Constitutional Topic: Checks and Balances

The Constitutional Topics pages at the USConstitution.net site are presented to delve deeper into topics than can be provided on the Glossary Page or in the FAQ pages. This Topic Page concerns Constitutional Checks and Balances. The entire Constitution, especially Articles 1, 2, and 3.

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

Checks on the Judiciary

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

Checks on the Legislature - because it is bicameral, the Legislative branch has a degree of self-checking.

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