Definition of CHECKS & BALANCES:
The system of checks and balances extends the restrictions established by the separation of powers. Each branch of government has the built-in authority and responsibility to restrain the power of the other two branches. this system makes government less efficient but also prevents tyranny by one branch of government.
How is Checks and Balances applied today?
THE LEGISLATIVE BRANCH
- When President proposes a bill, both House and Senate first have to approve it. Then the president can sign the bill into law or veto it. If he vetoes it, Congress can override the bill and make it a law. The Judicial branch, though, can declare it unconstitutional.
- The Legislative Branch related to Checks and Balances because it can override the Presidents veto of a law.
THE JUDICIAL BRANCH
- The Court can declare laws unconstitutional. The Court can also declare presidential acts unconstitutional.
- Checks and Balances is almost like Separation of Powers, the power is divided into different branches allowing different people have different responsibilities.
THE EXECUTIVE BRANCH
- The President is the commander-in-chief of the army and the navy, but only Congress can declare war. He also nominates judges.
- This relates to Checks and Balances because the president is responsible for certain stuff.
How has Checks and Balances been applied over time?
The Magna Carta established the principle that the power of the monarchy was not absolute.
The English Bill of Rights prohibited a standing army in peacetime, except with the consent of Parliament, and required that all parliamentary elections be free.
Levying money for or to the use of the Crown, without grant of Parliament is illegal.
The first State constitutions differed, sometimes widely, in detail. Yet they shared many similar features.
The most common features were the principles of popular sovereignty, limited government, civil rights and liberties, and separation of powers and checks and balances.
The congress did not have the power to tax. It could raise money only by borrowing and by asking the States for funds.
The Declaration announces the independence of the United States in its first paragraph.
Much of the balance of the document speaks of “the repeated injuries and usurpation's” that led the colonists to revolt.
According to the Commerce and Slave Trade Compromise, Congress was forbidden the power to tax the export of goods from any State. It was also forbidden the power to act on the slave trade for a period of at least 20 years.
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- Magna Carta
- 1215
- It protected the peoples privileges and divided up the power to prevent the king from infringing.
- TO LEARN MORE ABOUT THE MAGNA CARTA, CLICK HERE!
The English Bill of Rights prohibited a standing army in peacetime, except with the consent of Parliament, and required that all parliamentary elections be free.
- Bill of Rights
- 1689
- It lays down limits on the powers of sovereign and sets out the rights of Parliament and rules for freedom of speech in Parliament, the requirement to regular elections to Parliament and the right to petition the monarch without fear of retribution.
- TO LEARN MORE ABOUT ENGLISH BILL OF RIGHTS, CLICK HERE!
Levying money for or to the use of the Crown, without grant of Parliament is illegal.
- English Bill of Rights
- 1689
- Levying money is contrary to the known laws and statues. It relates to Checks and Balances because the term "checks and balances" refers to a system of quality control that ensures things stay within the prescribed limits and guidelines.
- TO LEARN MORE ABOUT THE ENGLISH BILL OF RIGHTS, CLICK HERE!
The first State constitutions differed, sometimes widely, in detail. Yet they shared many similar features.
- The Tenth Amendment
- 1789
- The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Relates to Checks and Balances by stating that basically the power isn't just held in the hands of the government, but that each state has its own power in a way.
- TO LEARN MORE ABOUT THE TENTH AMENDMENT, CLICK HERE!
The most common features were the principles of popular sovereignty, limited government, civil rights and liberties, and separation of powers and checks and balances.
- Limited Government
- The power of government to intervene in the exercise of civil liberties is restricted by law, usually in a written constitution. Relates to Checks and Balances because both try and limit things, or separate things in the government to make sure no one has to much power.
- TO LEARN MORE ABOUT LIMITED GOVERNMENT, CLICK HERE!
The congress did not have the power to tax. It could raise money only by borrowing and by asking the States for funds.
The Declaration announces the independence of the United States in its first paragraph.
- The Sixteenth Amendment
- Allows the Congress to levy an income tax without apportioning it among the states or basing it on Census results. This amendment exempted income taxes from the constitutional requirements regarding direct taxes, after income taxes on rents, dividends, and interest were ruled to be direct taxes.
- TO LEARN MORE ABOUT THE 16 AMENDMENT, CLICK HERE!
Much of the balance of the document speaks of “the repeated injuries and usurpation's” that led the colonists to revolt.
- The Declaration of Independence
- 1776
- The Declaration of Independence relates to Checks and Balances because it was a document that stated that the thirteen colonies were no longer apart of the British Empire, they were apart of America now.
- TO LEARN MORE ABOUT THE DECLARATION OF INDEPENDENCE, CLICK HERE!
According to the Commerce and Slave Trade Compromise, Congress was forbidden the power to tax the export of goods from any State. It was also forbidden the power to act on the slave trade for a period of at least 20 years.
- The Commerce and Slave Trade Compromise
- 1800's
- The Commercial Compromise allowed Congress to regulate interstate and foreign commerce; including placing taxes on foreign imports, but it prohibited placing taxes on any exports. Relates to Checks and Balances because it states that it prohibited placing taxes on any exports.
- TO LEARN MORE ABOUT THE COMMERCE AND SLAVE TRADE COMPROMISE, CLICK HERE!
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