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Merits and demerits of checks and balances
Merits and demerits of checks and balances
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As such, they split the power between the state and central government, federalism, so that one government does not have more power than the other. Also, the three branches were made to spread power and to check each other so that one branch cannot rule the other. The Constitution also protects the chance of tyranny in congress, by determining the number of representatives in the House of Representatives by the state’s population and each state shall have 2 senators representing them in Senate. The constitution made laws guarding against one power having more than another, guarding against tyranny. Federalism splits power between the state and federal government, protecting each government to not gain more power than another.
1.) The legislative branch basically conceives the law while the executive I believe, is the main enforcer after the president signs whatever reform/bill into law. So, I guess I 'll go with the Executive Branch since it is home to the Department of State because its our foreign ministry. 2.) Yes and No.
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 accumulation of all powers… in the same hands, whether one, a few, or many… may be justly pronounced the very definition of tyranny. ”-James Madison. Fifty-five delegates, from the thirteen states, met in Philadelphia in May of 1787 to discuss and revise the Articles of Confederation. The chief executive and the representatives worked to create a frame for what is now our Constitution. The Constitution guarded against tyranny in four ways; Federalism that creates a State and Federal government, Separation of Powers that gives equal power to the three branches, Checks and Balances that create balance in the three branches by checking each other and being checked and the Small States vs the Big States ensures an equal voice for all states no matter what their size.
These checks are ones on the president, executive branch, and just government, in general, to make sure they are not overstepping their powers. Checks and balances are important because it keeps people in power faithful to the constitution and the rule of law. The checks include branches of government such as the Judiciary, otherwise known as the Courts, who work as a neutral arbiter. For instance, when President Trump issued his third provisions of the travel ban, it still had denied the rights of Muslims under the 14th Amendment stating “equal protection” from coming into the country (Cornell). That is when the Hawaii federal judge, Derrick Watson, stepped in and blocked the major controversial parts of the order.
In document C there are the 3 branches of government and arrows pointing from one to the other telling us how each branch checks one another. Some of these are, the president can veto different laws if he does not like them, but Congress can override this veto and pass the law anyways if they have a majority vote to override it. The Courts can declare acts of either branch as unconstitutional. Congress can also impeach members of any other branch and can remove them from office. All of this means that whatever one branch does, it must go through the other two so no corrupt laws can be passed.
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 three branches were established by the Constitution and divided into executive, legislative, and judicial. The executive branch consists of the president and his cabinet, the legislative branch consists of Congress, the Senate, and the House of Representatives, and the judicial branch consists of the Supreme court and other federal courts. Focusing on the judicial branch, the Constitution has established the Supreme Court as the only court to make decisions of national importance. One strength of this branch is that it holds the power to provide equal justice and determine if the laws passed by Congress are constitutional through appeals, trials, and review. “Put simply, for federal theorists judicial supremacy exists because it must:
All hold different powers and, therefore, can check the power of the other branches. Document C says “…the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other…. They should not be so far separated as to have no constitutional control over each other.” Even though all three branches have their own jobs, they all rely on each other for many things. For example, the legislative branch can make a law, but the executive branch can veto it.
In addition, the executive branch was responsible for enforcing or vetoing laws passed by Congress (in addition to its other powers). As for the judiciary, it is responsible for interpreting federal laws and the constitution and for overseeing the decisions made by the federal and state courts. Before when it was unable to address economic and boundary disputes, the judiciary under the constitution was able to address a wide range conflicts. Above all, these three branches of government share equal power to prevent one form of government from becoming too
The branches of Government When the constitution was written it was written so that no one person could have all the power of the government. The constitution wanted to make sure that all people could have the benefits of the federal government but still live with separate state laws. Because no man is immune from enticements of evil, none can be trusted and invested with limitless power. (Lapeer, RUsseell W. issue 6 p. 2).
An example of checks and balances is the executive branch is getting check by the legislative branch. If the legislative branch does not announce the nominate what the president selects they think that the president will gain much power
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.
Therefore, power has been justly distributed between each division of government. Checks and balances are yet another form of separation of powers in the government. As the Constitution was initially written, there were checks and balances preventing any one branch of becoming too powerful. Since we still follow the same Constitution (with a few amendments) those checks and balances are still used.
These are the balances in the 3 branches of power. The legislative branch, executive branch, and judicial branch. In the constitution, there is a diagram showing which branch has power for each other. This protects against an absolute power because if each branch checks on each other, it is certain that they will not become powerful than one another. In document C, it states “the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other….