanding of Separation of Powers and the Original Meaning of the Incompatibility Clause". University of Pennsylvania Law Review. 157: 134–137. SSRN 1294671  .
Prakash, Saikrishna Bangalore (2009). "Why the Incompatibility Clause Applies to the Office of President". Duke Journal of Constitutional Law & Public Policy. 4: 143–151.
Mount, Stephen J. J. (2003). "Rewriting the Constitution".
Jump up ^ Two, Section 1.[permanent dead link]
Jump up ^ Campbell v. Clinton, 203 F.3d 19 (D.C. Cir. 2000)
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