Checks and Balances Essay

The doctrine of separation of powers developed over many centuries. This practice doctrine can be traced to the British Parliament's gradual assertion of power and resistance to royal decrees during the 14th century. Political theorist, John Locke wrote about the concept of separation of powers in his Second Treatise of Government (1690). In the United States, the separation of powers is a fundamental constitutional principle. The framers of this Constitution saw the need to divide power within the government to prevent a single group from ruthlessly taking over the country. Articles I through III of the Constitution of the United States place each of the basic powers of government in a separate branch. This

To prevent from one branch of government having all power, and therefore having tyranny, (Madison FP # 47) Checks and Balances was added to the defenses of the constitution. There are three branches of government: Legislative Branch (Congress), Executive Branch (President), and Judicial Branch (The Courts). These three branches work together to check one another to make sure the power is evenly distributed and balanced, hence the name Checks and Balances. The way it works is that the Legislative Branch (Congress) can check the Executive Branch (President) by approving Presidential nominations, being able to override a President’s veto, and can impeach the President, him or her, from office. The Legislative Branch can check the Judicial Branch by having Senate confirm Presidential nominations and by being able to impeach judges and remove them from office. The President can check the Legislative Branch by vetoing Congressional legislation, and can check the Judicial Branch by nominating judges. The Judicial Branch can check the Legislative Branch by declaring laws unconstitutional, and can check the Executive Branch by declaring presidential acts unconstitutional. (Madison FP # 51) All three branches of government work together to make sure no branch is abusing their limited power, by using the system Checks and

Did you know the framers of the constitution belt a checks and balance system into the government? There are three branches the executive, legislative and judicial the checks and balance were put in place to ensure that no one branch would be more powerful than the others. These checks and balances include the presidential Veto, the ability of congress to Impeachment and, judicial review.

When the framers of our revered Constitution came together to produce our governing system, they wanted to avoid the precedent of an all powerful entity that could control its citizens. They broke governments role into three important phases, which were the power to make laws, the power to interpret laws, and the ability to enforce them. To further decentralize these authority holding organizations, they created a system that allowed each of the three sections to have a say in each of the others ability to exercise said authority. This organization of overlapping power is referred to as a checks and balances system and was intended to create three equal powers to govern the United States. Over the years since its

There are two major factors that affect the confirmation process of a president’s nominees; one is party affiliation. Party affiliation is very important when the Senate is confirming a nominee, because Senate confirms nominees by a ⅔ vote. This could be very crucial to the president and his or her nominee, because if the majority of the Senate is part of the opposing party, this becomes difficult for the president to get his nominee confirmed. The second political factor is qualification to become a judge or justice. The Senate does not want an unqualified judge who does not know what he or she is doing. It is important to the Senate to approve someone who has experience in the judicial field than someone who has no experience at all. The

There is an open seat in the supreme court. Since the death of justice Antonin Scalia in February 2016, President Barack Obama has attempted to appoint judge Merrick Garland to fill this vacancy. However, the currently Republican U.S. Senate has refused to act on the nomination. This is not the first time the Senate has disagreed with the president's choice of nominee. The Senate confirms just around eighty percent of the president's nominations. There is a strong rationale behind this two-tiered appointment system. Seats in the Supreme Court are extremely important positions to hold; the Supreme Court has the role of interpreting the text of the Constitution and using that interpretation

The system of checks and balances is a procedure in which systems allows each branch of government to limit the powers of the other two branches. These checks allow each branch to block the actions of another branch. When Congress has the power to pass laws, the president can check this power by vetoing a bill before it becomes an actual law. Congress also has the same power and can check the president’s power by overriding the veto if two-thirds of the majority in Congress vote in each house. The Judicial Branch can also check these actions of the other two branches. The Supreme Court can declare that a law, treaty, or an executive action is unconstitutional. Basically, the system of Checks and Balances is to balance out each branch and limiting each branch’s power. (Page 162 9.2)

In order to protect against tyranny, a system of checks and balances was designed to keep any one of the three branches from gaining more power than another branch. According to James Madison, “the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other…(The three braches) should not be so far separated as to have no constitutional control over each other.” (Doc C) He thought each of the three braches could watch one another and keep them in check. They have the ability to control portions of the other branches. If one branch does something unacceptable, another branch can step in and overrule the branch in question. An example of this is that the President has the ability to veto legislation if Congress passes a law that is too extreme. At the same time, the Legislative branch has the power to override a veto by the President or even impeach the President. (Doc C) Without a system of checks and balances, one of the three branches could gain control over the others allowing tyranny. This structure framed into the constitution gave assurance that the powers would oversee each other and not allow major shifts among

Today, Supreme Court Nominee’s, Neil Gorsuch, Confirmation hearing came near conclusion on a very confrontational note with the Senate’s Principal Democrat threatening to filibuster. This would complicate the way the senate “conducts its business”. The Republicans eager to confirm Gorsuch only have a 52-majority instead of the 60-majority that is necessary. However, they say he will be confirmed anyway, even if it means removing the filibuster option and allowing nominees to be confirmed with a simple majority vote. Senate Minority Leader Charles E. Schumer’s decision to filibuster was not unexpected but it will increase tension in the senate. “If this nominee cannot earn 60 votes — a bar met by each of President Obama’s nominees, and George Bush’s last two nominees — the answer isn’t to change the rules. It’s to change the nominee,” he said. Although the democrats do not have the votes to block this motion, his filibuster will publicize the resistance in the Congress.

Each branch in the government has a little bit of control over each other making sure not one branch gets out of hand. The president can veto congressional legislation and the president nominates judges for the courts. The Judicial branch can declare presidential acts unconstitutional and can declare laws unconstitutional as well. The Legislative branch can approve Presidential nominations, override a President’s veto, remove him or her from office, and the senate confirms the President's nominations, Congress can impeach judges and remove them from office(Doc

According to document C the judicial branch may declare executive or legislative acts unconstitutional, the executive branch may veto legislative acts and appoint members of the supreme court, and the legislative branch may override a veto(with a two thirds majority) and amend the Constitution. The system of checks and balances protects against tyranny because it keeps each branch of government from misusing its powers. The branches cannot become too powerful if another branch has a way of nullifying the actions of

[Checks and balances prevents any branch from having too much power by making three branches work together. Each branch has some power over the other branches. Doc C is a chart that shows how power is divided and the government needs to check with each other to make their laws. James Madison was the author of the Federalist papers #51.] According to doc C “The constant aim is 2 divide and arrange the several offices in such a manner as that they maybe a check on the other…( The three branches) should not be so far separated as to have no constitutional control over each other”.

Our country is divided into two major sides, one in which has a higher advantage, with conflicting opinions on how the government should run. The Republican and Democratic parties are based off of tribalism. Confirmation hearings are seemed to be controlled by the Republicans, due to the higher count of people in their party. For example, earlier this month, the Republicans decided to run through the confirmation process very quickly, and the Democrats were not happy about it. The republicans set up up to nine confirmation hearings within a week and several supposedly hadn't filled out all the financial disclosure and ethics paperwork.

The president can appoint judges and other officials, but the senate must approve of them first.

The separation of powers and checks and balances is a system that was created in America by the founding fathers in the constitution of the United States. The separation of power plays an important role of keeping the three branches which are legislative, executive, and judicial in the government systems equal to one another and that neither branches becomes too powerful. Each branch has its very own power and duties to serve to the people and government. All three branches play a significant role in checks and balances and separation of powers, in our government and rely on each other to make sure that all of the power is equally distributed.