Checks And Balances In Article I Of The Constitution

John Adams said, “Liberty once lost, is lost forever.” This is the main reason the American Founders placed so many safeguards in our nation’s Constitution. Many ideas and theories the founders used when writing the Constitution were from philosophers of the Age of Enlightenment. Specifically, the French writer, Baron de Montesquieu was perhaps the most influential with his political ideas (We the People: The Citizen and the Constitution 25). The founders created the three separate branches: Executive, Judicial and Legislative, to ensure that America is never again governed by a tyrant; however, an intricate system of checks and balances is necessary in order to ensure the equality of these branches. This system of checks and balances

The Legislative branch is comprised of the two houses of Congress, the upper house, the Senate, and the lower house, the House of Representatives. These separate houses are a result of the Great Compromise, envisioned by Roger Sherman to placate both, the larger and smaller states. The lower house contains a total of 435 representatives, elected every two years, based on proportional representation. The House of Representatives alone obtains the power of Impeachment. The lower house has the power to tax. The Senate, the upper house, encompasses two Senators from each State, elected every seven years. The Vice President is the President of the Senate but they only attain a tiebreaking vote. The Senate has the unique power to try all Impeachments. While a tax must emanate from the lower house, the upper house may suggest or agree with new revenue bills. Every bill must pass the House of Representatives and the Senate before it can proceed to President. If the President disagrees with a bill he may veto it and send it back to Congress. The only way Congress can pass a bill once it has been vetoed by the President is with a two-thirds majority in each house. Congress has the sole power to regulate trade, declare war, raise an army and to produce laws seen as “necessary and proper” (Spalding, Matthew, and David Forte F 21-26). This works to prevent the Legislative branch from

The Judicial power is bestowed on one Supreme Court and any lower courts which Congress sees the need to establish. Congress decides on the amount of Supreme Court Justices the Supreme Court is comprised of. Supreme Court Judges serve for life, or until they choose to retire. The Judicial branch has power over all cases under the Constitution. The checks of the Judicial branch are included in the Fourteenth and Fifth Amendments in a due process clause which protects the rights of the accused from being encroached upon. Also, the Judicial branch is able to check the other two branches, through Judicial Review which originated from the Supreme Court case, Marbury v. Madison. Madison wrote in the Federalist 51 “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary” (Stewart, David O 54). This quotation works as a good summary for the purpose of the checks and balances as it shows the necessity for government of the people but also the need for limitations to be placed on the