KNOW THE LAW

What are the Checks and Balances of Government?

Checks and balances in government refers to the system that ensures no single branch (executive, legislative, or judicial) becomes too powerful. Each branch has the authority to limit the powers of the others, thus promoting cooperation and preventing abuse of power. In this way, the framers of the US Constitution sought to preserve a democratic form of government. For example:

  • The Executive branch negotiates peace treaties, and the Senate ratifies them

  • Congress can pass a law, and the President must sign the bill or veto it

  • The judicial branch can declare a law or a presidential action unconstitutional

  • The president appoints federal judges, who must be confirmed by the Senate

  • Congress can impeach members of both the executive and judicial branches

Read more: https://www.history.com/articles/checks-and-balances

WHY DOES THIS MATTER?

If the balance of power shifts too much towards any one of the three branches, it threatens to tear apart the fabric of our democracy.

For example, the President has signed over 160 Executive Orders (EOs), many of which are intended to change the balance of power between the three federal branches. While EOs do not require Congressional approval, under our Constitution, the Executive branch cannot create new laws, appropriate funds, prevent distribution of funds already appropriated by Congress, or change the constitution. Normally the response to such EOs would be legislation passed by Congress to right the situation, or action by the federal courts.

Link to more civics topics: http://lwvsonoma.org/CivicsMenu