Checks And Balances
Checks and Balances, the constitutional controls whereby separate branches of government have limiting powers over each other so that no branch will become supreme. Perhaps the best-known system of checks and balances operates in the U.S. government under provisions of the federal Constitution.
Most national, state, and local governments have at least the mechanics of a system of checks and balances. Even dictatorial governments, otherwise scorning restraints on powers, provide internal checks to ensure proper performance by governmental agencies and to fix responsibility.
Theory of Checks and Balances. The concept of constitutional checks arose as an outgrowth of the classical theory of separation of powers, by which the legislative, executive, and judicial powers of government were held properly to be vested in three different units. The purpose of this, and of the later development of checks and balances, was to ensure that governmental power would not be used in an abusive manner. However, in its original form the concept involved social classes rather than …show more content…
The two houses of Congress legislate separately, and this legislation is subject to presidential veto; however, Congress, by a two-thirds vote of each house, can override a presidential veto. The judicial branch, in determining cases, may declare legislation unconstitutional, but the judiciary itself is subject to executive and legislative checking through the appointment of judges and the passage of legislation governing organization, procedure, and jurisdiction of the courts. There also is a possibility of amendment of the Constitution to reverse judicial determinations. Other constitutional checks are the possible legislative removal of the president and of judges by impeachment as well as approval by the Senate of treaties and major presidential appointments. (See also Constitution of the United
Most national, state, and local governments have at least the mechanics of a system of checks and balances. Even dictatorial governments, otherwise scorning restraints on powers, provide internal checks to ensure proper performance by governmental agencies and to fix responsibility.
Theory of Checks and Balances. The concept of constitutional checks arose as an outgrowth of the classical theory of separation of powers, by which the legislative, executive, and judicial powers of government were held properly to be vested in three different units. The purpose of this, and of the later development of checks and balances, was to ensure that governmental power would not be used in an abusive manner. However, in its original form the concept involved social classes rather than …show more content…
The two houses of Congress legislate separately, and this legislation is subject to presidential veto; however, Congress, by a two-thirds vote of each house, can override a presidential veto. The judicial branch, in determining cases, may declare legislation unconstitutional, but the judiciary itself is subject to executive and legislative checking through the appointment of judges and the passage of legislation governing organization, procedure, and jurisdiction of the courts. There also is a possibility of amendment of the Constitution to reverse judicial determinations. Other constitutional checks are the possible legislative removal of the president and of judges by impeachment as well as approval by the Senate of treaties and major presidential appointments. (See also Constitution of the United