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  • Essay / Checks and Balances - 1169

    Checks and BalancesWhen the framers of our revered Constitution came together to produce our system of government, they wanted to avoid the precedent of an all-powerful entity that could control its citizens. They divided the role of government into three important phases, namely the power to legislate, the power to interpret laws and the ability to enforce them. To further decentralize these authority-holding organizations, they created a system that allowed each of the three sections to have a say in the ability of each of the others to exercise said authority. This organization of overlapping powers is called the system of checks and balances and was intended to create three equal powers to govern the United States. Over the years since its creation, the initially equal powers have become unbalanced, but to understand how the scales have tipped, one must understand the powers of each branch that allow them to fulfill their mission, the powers they have to balance the two others. branches, and the circumstances that led to a change in the power equation. For a national government to maintain order and guarantee liberty, it must first legislate the policies it believes its citizens should follow. The first part of our system of checks and balances is the legislative branch of government. Their share of overall authority is addressed in the first article of the Constitution because the Framers “believed that legislating was the most important function of a republican government” (Janda, Berry, Goldman, & Hula, 2009). This branch is called Congress and is divided into two sections, one is the House of Representatives and the other is the Senate. Together, these two sections have powers that are directly listed in ...... middle of document ......09). Congress is supposed to enact laws, and the ability of judges to change them with court decisions shows how far their power can extend beyond what the system of checks and balances intended. The last aspect that shows how powerful this branch can be is that of the judges. Originally, the lifetime appointment was supposed to relieve them of the pressures of trying cases, but this is a double-edged sword. Judges, without fear of reprisal, show the power they possess. Overall, the development of judicial review, the lifetime appointment of judges, and the ability to change laws led to an imbalance of judicial power between the three branches of government. References Janda, K., Berry, J., Golman, J., & Hula, K. (2009). The Challenge of Democracy: American Government in a Globalized World. Boston: Wadsworth.