Checks and 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?
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Checks and Balances is applied through a system that was made to keep the balance of power between the three branches of government. According to social studies help "As we have already seen our Constitution is very much a reaction to the events that came before it. Our founding fathers had several goals, foremost among those goals was to avoid tyranny. In order to do this several different systems were set up to prevent the abuse of power. Federalism was one of these systems. Federalism was designed to balance the power of the national and State governments and thus limit the powers of the national government. Jefferson and others were convinced that state government was closer to the people and thus more democratic.Another system that was developed was the system of checks and balances. Checks and balances, or the separation of powers, is based upon the philosophy of Baron de Montesquieu. In this system the government was to be divided into three branches of government, each branch having particular powers."
Another example of how checks and balances is applied today?
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Checks and Balances are also applied through impeachment can get a president out of office. The legislative branch has the power to impeach the president. According to about.com "It's the last thing you would ever think could happen to an American President. Since 1841, over one-third of all American Presidents have either died in office, became disabled, or resigned. However, no American President has ever been forced from office due to impeachment.In fact, only four times in our history, has Congress held serious discussions of impeachment:
In the senate
- Andrew Johnson was actually impeached when Congress became unhappy with the way he was dealing with some post-Civil War matters, but Johnson was acquitted in the Senate by one vote and remained in office.
- Congress introduced a resolution to impeach John Tyler over state's rights issues, but the resolution failed.
- Congress was debating his impeachment over the Watergate break-in when President Richard Nixon resigned.
- William J. Clinton was impeached by the House on charges of perjury and obstruction of justice in relationship to his affair with White House intern Monica Lewinsky. Clinton was eventually acquitted by the Senate.
In the senate
- The Articles of Impeachment are received from the House.
- The Senate formulates rules and procedures for holding a trial.
- A trial will be held. The President will be represented by his lawyers. A select group of House members will serve as "prosecutors." The Chief Justice of the Supreme Court(currently John G. Roberts) will preside with all 100 Senators acting as the jury.
- The Senate will meet in private session to debate a verdict.
- The Senate, in open session, will vote on a verdict. A 2/3 vote of the Senate will result in a conviction.
- The Senate will vote to remove the President from office.
- The Senate may also vote (by a simple majority) to prohibit the President from holding any public office in the future."
A final example of how checks and balances is applied today?
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A final example of Checks and Balances is a veto allows the legislative branch to override the decisions of the executive branch with a 2/3 vote. According to Macgruder's government book a veto is "chief executive's power to reject a bill passed by a legislature; literally (Latin) "I forbid" ;
How has Checks and Balances been applied over time?
Established the principle that the power of the monarchy was not absolute. CB
According to Wikipedia.org "the absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government; his or her powers are not limited by a constitution or by the law. An absolute monarch wields unrestricted political power over the sovereign state and its people. Absolute monarchies are often hereditary but other means of transmission of power are attested. Absolute monarchy differs from limited monarchy, in which the monarch’s authority is legally bound or restricted by a constitution; consequently, an absolute monarch is an autocrat". http://www2.stetson.edu/~psteeves/classes/louisxiv.html
A representative body with thee power to make laws, slowly grew in influence CB
According to Wikipedia.org "this is called the house of lords and the house of lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster.
The House of Lords is independent from, and complements the work of, the House of Commons; the Lords share responsibility for making laws and checking government action. The House of Lords has its own support services, separate from the Commons, including the House of Lords Library". http://www.sacred-texts.com/nth/tgr/tgr13.htm
The House of Lords is independent from, and complements the work of, the House of Commons; the Lords share responsibility for making laws and checking government action. The House of Lords has its own support services, separate from the Commons, including the House of Lords Library". http://www.sacred-texts.com/nth/tgr/tgr13.htm
Original characters of other colonies were canceled. CB
Almost immediately, two major obstacles to progress emerged: the Virginia Company, operating on a joint-stock plan, insisted upon quick profits; and the English government sent to the colony as settlers primarily those who were either the dregs of London life or the younger sons of the gentry, left by primogeniture to earn their own fortunes. Neither group adjusted readily to the grueling work required in the new environment. Afflicted with food shortages, disease, and the depredations of hostile Indians, the Virginia colony barely survived its first years; only the arrival of six hundred additional settlers from England in 1609 prevented its immediate failure. By June 1610 the desperate colonists had for the second time decided to abandon Jamestown; once more, however, the fortuitous arrival of new settlers and supplies, under Lord De La Warr, saved Jamestown. http://www.libraryindex.com/history/pages/cmxyrcnycr/colonial-settlement-colony-virginia.html
The power to tax and spend CB
According to Wikipedia.org "Article I, Section 8, Clause 1 of the United States Constitution, is known as the Taxing and Spending Clause.[1] It is the clause that gives the federal government of the United States its power of taxation. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defenses and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States. http://constitution.laws.com/the-supreme-court/tax-and-spend-power
To punish the colonists for the troubles in Boston and elsewhere. CB
According to Wikipedia.org to punish the colonists for the troubles in Boston and elsewhere relates to the American Revolutionary War. "The American Revolutionary War (1775–1783), the American War of Independence,[8] or simply the Revolutionary War in the United States, began as a war between the Kingdom of Great Britain and the United States of America, but gradually grew into a world war between Britain on one side and the United States, France, Netherlands and Spain on the other. The main result was an American victory, with mixed results for the other powers." _
The delegates urged each of the colonies to refuse all trade with England until the hated taxes and trade regulations were repealed or revoked. CB
According to founding.com
"1763-1769: King George encroaches on the independence of the colonies through taxation without representation
February 10, 1763
The French-Indian War ends.
The French and Indian War lasted from 1754 to 1763. The antagonists were the British and Americans on one side, and the French and certain Indian tribes on the other. It was fought over disputed territory in America, principally in western Pennsylvania, which at the time was claimed by both Virginia and France. Many land companies had been formed in Virginia to promote settlement of that region. The French, however, refused to acknowledge Virginia's claim upon the territory and proceeded to build forts in the area to defend it".
http://www.san.beck.org/11-9-VirginiaEtc1664-1744.html
"1763-1769: King George encroaches on the independence of the colonies through taxation without representation
February 10, 1763
The French-Indian War ends.
The French and Indian War lasted from 1754 to 1763. The antagonists were the British and Americans on one side, and the French and certain Indian tribes on the other. It was fought over disputed territory in America, principally in western Pennsylvania, which at the time was claimed by both Virginia and France. Many land companies had been formed in Virginia to promote settlement of that region. The French, however, refused to acknowledge Virginia's claim upon the territory and proceeded to build forts in the area to defend it".
http://www.san.beck.org/11-9-VirginiaEtc1664-1744.html
The British Government continued to refuse to compromise, let alone revise, its colonial policies. CB
After the states won independence in the Revolutionary War (1775-1783), they faced all the problems of peacetime government. The states had to enforce law and order, collect taxes, pay a large public debt, and regulate trade among themselves. They also had to deal with Indian tribes and negotiate with other governments. Leading statesmen, such as George Washington and Alexander Hamilton, began to discuss the need to create a strong national government under a new constitution. http://www.policyalmanac.org/government/archive/constitution.shtml
Much of the balance of the document-nearly two thirds of it- speaks of “the repeated injuries and usurpations”.CB
According to web.hcpss.org
"Each colonial legislature began to assume broad lawmaking powers. Many found the power of the purse to be very effective. They often bent a royal governor to their will by not voting the money for his salary until he came to terms with them. As one member of New Jersey’s Assembly put it: “Let us keep the dogges poore, and we’ll make them do as we please.”
By the mid-1700s, the relationship between Britain and the colonies had become, in fact if not in form, federal. This meant that the central government in London was responsible for colonial defense and for foreign affairs. It also provided a uniform system of money and credit and a common market for colonial trade. Beyond that, the colonies were allowed a fairly wide amount of self-rule. Little was taken from them in direct taxes to pay for the central government. The few regulations set by Parliament, mostly about trade, were largely ignored." http://web.hcpss.org/~llemle/Government%202.2
"Each colonial legislature began to assume broad lawmaking powers. Many found the power of the purse to be very effective. They often bent a royal governor to their will by not voting the money for his salary until he came to terms with them. As one member of New Jersey’s Assembly put it: “Let us keep the dogges poore, and we’ll make them do as we please.”
By the mid-1700s, the relationship between Britain and the colonies had become, in fact if not in form, federal. This meant that the central government in London was responsible for colonial defense and for foreign affairs. It also provided a uniform system of money and credit and a common market for colonial trade. Beyond that, the colonies were allowed a fairly wide amount of self-rule. Little was taken from them in direct taxes to pay for the central government. The few regulations set by Parliament, mostly about trade, were largely ignored." http://web.hcpss.org/~llemle/Government%202.2
The new State governors were given little real power. CB
According to netplaces.com"The governor is the highest elected state official and the most powerful officeholder in the state. Gubernatorial authority is confined to state matters only; a governor does not have any federal powers. Historically, the statehouse has been a wonderful launching pad for national office — twenty-three governors have gone on to serve as president or vice president. In some states, such as New York, California, and Texas, the office of governor is considered more prestigious than that of U.S. senator. In smaller states, however, the position is not as highly coveted." http://governors.rutgers.edu/usgov/gov_intro_chpt2.php
In addition it was to have the power to “legislate all the cases to which the separate States are incompetent” to act, to veto any State law in conflict with national law, and to use force if necessary to make a State obey national law. CB
According to Wikipedia.org "The Constitution of the United States is the supreme law of the United States of America. The first three Articles of the Constitution establish the rules and separate powers of the three branches of the federal government: a legislature, the bicameral Congress; an executive branch led by the President; and a federal judiciary headed by the Supreme Court. The last four Articles frame the principle of federalism. The Tenth Amendment confirms its federal characteristics.
The Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and ratified by conventions in eleven states. It went into effect on March 4, 1789.[1] The first ten constitutional amendments ratified by three-fourths of the states in 1791 are known as the Bill of Rights. The Constitution has been amended seventeen additional times (for a total of 27 amendments) and its principles are applied in courts of law by judicial review". http://www.senate.gov/civics/constitution_item/constitution.htm
The Constitution was adopted on September 17, 1787, by the Constitutional Convention in Philadelphia, Pennsylvania, and ratified by conventions in eleven states. It went into effect on March 4, 1789.[1] The first ten constitutional amendments ratified by three-fourths of the states in 1791 are known as the Bill of Rights. The Constitution has been amended seventeen additional times (for a total of 27 amendments) and its principles are applied in courts of law by judicial review". http://www.senate.gov/civics/constitution_item/constitution.htm