Malcolm Rivera
The system of checks and balances is a fundamental element of constitutional democracy, designed to prevent any one branch of government from becoming too powerful and to ensure that power is distributed throughout a political system. The concept, which dates back to ancient Rome, involves rules and procedures that separate powers and create a system of controls to reduce mistakes, prevent improper behaviour, and decrease the risk of centralisation. In the United States, the three branches of government – legislative, executive, and judicial – are empowered to prevent actions by other branches and are induced to share power. The legislative branch makes laws, the executive branch enforces them, and the judicial branch can declare those laws unconstitutional. The President, as head of the executive branch, can veto laws passed by the legislative branch, and Congress can override the President's veto with a two-thirds vote. The Chief Justice of the Supreme Court presides over the trial of an impeached President.
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What You'll Learn
Separation of powers
The system of checks and balances in government was developed to ensure that no one branch of government would become too powerful. The framers of the U.S. Constitution built a system that divides power between the three branches of the U.S. government: the legislative, executive, and judicial branches.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through the Federal agencies, has responsibility for the day-to-day enforcement and administration of Federal laws.
The President (head of the executive branch) serves as commander-in-chief of the military forces, but Congress (legislative branch) appropriates funds for the military and votes to declare war. Congress has the power of the purse, as it controls the money used to fund any executive actions. The President nominates federal officials, but the Senate confirms those nominations. Within the legislative branch, each house of Congress serves as a check on possible abuses of power by the other. Both the House of Representatives and the Senate have to pass a bill in the same form for it to become law.
The Supreme Court can check the President by declaring executive orders as unconstitutional. Congress can check the power of the courts through impeachment. It can vote to remove judges from office. The President checks the power of the courts by appointing new judges. The power of the Supreme Court can greatly change based on a single appointment.
Checks and balances are the separation of power to prevent one entity or body from wielding too much power. They are rules and procedures to reduce mistakes, prevent improper behaviour, or decrease the risk of centralization in an organization. They prevent any one person or department from having absolute control over decisions and force cooperation in completing tasks.
Checks and balances are fundamental elements of constitutional democracy that prevent the unconstrained exercise of power, improve the quality of decision-making, and ensure that mechanisms exist for preventing or penalizing unethical behaviour. They play a vital role in maintaining public confidence in the political system.
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Congressional committee system and investigative powers
The US Constitution divides the government into three branches: the legislative branch (Congress), the executive branch (the President), and the judicial branch (the Supreme Court). This system of checks and balances ensures that no one branch becomes too powerful and that each branch can keep the others in line.
Congressional committees have broad investigative powers. These powers include the ability to issue subpoenas to compel witnesses to produce documents, testify at committee hearings, and, in some cases, appear for depositions. Committees can generally adopt their own procedural rules for issuing subpoenas, taking testimony, and conducting depositions. However, they are also subject to the rules of the full House or Senate. For example, in the House, deposition procedures are subject to regulations issued by the Chair of the Committee on Rules.
The investigative powers of congressional committees are crucial in enabling Congress to serve as a check on the other branches of government. For instance, during the controversy over the renewal of the charter of the Bank of the United States, a committee appointed by the House of Representatives investigated the operations of the bank, including the appointment of individuals without the Senate's consent. Additionally, the Rules of the 117th Congress reauthorized two oversight select committees: the Select Committee on the Climate Crisis and the Select Subcommittee on the Coronavirus Crisis. A new bipartisan committee, the Select Committee on Economic Disparity and Fairness in Growth, was also established to investigate and make recommendations on policies to ensure inclusive economic growth.
Congress can check the power of the President through impeachment, and by approving or disapproving the President's appointments. The Supreme Court can check the President by declaring executive orders unconstitutional, and the Congress can check the Supreme Court through impeachment and by approving the President's judicial appointments.
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Impeachment and removal from office
The United States Constitution divides the government into three branches: the legislative, executive, and judicial. The system of checks and balances ensures that no one branch of the government becomes too powerful.
Impeachment is a process that contributes to the system of checks and balances by allowing for the removal of government officials who engage in misconduct or wrongdoing. The legislative branch, through the House of Representatives, has the power to impeach federal officials, including the President, Vice President, and all civil officers. The House initiates impeachment proceedings by approving articles of impeachment by a simple majority vote. This triggers a federal impeachment trial in the United States Senate, which is the second step in the impeachment process. The Senate acts as a High Court of Impeachment, considering evidence, hearing witnesses, and voting to acquit or convict the impeached official. A two-thirds majority is required to convict an official and remove them from office. The Senate can also bar an individual from holding future federal office with a simple majority vote.
The impeachment process is a fundamental component of the system of checks and balances, providing a mechanism to hold government officials accountable for their actions. It is separate from criminal or civil trials, and the President cannot pardon an impeached individual. While the Constitution limits the grounds for impeachment to "'treason, bribery, or other high crimes and misdemeanors,'" the exact definition of "high crimes and misdemeanors" has been debated and is not explicitly defined in the Constitution.
As of 2025, there have been over 60 impeachment inquiries initiated by the House, resulting in 21 impeachments, including three presidents. Of those impeached, eight officials, all federal judges, were found guilty and removed from office.
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Presidential vetoes and overrides
The US Constitution divides the government into three branches: the legislative, executive, and judicial. The system of checks and balances ensures that no one branch becomes too powerful and that there is a separation of powers.
The President, as the head of the executive branch, has the power to veto bills passed by Congress. This is a significant tool that the President can use to prevent the passage of legislation. The President has 10 days (excluding Sundays) to act on legislation, after which it automatically becomes law. There are two types of vetoes: the "regular veto" and the "pocket veto".
A regular veto is a qualified negative veto, where the President returns the unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message". Congress can override the President's decision if it musters a two-thirds vote in each house. The first successful congressional override occurred on March 3, 1845, when Congress overrode President John Tyler's veto of S. 66.
A pocket veto is an absolute veto that cannot be overridden. The President can use this type of veto when Congress has adjourned and is unable to override the veto. The authority of the pocket veto is derived from Article I, Section 7 of the Constitution, which states that "the Congress by their adjournment prevent its return, in which case, it shall not be law." The first President to use the pocket veto was James Madison in 1812.
Presidential vetoes and congressional overrides can be controversial. For example, on November 7, 1973, Congress passed the War Powers Act, overriding an earlier veto by President Richard Nixon, who called it an "unconstitutional and dangerous" check on his duties as commander-in-chief of the military.
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Judicial review
The judicial branch, also known as the Supreme Court, plays a crucial role in maintaining the checks and balances system. One of its primary functions is to interpret the law and determine the constitutionality of laws and actions taken by the other two branches. This power of judicial review allows the courts to examine and evaluate the actions of the legislative and executive branches to ensure that they are in line with the US Constitution.
The Supreme Court can declare a law or executive order unconstitutional, effectively checking the power of the other branches. For example, the Supreme Court can review and strike down a law passed by Congress if it is found to violate the constitutional rights of citizens. This power of judicial review serves as a critical check on the legislative branch's law-making power.
Additionally, the Supreme Court can also check the power of the executive branch, particularly the President. While the President has the authority to appoint federal officials and judges, those appointments are subject to confirmation by the Senate, which is a part of the legislative branch. This process ensures that the executive power is balanced by the legislative branch's input and approval.
The judicial branch itself is also subject to checks by the other branches. The legislative branch, through Congress, has the power to impeach judges and remove them from office. This power of impeachment serves as a check on the judicial branch, holding judges accountable for their actions and ensuring they uphold the law impartially.
In summary, judicial review is a vital mechanism in the US system of checks and balances. It empowers the judicial branch to scrutinize the actions of the legislative and executive branches, ensuring that their exercises of power are in accordance with the US Constitution. By interpreting the law and determining the constitutionality of laws and actions, the judicial branch helps maintain a balance of power and protects against the concentration of power in any one branch of government.
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Frequently asked questions
Checks and balances are rules and procedures to reduce mistakes, prevent improper behaviour, or decrease the risk of centralization in an organization. They are fundamental elements of constitutional democracy that prevent the unconstrained exercise of power, improve the quality of decision-making and ensure that mechanisms exist for preventing or penalizing unethical behaviour.
The US government exercises checks and balances through its three branches: the legislative, executive, and judicial branches. The legislative branch makes laws, the President in the executive branch can veto those laws with a Presidential Veto, and the judicial branch can declare those laws unconstitutional.
Some examples of checks and balances in the US government include the congressional committee system and investigative powers, the role of political parties, presidential influence in initiating legislation, and presidential veto of legislation (which Congress may override by a two-thirds vote).
