Describe how the three branches of U.S government each work to check and balance the powers of the others. Give examples of how these checks and balances keep any one branch from becoming too powerful.
The three branches of the U.S. government are the Legislative branch, the Executive branch, and the Judicial branch. These branches were designed to work with a system of checks and balances, ensuring that no one branch becomes too powerful by limiting their actions and providing oversight from the other branches.
1. Legislative branch (Congress): Congress is made up of two houses - the House of Representatives and the Senate. Its primary role is to make laws, and it can check the powers of the other branches in several ways.
• Checks on the Executive branch: Congress has the power to override a presidential veto with a two-thirds majority from both houses. The Senate also confirms or rejects the President's nominees for federal positions, such as judges and cabinet members. Furthermore, Congress has the power of impeachment and removal, allowing it to charge and potentially remove the President, Vice President, and other federal officers for "high crimes and misdemeanors."
• Checks on the Judicial branch: Congress has the authority to establish lower federal courts and set their jurisdiction. Additionally, the Senate confirms or rejects nominees for federal judgeships, including the Supreme Court. Congress also has the power to impeach and remove federal judges for misconduct.
2. Executive branch (President and administration): The President enforces and implements federal laws and serves as the commander-in-chief of the military. The Executive branch has checks over the other branches as well.
• Checks on the Legislative branch: The President can veto bills passed by Congress, making it necessary for both houses to achieve a two-thirds majority to override the veto. The President can also influence legislation by proposing legislation or using their public platform to sway public opinion.
• Checks on the Judicial branch: The President has the authority to nominate judges for the federal courts, including the Supreme Court. In this way, the President can shape the judicial branch for years to come.
3. Judicial branch (Federal courts, including the Supreme Court): The Judicial branch interprets and applies the law in federal cases. It serves as a check on the other branches through its powers of judicial review.
• Checks on the Legislative branch: Through judicial review, the courts, especially the Supreme Court, can declare laws passed by Congress to be unconstitutional, effectively nullifying the legislation. This power was established in the landmark case Marbury v. Madison (1803).
• Checks on the Executive branch: The federal courts have the ability to interpret and enforce the Constitution in cases involving the actions of the President and the administration. The courts can rule that executive orders or actions are unconstitutional, limiting the power of the Executive branch. For example, the Supreme Court ruled in United States v. Nixon (1974) that the President could not use executive privilege to withhold evidence in a criminal investigation.
In summary, the three branches of the U.S. government each have powers that allow them to limit and oversee the actions of the other branches. This system of checks and balances helps to prevent the concentration of power in any one branch and maintain the democratic principles upon which the United States was founded.