Checks and balances refers to a system of separation of powers within a
government. The framework of separation is intended to balance governmental power to prevent any part of the government from overreaching
its defined responsibilities. The Constitution of the United States, written in 1787 and adopted in 1788, established a system of checks and balances for the U.S. federal government.
Systems of government throughout the world use different systems
of checks and balances. The Constitution defines three divisions of government for the United States: the legislative branch, the executive
branch, and the judicial branch. Each branch is responsible for a separate governmental function, and the conduct of each branch can be evaluated and challenged (or “checked”) by the other two branches, at least
to some extent.
The three branches
The legislative branch is made up of two separate chambers of Congress:
the Senate and the House of Representatives. Congress is responsible for
making the nation’s laws. Each chamber checks the power of the other,
as both need to approve bills (proposed laws) for them to become laws.
The legislative branch as a whole is checked by the powers of the other
two branches. The judicial branch has the ability to decide that a law is
unconstitutional and therefore invalid. It also has the power to interpret
what a federal law means. The executive branch has the ability, through
the president, to veto, or reject, a law passed by Congress. A presidential
veto can be overridden by a two-thirds vote of Congress.
The executive branch, led by the president, has the responsibility of
enforcing the nation’s laws. The armed forces as well as many administrative and regulatory departments and agencies are under the control of
the executive branch. The judicial branch checks the executive branch by
interpreting the laws in legal cases involving the executive branch and its
departments. The legislative branch balances the executive branch by
overriding presidential vetoes, approving presidential appointments, and
using the power to impeach and remove executive officers who commit
certain crimes.
The judicial branch consists of a system of federal courts, with the
U.S. Supreme Court at the top. The Supreme Court has the responsibility of hearing cases that involve constitutional questions and federal
laws, and it makes decisions based on its interpretations of those laws.
The executive branch has the ability to appoint judges as openings occur.
The legislative branch has to approve those appointments and has the
power to impeach judges if needed. By using amendments to rewrite
laws, Congress has the power to change the effect of a court’s interpretation of the laws.
The authors of the Constitution embraced the system of checks and
balances, knowing the danger of abuse of governmental power. By establishing three branches of government, they attempted to ensure that no
single branch would wield more power than the others by compelling
each branch to be checked by the other two. Over time, interpretation
of the Constitution and laws has created a complex system of ways in
which the checks and balances function.