Checks and Balances
When the Constitution was found, three branches of government were created. These branches became knows as, the legislative branch, the judicial branch, and the executive branch. The idea of splitting the government into three branches was known as the Separation of Powers. This split the governments power into three branches, where each branch had a specific role in the government. Each branch is independent and has a separate function than the other, but they work together. They work with each other, but at the same time prevent another branch from getting too much power. The relationship between all three branches is called the system of checks and balances.
The system of checks and balances would be used to make sure that all the branches are checking on each other. This system limited the powers of the president, Congress, and the Supreme Court. To prevent a tyrannical government from existing, the system of checks and balances splits power equally, and makes sure each branch of government is balanced (lawteacher). The legislative branch, which is headed by Congress; legislates laws, and has the power to impeach the president (law.cornell). The executive branch, headed by the president; enforces laws passed by Congress, and has the ability to veto a proposed law (archives). The judicial branch, headed by the Supreme Court; interprets laws, and judges if laws are constitutional (usconstitution). These are only the basic powers of each branch. Here is how the system of checks and balances looks in picture:
Sections and Powers of Each Branch
Congress consists of two houses-the Senate, and the House of Representatives. There are 100 senators in the Senate; two senators are elected from each state (britannica). Each senator is elected by their state, and serves a term of six years. All nominations made by the President, the Supreme Court, and federal courts must be approved by the Senate to be in effect (britannica). Also, the Senate has the job of of putting an official on trial, if he committed a serious crime. In the House of representatives, there are 435 representatives (house). The amount of representatives for each state is based on the population of the state, therefore, California has the highest amount of representatives, because it is the most populated state (house). The House of Representatives is more directly involved with the people, since they introduce laws and propose resolutions (house).
The executive branch includes the president, the vice president, and members of the cabinet. The president enforces laws, commands the military, appoints cabinet members, and appoints Supreme Court justices; the vice president is the head of the Senate (heritage). When Congress votes to propose a law, and the votes are tied, then the vice president has the ability to vote. The cabinet gives advice to the president about important matters, and they are made up from the 15 departments of government (whitehouse).
The judicial branch consists of the Supreme Court, and other federal courts. The Supreme Court checks on the Legislative branch by judging if a law passed is constitutional, meaning that it follows the constitution. If a law is considered unconstitutional, then the law will not be passed (lawteacher). The Supreme Court is the highest court on national level, whatever they say is final, and will not be changed. Also, the Supreme Court interprets laws, meaning that they define what a law means, and if it is relevant in a situation (usconstitution). The Supreme Court consists of nine judges, one judge is the Chief Justice, meaning that he or she has the final say in everything. Not only do the branches check on each other, they also check on themselves.
The executive branch includes the president, the vice president, and members of the cabinet. The president enforces laws, commands the military, appoints cabinet members, and appoints Supreme Court justices; the vice president is the head of the Senate (heritage). When Congress votes to propose a law, and the votes are tied, then the vice president has the ability to vote. The cabinet gives advice to the president about important matters, and they are made up from the 15 departments of government (whitehouse).
The judicial branch consists of the Supreme Court, and other federal courts. The Supreme Court checks on the Legislative branch by judging if a law passed is constitutional, meaning that it follows the constitution. If a law is considered unconstitutional, then the law will not be passed (lawteacher). The Supreme Court is the highest court on national level, whatever they say is final, and will not be changed. Also, the Supreme Court interprets laws, meaning that they define what a law means, and if it is relevant in a situation (usconstitution). The Supreme Court consists of nine judges, one judge is the Chief Justice, meaning that he or she has the final say in everything. Not only do the branches check on each other, they also check on themselves.
How a Branch Checks itself
In the executive branch, the cabinet and the vice president can declare that the president is unable to do his tasks, and therefore he will be tried. In the legislative branch, the bills must be passed by both houses to enter legislation stage, where they begin writing the bill (usconstitution). If the houses don't agree on passing the law, then it dies in the process of legislation. Each branch can check on itself except for the judicial branch. The reason the judicial branch can't check itself is because they don't elect anyone, and their only job is to interpret laws, and see if an act is constitutional. For more help on the system of checks and balances watch the video below.
Question of Debate
When we look at the government today, we see that they are slow at creating and enforcing laws. The reason for this is the system of checks and balances. This system makes sure that no branch is stronger, or has more power than another branch. This means that the president isn't constitutionally allowed to do anything out of his limits, because he will be checked by Congress, and the Supreme Court. The same applies for Congress, they aren't constitutionally allowed to pass any laws without forwarding the bill to the president, where he can just simply vetoe it. Since checks and balances limits the power of all the branches, and that most of the time Congress, and the president disagree on a law, the government becomes less effecient because there are not that many laws that are passed, since they don't agree with each other. If the president had too much power, he could develop more laws, and would be more effecient in the government. However, if he is given too much power, then he could possibly abuse his powers, and turn into a tyrant. Although the system of checks and balances slows down the process of passing, and enforcing laws, it is necessary to protect the rights of the people from tyranny.