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Merits and demerits of checks and balances
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This guards against tyranny because neither of the governments can gain powers over the nation or the people. Since, the Legislative branch is the one that makes the laws, the Executive branch carries out the laws (enforces), and the Judicial branch
One of these ways was checks and balances. Document C shows what the three branches of government can do. For example the legislative branch can veto a president's veto, can impeach a president, and can approve presidential nominations. This keeps the executive branch in check with a more powerful branch able to undo unjust laws and get rid of a bad or unjust leader. In turn the executive branch can nominate judges to the judicial branch, and can veto congressional legislation.
While writing the constitution congress separated government into legislative, executive, and judicial branches in federal and state governments. According to Article 1 the legislative branch would create laws, the executive branch would enforce the laws, and the judicial branch would interpret laws. The goal of this was to ensure that the government of America did not have too much control over the people which is what Great Britain did to them in the revolutionary war. Including a system of checks and balances would ensure this to the people of America. In Federalist Paper #47 James Madison talks about how too much power would be bad.
In document C, there is a very useful chart that shows one way that each of the three branches of government (executive, legislative, and judicial) holds a little bit of power over the others. This is good because it means that no one part of government is above or below the others in terms of power, and there is always a way for one of them to be “checked” if they are becoming too tyrannical. For example, the President (executive) can veto Congressional legislation, but Congress (legislative) can impeach the President if necessary. Being able to “check” each other is one of the ways that the Constitution kept one group from having too much power. Another benefit of having the checks and balances system is that none of the three branches is so far apart from each that they have no power over the others, but they are far enough apart to prevent the power from accumulating.
The government is separated into three branches: Legislative, Judicial, and Executive. The Legislative branch makes the laws and according to Document B by James Madison, consist of a senate and the House of Representatives, which creates congress. The Judicial branch judges if laws are broken and the laws themselves, the Judicial branch is invested in one Supreme Court. The Executive branch, is the branch of government that enforces the laws, this category of government includes the president who can serve two terms of four years each along with the
There are many checks and balances placed upon each of the three government branches. These checks and balances were created to insure that each branch would have nearly equal power. In this way, no branch will be able to rise above the others in power. This system has worked very effectively over the past years, however, there have been several situations over the past years in which this system has been challenged. Leaders of the Executive branch such as William Howard Taft, or Franklin D. Roosevelt have tried to expand the power of the executive branch.
Writings from the 1700s are still impacting the US government today. Alexander Hamilton, James Madison, and John Jay wrote a combined of 85 articles and essay called the Federalist Papers to promote the ratification of the United States Constitution. These papers are still used today by federal judges when interpreting the constitution. In addition, they helped shape some aspects of the United States Government today. Some of the main Federalist papers that shaped the government are article 1, article 30, and article 47.
The next reference described a system of checks and balances used to make sure no one branch got control of too much power. The attached diagram showed the use of this system in your constitution and modern
The Executive Branch has the tie breaking vote, they advise the president, they can veto congressional legislation, and they command the armed forces. The Legislative Branch can introduce and pass bills, while the Judicial Branch determines whether or not the actions of people and the laws are constitutional. Checks and balances allow each government to keep one person from having all the power in the
After the Constitution was amended to fix the government, which in the end gave the national centralized government and limited the States’ governments, our forefathers created the concept of checks and balances between the legislative, judicial and executive powers of government. The forefathers wanted to help ease any problems with the government that they could foresee, so they implemented the system of checks and
The Federalist Papers were, and still are, very important to American History. These series of essays, mostly written by James Madison, Alexander Hamilton and John Jay, were published to persuade Americans to ratify the new constitution. The new constitution would replace the Articles of Confederation, what the American’s had been living under at the time. The constitution highlighted an issue that the articles did not; empowering the central government like never before. Allowing the central government to act in the interest of the United States.
In order to make sure that no one person was able to have all the power they created the different branches of government and the three branches that were created were the executive, the legislative and the judicial branches. The three branches of government worked together with checks and balances to make sure the power was equal within the government and fair.
In the United States, there are three branches of government; Legislative under which congress creates laws, Judicial under which the supreme court interprets the law and the Executive branch under which the president carries out the laws. This is also called checks and balances. The purpose of this process is to limit the power of the government. If we did not have these countermeasures checks on the branches, anyone could become overpowering.
The idea of the Three Branches government was mainly inspired by Enlightenment ideas from Baron de Montesquieu, who wrote the Spirit of Laws. The discussion of separation of powers and checks and balances in the Spirit of Laws greatly influenced the American Founders and the design of the U.S. Constitution, as well as the Three Branches of Government. The three main branches are key components to keeping America Free. Firstly, the Legislative branch takes charge of drafting laws that are proposed, having the authority to declare war or reject presidential nominees for Federal Agencies, The Supreme Court, and Agency Heads. Secondly, the Executive branch involves the president, vice president, and their advisors, responsible for implementing the laws of the land.
The Checks and Balances are the ways that the three branches of government check each other to make sure each one doesn’t go crazy with power. Legislative Branch checks the Judicial Branch, Judicial Branch checks the Executive Branch, and the Executive Branch checks the Legislative Branch. (Document C). This helps guard against tyranny because each of the branches can check the other one to make sure the branches don’t get too much power. The final way that the constitution helped guard against tyranny was the Big States and Small States Compromise.
