Omar Bennett
Checks and balances is a system in the US government that ensures no one branch becomes too powerful. The idea of checks and balances, which is a separation of power, was first proposed by the Greek statesman Polybius, in reference to the government of ancient Rome. During the Age of Enlightenment, French philosopher Baron de Montesquieu discussed in his work, “The Spirit of Laws,” the need for the separation of powers to prevent despotism. The framers of the US Constitution built a system that divides power between the three branches—legislative, executive and judicial—and includes various limits and controls on the powers of each.
| Characteristics | Values |
|---|---|
| Origin | The idea of checks and balances was first proposed by the Greek statesman Polybius, in reference to the government of ancient Rome. |
| During the Age of Enlightenment, French philosopher Baron de Montesquieu discussed the need for the separation of powers to prevent despotism. | |
| The framers of the U.S. Constitution were influenced by Montesquieu and William Blackstone, among others. | |
| Purpose | To ensure no one branch becomes too powerful. |
| To prevent despotism. | |
| To secure the liberty of the people. | |
| Examples | Bicameralism reduces legislative predominance. |
| The presidential veto gives the President a means of defending his priorities and preventing congressional overreach. | |
| The Senate’s role in appointments and treaties provides a check on the President. | |
| The courts are assured independence from the political branches through good-behaviour tenure and security of compensation. | |
| Judicial review allows the courts to check the other two branches. |
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What You'll Learn
- The idea of checks and balances was first proposed by Greek statesman Polybius
- French philosopher Baron de Montesquieu discussed the need for the separation of powers to prevent despotism
- The framers of the US Constitution built a system that divides power between the three branches: legislative, executive and judicial
- The US Constitution features many checks and balances, including bicameralism, which reduces legislative predominance
- Judicial review became an important part of the US government, giving the courts the power to examine the actions of the legislative and the executive and administrative arms of government
The idea of checks and balances was first proposed by Greek statesman Polybius
The idea of checks and balances, which is a separation of power, was first proposed by the Greek statesman Polybius, in reference to the government of ancient Rome. In his analysis of the government of Ancient Rome, Polybius identified it as a "mixed" regime with three branches: monarchy (the consul, or chief magistrate), aristocracy (the Senate) and democracy (the people). These concepts greatly influenced later ideas about separation of powers being crucial to a well-functioning government.
Centuries later, the Enlightenment philosopher Baron de Montesquieu wrote of despotism as the primary threat in any government. In his famous work "The Spirit of the Laws", Montesquieu argued that the best way to prevent this was through a separation of powers, in which different bodies of government exercised legislative, executive and judicial power, with all these bodies subject to the rule of law. Montesquieu's work on checks and balances was influenced by Polybius' earlier work on the separation of powers. Many of the Founding Fathers had read Polybius and even quoted him on this issue during the Federal Convention of 1787 and the subsequent State Conventions on ratification.
The framers of the U.S. Constitution built a system that divides power between the three branches—legislative, executive and judicial—and includes various limits and controls on the powers of each. For example, bicameralism reduces legislative predominance, while the presidential veto gives the President a means of defending his priorities and preventing congressional overreach. The Senate’s role in appointments and treaties provides a check on the President. The courts are assured independence from the political branches through good-behaviour tenure and security of compensation. Judicial review, the power of the courts to examine the actions of the legislative and the executive and administrative arms of government to ensure that they are constitutional, became an important part of government in the United States.
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French philosopher Baron de Montesquieu discussed the need for the separation of powers to prevent despotism
The idea of checks and balances, which is a separation of power, was first proposed by the Greek statesman Polybius, in reference to the government of ancient Rome. However, the idea was later discussed by French philosopher Baron de Montesquieu during the Age of Enlightenment. In his work, *The Spirit of Laws,* Montesquieu argued for the need for the separation of powers to prevent despotism.
Montesquieu is famous for his articulation of the theory of separation of powers, which is implemented in many constitutions throughout the world. He is also known for doing more than any other author to secure the place of the word 'despotism' in the political lexicon. His anonymously published *The Spirit of Law* (1748), which was received well in both Great Britain and the American colonies, influenced the Founding Fathers of the United States in drafting the US Constitution. Montesquieu's work was subject to censorship, but its influence outside France grew with rapid translation into other languages. Montesquieu's ideas were also influenced by Bodin and Bolingbroke, and he viewed despotism, monarchy, and republic as 'ideal types' to which governments in practice would only imperfectly conform.
In *The Spirit of Laws*, Montesquieu argued that in a democracy, the corruption of the government sets in when the people attempt to govern directly and try 'to debate for the senate, to execute for the magistrate, and to decide for the judges'. Montesquieu implied that some form of separation of powers is necessary to a democracy, but he did not develop this point.
The framers of the US Constitution, who were influenced by Montesquieu and William Blackstone among others, saw checks and balances as essential for the security of liberty. The Constitution features many checks and balances, including bicameralism, which reduces legislative predominance, and the presidential veto, which gives the President a means of defending his priorities and preventing congressional overreach. The courts are assured independence from the political branches through good-behaviour tenure and security of compensation, and, through judicial review, the courts check the other two branches.
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The framers of the US Constitution built a system that divides power between the three branches: legislative, executive and judicial
The US Constitution features many checks and balances to ensure that no one branch becomes too powerful. For example, bicameralism reduces legislative predominance, while the presidential veto gives the President a means of defending his priorities and preventing congressional overreach. The Senate’s role in appointments and treaties provides a check on the President, and the courts are assured independence from the political branches through good-behaviour tenure and security of compensation.
Judicial review, the power of the courts to examine the actions of the legislative and the executive and administrative arms of government to ensure that they are constitutional, became an important part of the US government, despite not being expressly covered in the text of the Constitution. Other checks and balances include the presidential veto of legislation (which Congress may override by a two-thirds vote) and executive and judicial impeachment by Congress.
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The US Constitution features many checks and balances, including bicameralism, which reduces legislative predominance
The idea of checks and balances, which is a separation of power, was first proposed by the Greek statesman Polybius, in reference to the government of ancient Rome. During the Age of Enlightenment, French philosopher Baron de Montesquieu discussed in his work, 'The Spirit of Laws', the need for the separation of powers to prevent despotism. The framers of the US Constitution were influenced by Montesquieu and William Blackstone, among others, and saw checks and balances as essential for the security of liberty.
Other checks and balances in the US Constitution include the presidential veto of legislation, which gives the President a means of defending his priorities and preventing congressional overreach. The Senate's role in appointments and treaties also provides a check on the President. The courts are assured independence from the political branches through good-behaviour tenure and security of compensation, and through judicial review, the courts check the other two branches.
Judicial review, the power of the courts to examine the actions of the legislative and the executive and administrative arms of government to ensure that they are constitutional, became an important part of the US government, although it is not expressly covered in the text of the Constitution. Executive and judicial impeachment by Congress is also a check and balance, as is Congress's power to appropriate funds.
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Judicial review became an important part of the US government, giving the courts the power to examine the actions of the legislative and the executive and administrative arms of government
The idea of checks and balances, which is a separation of power, was first proposed by the Greek statesman Polybius, in reference to the government of ancient Rome. During the Age of Enlightenment, French philosopher Baron de Montesquieu discussed in his work, *The Spirit of Laws*, the need for the separation of powers to prevent despotism.
The framers of the US Constitution built a system that divides power between the three branches – legislative, executive and judicial – and includes various limits and controls on the powers of each. Judicial review became an important part of the US government, giving the courts the power to examine the actions of the legislative and the executive and administrative arms of government. For example, the presidential veto gives the President a means of defending his priorities and preventing congressional overreach. The Senate’s role in appointments and treaties provides a check on the President. The courts are assured independence from the political branches through good-behaviour tenure and security of compensation.
Checks and balances are used by a wide range of global organisations that seek to check the power of different nations, organisations, and individuals within said organisations. Groups such as NATO, the UN, the World Trade Organization (WTO), and the International Criminal Court (ICC) all employ checks and balances in their organisational structures.
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Frequently asked questions
The Greek statesman Polybius, in reference to the government of ancient Rome.
To ensure that no one branch of government becomes too powerful.
By dividing power between the legislative, executive and judicial branches, and including various limits and controls on the powers of each.
Judicial review, the presidential veto of legislation, and executive and judicial impeachment by Congress.
Montesquieu and William Blackstone, among others.
