Checks and Balances
Definition: The system of checks and balances extends the restrictions
established by the separation of powers. Each branch of government has the
built-in authority and responsibility to restrain the power of the other two
branches. This system makes government less efficient but also prevents tyranny
by one branch of government.
How is it Applied Today?
Example: Executive branch can veto bills but Legislative branch can overturn the veto
- Demonstrates checks and balances as the legislative branch can keep the president from making supreme decisions.
Example: Executive branch is Commander-in-Chief of the Army and Navy but only congress (legislative) can declare war
- Demonstrates checks and balances as the president does not have full command over the military.
Example: Court can declare laws unconstitutional
- Demonstrates checks and balances as ;aws made by the legislative branch can be negated by the federal courts.
But how has it Been Applied Over Time?
Magna Carta (1215): Established that the power of the monarchy was not absolute.
- Demonstrates checks and balances as the people were able to force the king to sign a document, limiting his power.
visit http://www.constitution.org/eng/magnacar.htm to learn more.
Charter Colonies (1776-1780): Judges in charter colonies were appointed by the legislature, but appeals could be taken from the colony courts to the king.
- Demonstrates checks and balances as appeals do not have to be put through the federal courts; instead, the king could oversee them.
visit http://historion.net/brief-history-united-states/chapter-vii-how-colonies-were-governed to learn more.
Firs State Constitutions (1776-1780): Each branch of government was given power in which to check the other branches.
- Demonstrates chacks and balances as each branch was responsible for keeping the other branches in line.
visit http://teachergenius.teachtci.com/the-first-state-constitutions/ to learn more.
Charter Colonies (1776-1780): The king's approval was required before each governor could take office.
- Demonstrates checks and balances as no government official could not enter office unless "checked" by the king; an example of a branch of
government.
visit http://historion.net/brief-history-united-states/chapter-vii-how-colonies-were-governed to learn more.
Virginia Plan (1787): The members of the upper house, the Senate, were to be chosen by the House from lists of persons nominated by the State legislatures.
- Demonstrates checks and balances as each peice of government acts in separate ways in order to reach a conclusion in chosing members of the senate.
visit http://www.ourdocuments.gov/doc.php?flash=true&doc=7 to learn more.
Virginia Plan (1787): Congress was to have the power to veto any State law in conflict with national law.
- Demonstrates checks and balances as Congress was able reform any unnecessary laws.
visit http://www.ourdocuments.gov/doc.php?flash=true&doc=7 to learn more.
Virginia Plan (1787): Congress had the power to force a state to obey national law.
- Demonstrates checks and balances as congress could revise any state that steps outside of national law.
visit http://www.ourdocuments.gov/doc.php?flash=true&doc=7 to learn more.
Royal Colonies: Laws passed by legislature had to be approved by the governor and the crown.
- Demonstrates checks and balances as laws passed by the legislature were not functional unless by consent of the state governor and king.
visit http://www.laughtergenealogy.com/bin/histprof/misc/royal.html to learn more.
Albany Plan (1754): A;bany Plan was rejected by the colonies and the crown.
- Demonstrates checks and balances as the Albany Plan could not function unless by consent of the colonies and parliament.
visit http://www.constitution.org/bcp/albany.htm to learn more.
Declaration of Independence (1776): Gave right to people to alter or abolish government if it had become too destructive.
- Demonstrates checks and balances as the people were able to review and negate government power.
visit http://www.history.com/topics/declaration-of-independence to learn more.