Checks And Balances Essay

The system of checks and balances is one of the most crucial parts of the constitution. It ensures that the legislative, executive, or judicial branch doesn’t become too powerful by requiring each branch to “check” the powers of the other branches. Additionally, the judicial branch has the task of judicial review, which is the process of the judicial branch of government to review actions made by the legislative and executive branches of government. To ensure that the power of judicial review isn’t abused, checks are applied to this process so one branch doesn’t overpower the others.

Congress can create a new law or amend the constitution as a check to judicial review. Additionally, the Supreme Court must ratify, or approve by vote, any actions

Madison established the process of judicial review. The Judiciary Act of 1801 had been established, which added 10 additional district courts, expanded the number of circuit courts from three to six, and added additional judges to each circuit, which gave the President the authority to appoint Federal justices and justices of peace. William Marbury had been appointed as a Justice of the Peace in the District of Columbia by John Adams, who was going to leave office the next day. But, when John Adams left office, the new president, Thomas Jefferson, elected new judges and Marbury was forced to leave. Marbury was outraged, so he took his case to court and stated that he “had the right to his job”. The case ruled that Marbury did in fact have the right to his job, and congress immediately counteracted the Judiciary Act of 1801 with the Judiciary Act of 1802, which allowed the Judicial Branch to operate under the previous Judiciary Act of 1789 and additionally created the power of judicial review. But, to make sure that this power wouldn’t be abused in the future, congress added checks to balance this