US CONSTITUTION

Q # 09: Discuss the system of check and balances provided in U.S constitution

1) Introduction

The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances. The framers of the U.S constitution were trying to establish limited government and strongly struggling to prevent America from dictatorship. The system of checks and balances is used to keep the government from getting too powerful in one branch. So they have provided a system based on theory of separation of power along with internal check and balances .

2) Influence of check and balances on U.S constitution

The system of check and balances influences on the U.S constitution greatly. But now the American adopted this theory in practice while they did not drafted it in the constitution. The system of Check and balances forbids the constitution to share the powers with one department that’s why constitution gave small powers to each of the department.

3) Origin of Check and balances

A French writer, along with the theory of separation of power, he has explained the separation of power as a tool for check and balances on other departments. US Governments Separation of powers and the system of checks and balances. In theory, the Legislative Branch, the Executive Branch, and the Judicial Brach are designed to keep each other in check, and to keep any branch from becoming too powerful. In reality, the system was designed to keep the president from becoming some kind of dictator .

4) Importance of system

After the formation of U.S government, the framers of the Constitution thought it was best if the government was divided into three branches, the legislative, executive, and judicial branches. Each of the sections would also have its own separate powers: the legislative branch creates laws, the executive branch enforces laws, and the judicial branch interprets laws. This was done so that no one branch would become too dominant. The concept of separation of powers is directly related to the system of checks and balances because each branch has its own set of powers (balances), and some of the capabilities that each branch has makes sure that another branch doesn’t abuse its power (checks).

5) Purpose of check and balances

The purpose of system of checks and balances is based on the law following are the purposes of this system

1. Declaration of liberty

All people have right to enjoys the free exercise of religion, freedom of speech, the system of check and balance prevents the departments to overrule on the rights of people
2. Fatal omission
The purpose of this system of check and balance is to control the departments from using of their powers illegally and stops the departments from fatal omission by which the right of the people may can be affected
3. Checks and balances
The Constitution attempted to limit the power of central government through checks and balances. A key principle was separation of powers have been applied on those who make laws, enforce laws, and interpret laws should be independent and capable of limiting each other’s power.
4. Provision of rights
The purpose of check and balance is to provide rights to the people And tell them about rights for which they are entitled likewise any department cannot suppress their rights

6) Working check and balances

1. Check on congress
The American congress is empowered to make law for the country but any bill passed by the congress cannot become a law until it has received the assent of the president. American president has power to refuse to give his assent and send the bill back to congress. President controls the congress by his veto power .
2. Check on president
It is said that American president is the most powerful person in the world. The president is the chief executive of the country and is given vast powers. However he cannot exercise his powers unlawfully. The senate and Supreme Court can check him. Supreme can declare his act unconstitional through his power of judicial review. President makes high ranked appointment but all are subject to the approval of the senate. The American congress is empowered to impeach the president. The senate control internal policy and administration of president
3. Check on judiciary
The president and the congress have certain checks on judiciary. The U.S president appoints the judges of Supreme Court and congress gives his approval for their appointment. Congress fixes the salaries of the judges. Judiciary is powerful but not free from checks. The congress can impeach the judges and judges can declare unconstitutional, laws passed by the congress. As well as president has power to pardon to criminals .

7) Principal of separation of power and check and balance

Due to a system of checks and balances, the legislative, executive, and judicial branches’ powers overlap, and each branch uses some power over the others. … The Judicial Branch checks on the presidential acts reviews executive acts and checks on Congress and reviews law, Executive branch checks on judicial branch and courts actions and checks congress and their acts as legislation, congress checks on the judicial acts and presidential acts and can impeach the president and vice president .

8) How checks and balance works

Not only does each branch of the government have particular powers each branch has certain powers over the other branches. This is done to keep them balanced and to prevent one branch form ever gaining too much power.
For example:

Congress may pass laws……..but the President can veto them.
The President can veto laws…….but Congress can override the veto with a 2/3 vote.
The President and Congress may agree on a law……….but the Supreme Court can declare a law unconstitutional.
The President can appoint Judges and other government officials…….but Senate must approve them.
Supreme Court judges have life terms…….but they can be impeached.

9) Conclusion

The framer of the U.S constitution has provided the system of check and balances. All the department of the government have vested in vast powers but none of them can exercise their power unlawfully. Due to check of other two departments upon one department ,this system keep the department not to use his powers unlawfully and stop to becoming more powerful than other

THE LEX