Checks and Balances

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.