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Introduction
Every democratic government has separate tiers and each tier is saddled with respective responsibilities, which promotes democracy and division of labour. If only few people are charged with the responsibility to lead a country, the workload will be too much. A democratic government usually consists of people from diverse backgrounds having their strengths and weaknesses, their firm beliefs and ideologies. In a system where people with varied life perceptions work together, some frictions could be observed from time to time.
Such situation could presently be viewed in the United States of America where a government shutdown occurs. The US government shutdown is a result of an argument between the executive and the legislators over the affordable care act. To enable the US government to spend appropriately, the Constitution outlines that it is mandatory that expenditures of federal funds are approved by the Congress and the President of the United States. Both arms of government are yet to reach a compromise due to the disagreement over the affordable care act thereby preventing proper funding and eventually causing a shutdown. This essay will attempt to analyse what led to the lack of funds that affected the entire country. Lastly a solution would be proffered on how to curb this crisis.
Cause of shutdown
The federal agencies need funding for appropriate functioning and meeting their obligations. Americans are taxed to fund these agencies and it is their constitutional right to enjoy the services rendered by them. In a scenario where there is epileptic funding or a situation where federal agencies lack adequate funding, it affects the efficiency of such agencies. Such scenarios could lead to poor services or even the agencies’ closure.
The stoppage of funding happens when the President and the Congress are unable to reach a compromise on interim or full funding. The result of such a disagreement can cause a shutdown as can be seen in the United States now. The last time the country experienced such a problem was in 1995, when a shutdown in the federal government’s activities took place for 21 days. This shutdown that began at the 16th of December 1995, lasted till the 6th of January 1996, before it was resolved.
Judiciary
The US Supreme Court is the highest court in the country. Litigants dissatisfied with lower court decision can appeal to the Supreme Court. Although a minimal number of cases ever get to the Supreme Court and a ruling by the Supreme Court cannot be appealed.
One of the most important features of the American legal system is the practice of judicial review that is carried out by the Supreme Court. The court can determine whether a statute or executive action conforms to the rules or principles as enshrined in the Constitution. The Supreme Court possesses the powers to strike down laws it considers unconstitutional. A recent example is the ruling on the Defence of Marriage Act (DOMA), which discriminated against married gays and lesbians. The Supreme Court ruled that the Act was unconstitutional and abolish it.
At the moment, skeletal services are on-going at the courts due to the shutdown. The courts are partially functional but it depends on how long the shutdown lasts. Furthermore, this shutdown might become an impediment to the pace of justice. Americans might be unable to file litigations if the shutdown goes on for too long. Also civil cases are presently on hold except for criminal cases. This is only the beginning of what is to come if the shutdown lingers more than necessary.
Law enforcement and public safety
This is the arm of the government that is charged with the responsibility of overseeing the procession of alcohol, tobacco, fire arms and explosives. This shutdown could hamper its activities as it did during the last shutdown. The scenario could be worse this time if the present shutdown continues. Analysts have stated that Thursday is the breaking point, which will disable all agencies that are partially functional at the moment.
Recruitment of federal law enforcement agents like border patrol agents might be on hold too and this could make the American borders temporary ‘porous’. Illegal migration from Mexico to America is a worrisome trend and this shutdown could be seen as a window to perpetrate these acts.
Visas and passports
Prospective visitors to the United States of America will have to wait as procession of visa applications will be suspended. American agencies receive about 20,000 visa applications daily.
The shutdown has temporary disabled this sector at the moment. The aviation and tourism fields will record high losses by the time the shutdown is over as all of them are dependent on the length of the shutdown. This means that for every day the shutdown lingers, the American government is losing millions of dollars.
Recommendation and Conclusion
One of the most controversial arms of government is the legislature. Saddled with issues of national interest, the position of a legislator requires a lot of stamina. Frictions are a common occurrence in legislative houses around the world.
Unlike other shutdowns, the present situation in the United States is not due to fallout between the president and the legislative over funding. This shutdown was caused by disagreement between the executive and legislators over the affordable care act.
The implications and impacts of the shutdown are too numerous to mention. Apart from America considered vulnerable to terrorist attacks, this is also negative for her international reputation. With countries like the Democratic Republic of Korea (DPRK) flaunting America’s orders to desist from the manufacturing of nuclear weapons, a shaky economy and a government shutdown are signs of a dwindling world power.
More countries are likely to follow the footsteps of DPRK if the America cannot put her inner politics in order. America’s nuclear and economic strengths are the reasons why it is the world power. With growing economies like China, a shutdown at a moment when the economy is considered unstable is hazardous. Recent developments indicate that, apart from a dwindling economy, America’s respect is also at stake.
The affordable care act was passed 3 years ago and was upheld last year by the United States Supreme Court. Why has it become such a big issue now to the extent of causing a shutdown?
I would suggest that the American populace be given a voice in this matter. Let Americans decide if there should be a one year delay in funding the affordable care act popularly known as Obamacare. An opinion poll will clearly show what the people think. Afterwards, a decision that is in the interest of the nation can be taken. An opinion poll is the most logical thing to do at the moment.
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