Checks and Balances

The American government has no all-powerful king or queen. The laws are made by elected leaders who are separate from those carrying out and evaluating the laws. This system of government is made possible by a system of checks and balances that reinforce theseparation of powersin the United States. In this summary, we examine the history, facts, examples in our government, and the language of the Constitution.

Definition of Checks and Balances

Due to theseparation of powersin the U.S. federal government, each of the three branches has the ability to prevent the abuse of power by the other two.

Fig. 1:Checks and Balances

Historical Facts About Checks and Balances

这一原则是基于相信ability to regulate other federal branches is enabled through a separation of powers. Typically found in governments established under a constitution, institutions are designed with separate functions and roles. In the United States, a three-branch federal government allocates:

⇶ Legislativepowers to the U.S. Congress (U.S. House of Representatives and Senate)

⇶ Executivepowers to the President (and Cabinet)

⇶Judicialpowers to the Supreme Court (and federal courts)

Early influences on the planning of America's new government includedPolybius, Charles Montesquieu, William Blackstone, and John Locke.Montesquieu, the French political philosopher, maintained that in order to prevent the abuse of power, "权力制约权力。”作者定义的概念ity to purposefully maintain liberty and guard against tyranny helped frame the U.S. system.

The founding debate over the size and power of the federal government resulted in a compromise between the Federalists and Anti-Federalists. The Federalists were in favor of a strong central government whereas the Anti-Federalists advocated for a minimal central government with most power concentrated at the state level.

The result was sharing of powers between the states and national government with a clear division of power between three federal branches. A national executive elected indirectly by the citizens through theElectoral Collegeheld military, treaty-making, judicial nomination, and legislative approval (or veto) powers.

In order to prevent an all-powerful chief executive, the legislative branch was granted the powers of impeachment and veto override in addition to the approval of judicial appointments. Finally, the judicial branch was given the power to weigh in on federal and interstate legal disputes with the power ofjudicial reviewestablished later by court precedent inMarbury v. Madison.

Checks and Balances in the Federal Government

Examples of Checks and Balances

The most basic example of a check and balance occurs with legislation. Due to the threat of a presidential veto, Congress must pass bills that they believe the President will sign into law. Since the President can veto any bill, collaboration on policy goals is imperative. Because the President cannot be too powerful, the Constitution allows Congress to override the veto with a two-thirds vote in both the House and Senate.

The precedent of judicial review has become the greatest check on the power of the legislative and executive branches by the courts. When it is found by the Supreme Court to be unconstitutional, the legislation, policy, or action becomes void.

The impeachment process is a powerful tool of the legislative branch to hold the executive and judicial branches accountable. Individual presidents and /or judges can and have been impeached for abuse of power or failure to follow the laws of the nation.

The Supreme Court can be overridden through an amendment to the Constitution. While difficult to accomplish, the Supreme Court can have its decisions challenged. Previous rulings can also be changed over time if the composition of the Court changes. The nomination of judges by the President and approval by the Senate is another check on the Supreme Court.

Checks and Balances in the Constitution

The U.S. Constitution undeniably outlines the different roles and responsibilities of each of the three branches of government at the federal level. The following are some examples of specific roles and abilities of each branch.

Fig. 2: U.S. Constitution

The House of Representatives v. the President:

The Vice President v. the Senate:

The Senate v. the President:

The Congress v. the President:

The Executive v. Legislative Branch: