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System of Checks and Balances and Separation of Powers Under the US Constitution

Last reviewed: July 28, 2013 ~4 min read

System of Checks and Balances

Power

The concept of Separation of Powers and Checks and Balances is more or less the same thing. Both of these ideas were introduced into the government to ensure that one branch of the government does not have all the power. Another reason it was introduced was so that the responsibilities and duties are distributed among different areas to ensure that the government is doing its job perfectly. Separation of Powers is basically a model of government in which various parts of the government have different tasks. The three different branches of the United States government are Executive, Legislative and Judicial. Before we get into the history of separation of powers, it is only necessary to tell which branch is in charge of what activities.

The legislative branch is basically the Congress and its major responsibility is to approve acts and make them into laws. It deals with laws regarding trade, business, safety and other important factors. The Judicial branch concerns the courts and all their dealings. The executive branch is basically concerning the president and the cabinet. Separation of Powers was first applied in a government model in Greece and then was continued to be used in the Roman Republic.

This goes on to divide the government into distinct and independent areas. This is quite crucial because it states that no one branch of the government has more power than the other. If we look at the branches regarding the laws that are in the country, it is seen that the legislative branch creates the laws, the judicial branch interprets the laws and the executive branch goes on to enforce these laws.

It was stated earlier that one branch does not have all the power. To make things more complex and fair, each branch has some amount of power over the other branch. This is carried out so one branch doesn't dominate the government and does not attain the entire control. This concept is therefore known as Checks and Balances.

Because of Checks and Balances, no one part of the government becomes very powerful. Not only does this system maintain peace and justice, it also works to ensure that the branches are government area carrying out their duty in the correct way. Each part of the government works and checks to make sure that the power, the duties, and the responsibilities are balanced between the different branches.

In order to understand this system well, an example should be reviewed. For instance, if the legislative branch wishes to pass a law, the first step is to present this law as a bill. This bill is then sent o the executive branch and it cannot become a law until and unless the President approves of it. In case the President does not like the bill or feel as if it does not pertain to the Constitution of the United States, he will veto or reject it. If 2/3rd of the Congress votes in favor of the bill, the bill is then approved. This occurs because the majority of Congress voting overrides the president's veto.

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References
2 sources cited in this paper
  • Factmonster.com (2007). Checks and Balances | FactMonster.com. [online] Retrieved from: http://www.factmonster.com/ipka/A0777009.html [Accessed: 28 Jul 2013].
  • Ncsl.org (2005). Separation of Powers--An Overview. [online] Retrieved from: http://www.ncsl.org/legislatures-elections/legislatures/separation-of-powers-an-overview.aspx [Accessed: 28 Jul 2013].
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PaperDue. (2013). System of Checks and Balances and Separation of Powers Under the US Constitution. PaperDue. https://www.paperdue.com/essay/system-of-checks-and-balances-and-separation-97450

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