Constitutional Topic: Checks and Balances

Source material for this topic page include the Constitution, Government
by the People by James Burns, J.W. Peltason, and Thomas Cronin
(Prentice-Hall, Englewood Cliffs, NJ, 1984), and Constitutional Law by
Daniel Hall (Lawyers Cooperative Publishing, Albany, NY, 1997).

The American constitutional system includes a notion known as the Separation of Powers. In this system, several
branches of government are created and power is shared between them. At the
same time, the powers of one branch can be challenged by another branch. This
is what the system of checks and balances is all about.

There are three branches in the United States government as established by
the Constitution. First, the Legislative branch makes the law. Second, the
Executive branch executes the law. Last, the Judicial branch interprets the
law. Each branch has an effect on the other.

Legislative Branch

• Checks on the Executive
  • Impeachment power (House)
  • Trial of impeachments (Senate)
  • Selection of the President (House) and Vice President (Senate) in the
    case of no majority of electoral votes
  • May override Presidential vetoes
  • Senate approves departmental appointments
  • Senate approves treaties and ambassadors
  • Approval of replacement Vice President
  • Power to declare war
  • Power to enact taxes and allocate funds
  • President must, from time-to-time, deliver a State of the Union
    address
  • Senate approves federal judges
  • Impeachment power (House)
  • Trial of impeachments (Senate)
  • Power to initiate constitutional amendments
  • Power to set courts inferior to the Supreme Court
  • Power to set jurisdiction of courts
  • Power to alter the size of the Supreme Court
  • Bills must be passed by both houses of Congress
  • House must originate revenue bills
  • Neither house may adjourn for more than three days without the consent
    of the other house
  • All journals are to be published

  Executive Branch

  • Checks on the Legislature
    • Veto power
    • Vice President is President of the Senate
    • Commander in chief of the military
    • Recess appointments
    • Emergency calling into session of one or both houses of Congress
    • May force adjournment when both houses cannot agree on adjournment
    • Compensation cannot be diminished
    • Power to appoint judges
    • Pardon power
    • Vice President and Cabinet can vote that the President is unable to
      discharge his duties