checks and balances

Examples of checks and balances in the following topics:

• The Division and Separation of Power

  • Each of the three branches would have defined powers to check the powers of the other branches.
  • This United States' form of separation of powers is associated with a system of checks and balances.
  • Courts check both the executive branch and the legislative branch through judicial review.
  • This view is a symbol of the Checks and Balance system of the United States Government.
  • Identify elements of the Constitution that demonstrate the check and balance system in the United States government

• Conclusion: The Development of the Constitution

  • The drafting and ratification of the United States Constitution was a long and arduous process, and one that shaped the future of the new nation.
  • The three-fifths compromise was another agreement made between northern and southern states related to the representation of slaves for purposes of legislation and taxation.
  • Constitution established three separate branches of government, each of which would have defined powers to check and balances out the powers of the other branches.
  • This idea of checks and balances arose from the fear many delegates held that any one branch could become too strong and mirror a monarchy, which they had just fought against in the Revolutionary War.  
  • While questions regarding the proper size and scope of the new national government created a divide among Americans and gave rise to political parties, a consensus existed among men on the issue of who qualified and who did not qualify as a citizen.

• The Effects of Watergate

  • As a result of the Watergate Scandal and Nixon's impeachment hearings, the public lost faith and trust in politicians and elected officials.
  • No words can describe the depth of my regret and pain at the anguish my mistakes over Watergate have caused the nation and the presidency, a nation I so deeply love, and an institution I so greatly respect.
  • The impact of the Watergate scandal was intense and far-reaching.
  • It was also noted that the Scandal had proved that the Constitution's system of checks and balances could function to force an abusive or tyrannical president out of power.
  • But by far the biggest impact of the crisis was the loss of the public's faith and trust in politicians and elected officials; cynicism concerning the ethics, behavior, and motives of elected officials would be deep and lasting.

• Washington's Farewell

  • Washington's Farewell Address became a classic statement of republican principles (such as education and religion) and public morality.
  • Washington posited that the American people's independence, safety, prosperity, and liberty, as well as peace at home and abroad, were dependent upon the unity between the states.
  • These treaties established the borders of the United States' southern and western territories and secured the rights of western farmers to ship goods along the Mississippi River to New Orleans.
  • In particular, he lauded the system of checks and balances and the separation of federal powers as important means of preventing a single person or group from seizing control of the country.
  • To this day, Washington's Farewell Address is considered to be a fundamental document in American history and still speaks to some of the difficulties that the United States faces in the twenty-first century, such as problematic foreign alliances and wars and escalating deficits in the national budget.

• The Branches of Government

  • Each branch would have defined powers to check the powers of the other branches.
  • This idea was called separation of powers, and also came to be known as a system of checks and balances.
  • The President has power "...with the Advice and Consent of the Senate" to make treaties and appointments to office, receive ambassadors and public ministers, and "...take care that the laws be faithfully executed."
  • The President exercises a check over Congress through his or her power to veto bills; however, Congress may override any veto by a two-thirds majority in each house.
  • Courts check both the executive and legislative branch through judicial review.

• Judicial Review and Marbury v. Madison

  • During this month, Adams and the Federalist Congress passed the Judiciary Act of 1801.
  • According to Marshall, the appointments, "... had been properly submitted and approved, and were therefore legally valid documents."
  • Thus, Marshall established the principle of judicial review, which strengthened the court by asserting its power to assess (and possibly nullify) the actions of Congress and the president.
  • As such, the case set an important precedent for the future of the U.S. government and further established the system of checks and balances between the branches of government.
  • Madison and the ensuing principle of judicial review

• The Virginia and New Jersey Plans

  • The resolutions proposed, for example, three new federal branches (legislative, executive and judicial).
  • Large states supported this plan and smaller states generally opposed it.
  • The concept of checks and balances was embodied in a provision that legislative acts could be vetoed by a council composed of the executive and selected members of the judicial branch.
  • In addition to the existing powers under the Articles of Confederation, Congress gained authority to raise funds via tariffs and other measures and to regulate interstate commerce and commerce with other nations.
  • The Articles of Confederation and treaties are the supreme law of the land.

• The Ratification Debate

  • The Constitution was debated, criticized, and expounded clause-by-clause.
  • The essays explored the proposed Constitution, defended its provisions, and outlined the ways in which its check and balances would prevent abuses of power.
  • The Constitution was proposed in September 1787, and by year's end states that were in favor (including Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut) had quickly ratified it.
  • Maryland and South Carolina also ratified, and then New Hampshire provided the all-important ninth ratification.
  • The newly elected Congress was a victory for Federalists, as the Senate included 20 Federalists and two Anti-Federalists, and the House would seat 48 Federalists and just 11 Anti-Federalists.

• The Ratification of the Constitution

  • These arguments were made most succinctly by three Federalists, Alexander Hamilton, James Madison, and John Jay, in a series of essays popularly referred to as "The Federalist Papers. " The essays explored the proposed Constitution, defended its provisions, and and outlined the ways that its checks & balances would prevent abuses of power.
  • Anti-Federalists, such as Patrick Henry, however, attacked the Constitution and suggested that it would lead to a dangerously powerful national government and cited the lack of a Bill of Rights as a dangerous omission in the Constitution.
  • Each state was to hold a convention to debate the Constitution and ratify or reject it.
  • The process of organizing the government began soon after ratification by Virginia and New York.
  • Patrick Henry was a Revolutionary War hero and prominent Anti-Federalist from Virginia.

• The European Crisis

  • In the early part of the 20th century, Europe was still a continent under the control of competing empires who maintained a balance of power through a series of fluctuating treaties known as the Concert of Europe.
  • Shortly before the outbreak of World War I these powers consisted of Germany, Austria-Hungary and the Kingdom of Italy in an association known as the Triple Alliance; Russia, France and the United Kingdom of Great Britain and Ireland made up the rival Triple Entente.
  • Austria-Hungary appealed to Germany, whose Emperor Wilhelm II offered a “blank check” providing any support necessary to win the war.
  • The Germans refused and the UK joined the battle alongside France.
  • Describe the provocation of war between Austria-Hungary and Serbia, and the resulting alliances that formed throughout Europe.