checks and balacnes

Cards (10)

  • Checks and balances allow each branch of government to limit the powers of the others.
  • These powers are often exclusive to one branch.
  • Prevents any branch from having unchecked power, reducing the risk of despotism.
  • Example: The President (executive) appoints Supreme Court justices, but the Senate (legislative) must approve them.
  • Protects Individual Rights
    Effectiveness: The judiciary safeguards individual rights by reviewing laws and actions of the executive and legislative branches to ensure they align with the Constitution
    .Evidence: Judicial review, established in Marbury v. Madison (1803), allows courts to invalidate unconstitutional laws and actions.
    Example: In Brown v. Board of Education (1954), the Supreme Court struck down school segregation, ruling it violated the Equal Protection Clause, demonstrating how the judiciary protects rights, even against other branches.
  • Prevents Abuse of Power
    Effectiveness: Dividing power among three branches prevents any one from becoming too dominant, ensuring no unchecked control.
    Evidence: Checks and balances allow each branch to limit the others. For instance, the president can veto legislation, but Congress can override it, and the judiciary can rule laws unconstitutional.
    Example: The Watergate scandal (1970s) led to Nixon’s resignation, as the judiciary and legislative branches held him accountable for abuse of power, demonstrating effective separation of powers.
  • Encourages Deliberation and Accountability
    Effectiveness: The separation of powers ensures more debate and scrutiny, leading to well-considered decisions
    Evidence: In the U.S., bills must pass both the House and Senate before reaching the president, requiring negotiation and multiple points of revie
    .Example: The Affordable Care Act (2010) underwent intense scrutiny by both Congress and the Supreme Court, which upheld key provisions, demonstrating how separation of powers fosters accountability in policy changes.
  • not effective
    . Executive Overreach and Lack of Enforcement
    • The executive branch can bypass legislative checks through executive orders, signing statements, or emergency powers.
    • Example: President George W. Bush issued signing statements to ignore parts of laws passed by Congress, such as restrictions on torture.
  • nto effective Partisan Politics Weakens Oversight
    • When one party controls multiple branches of government, checks and balances may become ineffective because party loyalty can prevent accountability.
    • Example: During Donald Trump’s presidency, the Republican-controlled Senate refused to convict him in his first impeachment trial despite strong evidence of abuse of power regarding Ukraine.
  • Presidential Power Expands Despite Congressional Oversight
    • The executive branch often bypasses Congress through executive orders, emergency declarations, and national security justifications.
    • Example: War Powers Ignored – The U.S. Constitution gives Congress the power to declare war, but presidents have sent troops abroad without formal declarations (e.g., Vietnam War, Iraq, Syria). The War Powers Act (1973) was meant to limit this, but it has largely been ignored.