key term - Checks and Balances

Definition

Checks and balances is a fundamental principle of government that distributes power among the different branches to prevent any one branch from becoming too powerful. It ensures that each branch of government has the ability to limit and influence the other branches, creating a system of mutual accountability and preventing the concentration of authority.

5 Must Know Facts For Your Next Test

1. Checks and balances are a key feature of the U.S. Constitution, designed to prevent any one branch of government from becoming too powerful.
2. The executive branch can check the legislative branch by vetoing bills, while the legislative branch can check the executive branch by overriding vetoes.
3. The judicial branch can check both the executive and legislative branches by ruling their actions unconstitutional through the power of judicial review.
4. Divided government, where different parties control the executive and legislative branches, can lead to increased checks and balances as the branches work to limit each other's actions.
5. The system of checks and balances is intended to promote cooperation and compromise among the branches, rather than a concentration of power in any one branch.

Review Questions

• Explain how the principle of checks and balances is manifested in the division of powers between the three branches of the U.S. government.
  • The U.S. Constitution establishes a system of checks and balances by dividing power among the executive, legislative, and judicial branches. This allows each branch to limit and influence the actions of the other branches, preventing any one branch from becoming too powerful. For example, the president (executive branch) can veto bills passed by Congress (legislative branch), but Congress can override a presidential veto with a two-thirds majority vote. The judicial branch, through the power of judicial review, can declare actions of the other branches unconstitutional. This system of mutual accountability and shared powers is a fundamental aspect of the American system of government.
• Analyze how the principle of checks and balances has been used to address the challenges of divided government and partisan polarization in the United States.
  • When the executive and legislative branches are controlled by different political parties, the system of checks and balances becomes particularly important. Divided government can lead to increased partisan polarization, as the branches work to limit each other's actions. However, the checks and balances built into the Constitution can also promote compromise and cooperation, as the branches must work together to enact legislation and implement policies. For example, the president's veto power can be used to block legislation from the opposing party, while Congress can use its power of the purse and oversight responsibilities to constrain the executive branch. The judicial branch can also play a role in resolving disputes between the other branches, upholding the Constitution and the rule of law. In this way, the checks and balances system helps to maintain a balance of power and prevent the concentration of authority, even in the face of divided government and partisan polarization.
• Evaluate the extent to which the system of checks and balances has been effective in protecting individual rights and liberties in the United States.
  • The system of checks and balances is closely linked to the protection of individual rights and liberties in the United States. By distributing power among the three branches of government, the checks and balances system helps to prevent any one branch from infringing on the rights of citizens. The judicial branch, in particular, plays a crucial role as the 'guardian of the Constitution,' using the power of judicial review to strike down laws or actions that violate individual rights. For example, the Supreme Court has used this power to protect freedom of speech, freedom of religion, and due process rights, among others. At the same time, the legislative branch can check the executive branch's use of power through oversight and the power of the purse, while the executive branch can veto legislation that threatens individual liberties. While the system of checks and balances is not perfect, and has faced challenges over time, it remains a vital safeguard for protecting the fundamental rights and freedoms enshrined in the U.S. Constitution.

Related terms

Separation of Powers:

The division of government into distinct branches (executive, legislative, and judicial) with separate powers, responsibilities, and areas of influence.

Federalism:

The division of power between the federal government and state governments, with each level having its own distinct authorities and responsibilities.

Judicial Review:

The power of the judicial branch to review the actions of the other branches of government and determine their constitutionality.