Who Checks Who?
Checks and balances. Balance of power. We hear these concepts mentioned frequently. But why are they important, and who checks whom?
The Founders believed that no branch of government should become too powerful and that separation of powers is necessary to protect liberty and prevent tyranny. These beliefs were grounded in the Bible (Jeremiah 17:9) as well as being advocated by enlightenment philosophers of the time. Montesquieu wrote, “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty . . . there is no liberty if the judiciary power be not separated from the legislative and executive.”
So, how does this play out in real life? We often look at each branch of government from the perspective of the powers given by the Constitution . . . and rightfully so. But when was the last time you thought about how each branch checks the other branches? It’s a slightly different take on the same subject and worth examining.
LEGISLATIVE BRANCH
Article I of the Constitution gives the legislative branch of the government the sole power to make laws. But how does it serve to “check” the other branches?
Check on Executive Branch:
- Can override a presidential veto with 2/3 vote.
- Can impeach and remove the president.
- Approves presidential appointments and treaties (through the U.S. Senate).
- Controls the budget (“power of the purse”).
Check on the Judicial Branch:
- Can impeach federal judges.
- Can propose and pass constitutional amendments to overturn court decisions.
- Confirms judicial nominees (through the U.S. Senate).
EXECUTIVE BRANCH
We’ve taken a look at the powers of the president through executive orders, proclamations, and memos. We also know he has appointment powers and is the Commander-in-Chief, and Head of State. According to Article II of the Constitution, the president is responsible for enforcing the laws. But how does the Chief Executive serve as a check on other branches?
On Legislative Branch:
- Can veto bills passed by Congress.
- Can call special sessions of Congress.
On the Judicial Branch:
- Appoints federal judges, including Supreme Court justices.
- Can grant pardons and reprieves for federal crimes.
JUDICIAL BRANCH
Article III of the Constitution gives the judicial branch the primary role of interpreting the law. Some judges are specifically given life terms so that they can be independent from the person and party who appointed them. Their checks and balances take place as follows:
On Legislative Branch:
- Can declare laws unconstitutional.
On Executive Branch:
- Can declare executive actions unconstitutional.
No matter how often I study it, I’m continually amazed at the forethought of our Founding Fathers. I believe that they were uniquely educated but also divinely inspired! Nearly 250 years after our founding, we still see evidence of the wisdom they wrote into law.
“It is important, likewise, that the habits of thinking in a free Country should inspire caution in those entrusted with its administration, to confine themselves within their respective Constitutional spheres; avoiding in the exercise of the Powers of one department to encroach upon another.” ~George Washington
“In framing a government which is to be administered by men over men, the great difficulty is this: You must first enable the government to control the governed; and in the next place, oblige it to control itself.” ~James Madison
How does this relate to us as we aspire to vote wisely? First, of course, we hope to understand the roles to which we’re electing people. Secondly, since we want to see our nation flourish, it’s incumbent on us, as voters, to elect those who have the integrity and backbone to stand up to any person or branch of government trying to accrue too much power or wield it in an unconstitutional way.
It's through this accountability that we can help safeguard freedom.
