Checks and Balances Examples in the US Government

The framers of the US Constitution created three branches of government to work in balance and coordination with one another. While each branch holds unique powers according to the government’s blueprint, they utilize these separated powers to achieve a common goal—upholding the United States Constitution—and to govern by the rule of law. The three branches of the United States Government include:

1. 1. The executive branch: Responsible for approving and executing the law, this branch includes the President, Vice President, and the fifteen executive members of the cabinet. The President of the United States has the power to declare a state of emergency or issue a presidential pardon to someone guilty of a crime. The President can also veto legislation, appoint judges to the US Supreme Court, and enact executive orders. Article II of the Constitution outlines the powers of the executive branch.
2. 2. The judicial branch: The judicial branch interprets the law and includes the Supreme Court and other federal courts. The Supreme Court reviews each law the legislative branch passes to decide if the law conforms to the US Constitution. Federal judges also review the actions and criminal inquiries of members of the executive and legislative branches. Article III of the Constitution outlines the judicial powers of the judiciary.
3. 3. The legislative branch: The legislative branch creates laws and limits the executive power of the President and the judicial power of federal courts. The legislative branch consists of the House of Representatives and the Senate. These groups of elected officials share the legislative authority to declare war, balance the budget, and overturn a veto by the President with a two-thirds majority vote. Article I of the Constitution outlines the power of the legislative branch.

Checks and balances refer to the principles and procedures inherent in the three-branch system that spread constitutional control across more than one group, reducing the risk of improper behavior or the centralization of power. In forging the three branches of government, the founding fathers established a system of checks and balances in which one branch could check the constitutionality and the power of the other two branches. Any powers not attributed to the federal government fall to the individual state governments.

Eighteenth-century French political philosopher Baron de Montesquieu wrote about the importance of these checks and balances in The Spirit of Laws (1748), expanding on the ideas of the Greek historian Polybius. Montesquieu argued that despotism threatened all forms of government and that separate branches of government should possess fields of responsibility and political power to challenge the other branches. These internal conflicts between the branches would ensure that one branch could not obtain enough power to dominate the other branches or oppress the common citizenry.

James Madison, Alexander Hamilton, and the framers of the Federalist Papers (1778) used Montesquieu’s idea of division of powers to establish the parameters of their separated government. They illustrated this separated structure in Article I and Article II of the Constitution. These articles provided each branch with a responsibility, as well as guidelines for political nominations, impeachment proceedings, and the appropriation of funds. The framers’ goal was to develop a fair and just system of governance that would look very different from the government they had just defeated in the American Revolution.

Checks and balances work in many ways throughout the different branches of government. Some examples of checks and balances include:

1. 1. Amendments to the Constitution: Congress can check the Supreme Court’s decisions by passing Constitutional amendments.
2. 2. Impeachment: Congress has the power of impeachment and may impeach members of the executive and judicial branches. The House of Representatives initiated impeachment proceedings for President Andrew Johnson in 1868 (acquitted by Senate), President Richard Nixon in 1974 (resigned), President Bill Clinton in 1998 (acquitted by Senate), and President Donald Trump in 2019 and 2021 (acquitted by Senate).
3. 3. Judicial review: The judicial branch may declare laws or presidential actions unconstitutional, but the president appoints judges in the court system. The Senate must approve the Supreme Court justices appointed by the president. The president may also pardon criminals.
4. 4. Military action: The president serves as the military’s commander-in-chief, but Congress must vote to declare war and approve military funding. The president can make peace treaties, but the Senate must approve them by a two-thirds vote.
5. 5. Nomination of officials: The president can nominate federal officials, but the Senate must confirm those nominations.
6. 6. Passage of laws: Within Congress, both the House of Representatives and the Senate must pass a bill in the same form for it to become a federal law.
7. 7. Veto power: When Congress passes a bill, the President can veto the bill; however, Congress may override the presidential veto with a two-thirds vote.

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