The system of checks and balances is a principle of government that divides the powers and responsibilities of the government among three branches: the legislative branch, the executive branch and the judicial branch. Each branch has certain powers that can be checked by the powers given to the other two branches. This way, no branch can become too powerful or abuse its authority.
Why is the system of checks and balances important?
The system of checks and balances is important because it protects the rights and freedoms of the people from tyranny or despotism by the government. The framers of the U.S. Constitution were influenced by the ideas of philosophers like Polybius, Montesquieu, John Locke and others who argued that a just and fair government must separate and balance the powers among different branche. James Madison, one of the founding fathers, wrote in the Federalist Papers: "If men were angels, no government would be necessary...In framing a government which is to be administered by men over men, the great difficulty is this: You must first enable the government to control the governed; and in the next place, oblige it to control itself."
How does the system of checks and balances work?
The system of checks and balances works by giving each branch some **control over** or **influence on** the actions of the other branches. Here are some examples of how this works in practice:
| Branch | Power | Check by another branch |
| --- | --- | --- |
| Legislative | Makes laws | Executive can veto laws; Judicial can declare laws unconstitutional |
| Executive | Enforces laws | Legislative can override veto; Judicial can declare executive actions unconstitutional |
| Judicial | Interprets laws | Legislative can impeach judges; Executive can appoint judges |
These are not the only checks and balances in the U.S. government. There are many other ways that each branch can limit or amend the actions of another branch. For example, Congress can initiate constitutional amendments to reverse Supreme Court decisions; the president can issue executive orders or pardons; the Supreme Court can review executive orders or lower court rulings.
What are some examples of checks and balances in action?
There have been many instances in U.S. history where the system of checks and balances has been used to resolve conflicts or disputes between different branches of government. Here are some examples:
- In 1937, President Franklin D. Roosevelt proposed a plan to expand the Supreme Court from nine to 15 justices, in order to appoint more judges who would support his New Deal policies. This was seen as an attempt to undermine the judicial branch's independence and authority. Congress rejected his plan, and some of his own party members opposed it. The Supreme Court also started to uphold more of his legislation, reducing his need to change the court's composition.
- In 1973, Congress passed the War Powers Act, which limited the president's ability to commit U.S. troops to foreign conflicts without congressional approval. This was a response to President Richard Nixon's involvement in the Vietnam War, which many lawmakers and citizens opposed. Nixon vetoed the act, but Congress overrode his veto. The act remains controversial, as some presidents have argued that it infringes on their constitutional role as commander in chief.
- In 2019, President Donald Trump declared a national emergency at the U.S.-Mexico border, in order to divert funds from other sources to build a wall along the border. This was after Congress refused to allocate enough money for his wall project in a spending bill. Several lawsuits were filed against his declaration, challenging its legality and constitutionality. The Supreme Court allowed the diversion of funds to continue while the cases were pending, but later ruled that Trump could not use military funds for the wall.
I hope this helps you understand how the system of checks and balances effectively limits and controls the exercise of governmental power. If you have any questions or feedback, please let me know.