Checks and Balances: Examining Examples of the Framers’ Intent in the Constitution
The U.S. Constitution serves as the fundamental legal framework of the United States government. It was written by our Founders to ensure that no one branch of government would be able to gain too much power. This includes the concept of checks and balances, a system by which each branch is able to prevent the others from enacting laws or policies that are too greatly in its favor. This article is an examination of some of the most famous examples of checks and balances in the Constitution.
Checks and Balances
Checks and balances are a core element of the U.S. government, as the framers of the Constitution did not want any one branch of government to gain too much power. Instead, they wanted each branch to have the power to check (or hold back) the actions of the other branches. This way, no branch can become all-powerful, and the shared power helps maintain a certain level of balance — hence, the term.
The Three Branches of Government
As established by the Constitution, there are three branches of government: the executive branch, the legislative branch and the judicial branch.
The Executive Branch
The executive branch is the branch of government responsible for enforcing the laws created by the legislative branch. It is headed by the president, who serves as the commander-in-chief of the armed forces, and is assisted by the Cabinet.
The Legislative Branch
The legislative branch is responsible for creating laws and overseeing their implementation. It is comprised of two separate chambers: the House of Representatives and the Senate.
The Judicial Branch
The judicial branch interprets laws and settles disputes. It is headed by the Supreme Court, with nine justices who serve for life or until they retire or resign.
Examples of Checks and Balances in the Constitution
Now that we’ve established the basics of what checks and balances are and the three branches of government, let’s examine some of the specific examples of checks and balances found in the Constitution.
- Legislative vs. Executive: Overriding a Presidential Veto
The executive branch has the power to veto any bill passed by the legislative branch. However, the legislative branch also has the power to override a presidential veto if they can secure the necessary two-thirds majority. This allows the legislative branch to ensure that their laws are enforced, even if the president does not agree with them.
- Legislative vs. Judicial: Impeachment
The legislative branch has the power of impeachment, meaning that it can remove a president or other high-ranking officials from office. This check is exercised by the legislative branch to maintain fairness, as the judicial branch is not able to remove a president or other officials from office on its own.
- Executive vs. Judicial: Appointing Judges
The executive branch is in charge of appointing judges, including to the Supreme Court. This means that the president is able to have an influence on the judicial branch. However, this power is ultimately checked by the Senate with its power to confirm or reject presidential nominees.
- Judicial vs. Legislative: Judicial Review
The judicial branch is responsible for interpreting laws and determining whether or not a piece of legislation is Constitutional. It has the power of judicial review, which allows the Supreme Court to declare that a law is unconstitutional and, therefore, null and void.
It is clear that checks and balances were a core element of the Framers’ intent in the Constitution. In order to ensure that no branch of government is able to gain too much power, each branch has a series of checks that it can use to restrain or prevent the actions of other branches. The examples discussed above are just a few of the many checks and balances that can be found throughout the Constitution.
