Comparing the executive branches of Canada and the United States

Political Science

Government in Canada and the United States

The purpose of this paper is to introduce and analyze the topic of political science in America. Specifically, it will compare and contrast three major branches of government and politics in the United States with Canada's government and politics. Both democracies, Canada and the United States have many governmental branches and policies in common. However, there are key differences, including Canada's legislative branch, their prime minister, and their social services. The United States government could learn some important lessons from Canadian practices, including their health insurance and role in world politics. Government has grown from the three main branches, executive, judicial, and legislative in this country, to become a complex and convoluted morass of agencies, public service employees, and bureaucracy. This is the case in most other countries, where government becomes one of the pervasive elements of society. Government is big business, and this comparison will show how this business differs in two countries that are closely tied via boarders and populations.

THE PRESIDENT/PRIME MINISTER

In the United States, the leader of the country is the President, who is elected to a four-year term, and cannot serve more than two terms in office. The President has several powers specified by the Constitution. He is the Commander in Chief of the U.S. military. He appoints ambassadors, Supreme Court justices, federal judges, and other officials with the approval of the Senate. He can grant pardons and reprieves in prison sentences, and he can convene or dismiss Congress in case of extraordinary events. He can recommend legislation to Congress, and he can veto legislation passed by Congress. He receives ambassadors and dignitaries from foreign countries, and he gives an annual State of the Union address to Congress. He can also make treaties with foreign countries, with the approval of Congress. He also tries to make sure all laws are "faithfully executed" in the country. He also appoints the heads of the various governmental departments, and creates a Cabinet to advise him ("Ben's Guide").

There are of course requirements for anyone who wants to become President of the United States. He or she must be 35 years of age, must be U.S. born and a citizen, and have lived in the country for at least 14 years. The House of Representatives can remove a president from office via impeachment. To qualify for impeachment, a president must engage in "Treason, Bribery, or other High Crimes and Misdemeanors" ("Ben's Guide") according to the Constitution. The House must vote in a majority to impeach, but this does not remove the president from office, it is not a legal conviction. Next, the case goes before the Senate, overseen by the Chief Justice of the Supreme Court. If the Senate votes two-thirds against the president, he or she is removed from office, and the vice-president takes over as president.

The President also has the power to veto legislation. All bills from Congress cross the president's desk, and he can sign them, veto them, or do nothing. A veto sends the bill back to Congress. Two-thirds of both the House and Senate must vote to confirm the bill in order to overthrow the veto. If they cannot raise a two-thirds vote in either chamber, the bill does not go into affect. If the president signs the bill, it goes into affect right away. If the president does nothing, there are two outcomes. If the bill is not signed and Congress is in session for ten consecutive days after the president receives the bill, the bill automatically becomes law and goes into affect. If the Congress is not in session for ten consecutive days after the president receives the bill, the bill dies. This is called a "pocket veto" ("Ben's Guide"). It is quite clear that the office of President of the United States is a complex and challenging office, one that wields power and police influence around the world.

Canadian leadership is far different from the American executive branch. Canada is a democracy, but a Constitutional Monarchy, which means that Queen Elizabeth II (or any other British monarch), is the figurative head of state. The Queen is represented in Canada by the Governor General, who is appointed by the Queen on the recommendation of the Prime Minister. The Governor General has the power to call Parliament into session or dissolve a session, and the Governor General appoints the Prime Minister, usually the leader of the majority party in the House of Commons. The Governor General is also the Commander in Chief of the Canadian Armed Forces. Thus, Canada's executive branch is appointed rather than elected, and is broken down between two distinct offices, although the Prime Minister is considered the head of government, while the Governor General is the head of state ("Canadians").

In another very different aspect of the Prime Minister's role in government, he or she does not have clearly defined duties in the Canadian Constitution. Of course, the U.S. President has very clearly defined duties, and so, this is a big difference between the two positions. Like his U.S. counterpart, the Prime Minister makes a variety of key appointments, from judges to ambassadors and many other public servants. The Prime Minister also advises the Governor General, chooses a Cabinet, hosts foreign delegates, and chooses ministers for key governmental departments and agencies. The Prime Minister is the leader of the Cabinet, and since the Cabinet is the most powerful political body in Canada, the Prime Minister is the leader of the most powerful body in Canadian politics.

Thus, the two offices have many similarities, but quite a few key differences, including how they assume the leadership of the country. Canadians elect their representatives in Parliament, so they have a voice in their government, but they do not have a voice in their leadership, that is all done by appointment, which seems old-fashioned in a democracy. The job is split up in Canada, leading to different roles for the two leaders. The Prime Minister cannot command the Armed Forces, while the President can and does. This separation of power might lead to more balanced decisions in the area of war and conflict in Canada, however. In addition, the Prime Minister is a member of the House of Commons, so he or she has a vote in Parliament - far different from the separation between the Legislative and Executive branches of American government.

THE JUDICIAL BRANCH

In the United States, the Supreme Court is the highest court in the country, and it has power over the federal courts throughout the country, and limited power over state and local courts. The Supreme Court is made up of nine justices who are appointed by the president and confirmed by the Senate. These appointments are made for life, or until the justice retires. There are no formal requirements for serving on the Supreme Court, but all justices have a background in the law and the legal system.

Basically, the Supreme Court rules on cases that have already made their way through at least one level of the legal system at the local or state level. If the case decision is not satisfactory to one of the parties, they can appeal the decision and take it to the next level of state or federal court. Then, if they are still not pleased, they can appeal again, until it reaches the Supreme Court. The only disputes that can originate in the Supreme Court are those between two or more states. In addition, only cases that deal with federal or Constitutional law come before the Supreme Court.

In Canada, the Supreme Court is the court of last resort, led by nine justices and a Supreme Court Justice. They are all appointed by the Governor General. Like the U.S., the Supreme Court hears cases that have made their way through the lower appellate courts until they reach the Supreme Court. However, there are two different legal systems in Canada that the Court must take into consideration. Most of Canada follows the Common Law of England, or Civil Law. However, the province of Quebec follows the French Civil Code. Criminal law always comes under federal jurisdiction and is standard across the country. This means that three of the Court justices must represent Quebec. In addition, the court can give opinions on Canadian Constitutional law. These two systems are probably the most similar of the three main branches of government in the two countries.

The biggest difference in the two judicial systems may not be in how they operate, but what they legislate. Traditionally, Canada has been much more liberal in many areas, including health care and environmental concerns. One writer notes, "Both federal and provincial governments express a shared commitment to maintaining consistently high environmental standards, while at the same time rationalizing federal and provincial roles to achieve 'one window' delivery of regulatory programs" (Harrison 159). Also traditionally, the U.S. has been far less supportive of these issues, and legislation and judiciary rulings tend to favor the business side of these concerns.

Another big difference between the two countries is how they deal with lobbyists and special interest groups. In Canada, there is an office that deals strictly with the registration of lobbyists, and anyone who has any business interests or outside interests is required to register. There are also steep fines for those who fail to register. In the U.S. The Office of Public Records registers lobbyists, and the rules are not as strict about registration. They do have to disclose any funds they spend, and most states regulate lobbyists, as well. Lobbyists are entrenched in America, and even politicians feel they cannot "do without" them. Another author notes that most big businesses find it necessary to have offices in Washington so they can influence voting on key legislation. He writes, "Starting a Washington office, forming a PAC and hiring lobbyists all had ripple effects. Participating in the Washington establishment became a competitive advantage; sitting it out, potentially costly. One corporate executive told me: 'Once our CEO saw company X (their competitor) start a Washington office, we had to have one, too'" (Andres, A19). Thus, lobbying began in the United States and is an accepted practice here, while it is not native to Canada and it has not caught on there as much as it has here. There are more controls in Canada, as well, and that seems like a positive aspect of their government.

It is clear both countries have complex and bureaucratic forms of government. Is one better than the other? That cannot truly be answered. Canadians, like Americans, can be quite critical of their government, and they can call out for reforms and changes. The American people have more of a say in the two electoral branches of their government than Canadians do, but Canadians enjoy some public polices, such as national health care, that Americans do not. Some of the Canadian practices are steeped in the traditions of Great Britain, and her ties to England are close, while America's are not. Another writer notes, "The increasing complexity of modern economic and social life is one obvious reason for the increased range of governmental activity" (Peters 18). Clearly, both these governments have grown and changed from their inception, and they will continue to do so. America could learn some valuable lessons from Canadian government in many areas, but ultimately, the democratic system seems more evolved in America, even if it has resulted in a larger, more complex government than the founding fathers could ever have imagined.