Many have argued that the judicial branch has gained too much power, with some stating that the major decisions that the Supreme Court is able to make, places them as the most powerful. One recent example of the impressive power of the Supreme Court is that the decision of this court determined that George Bush would be President in 2000.
There is also debate on the guarantee of checks and balances on each branch. The Constitution states that the system of checks and balances grew out of the separate institutions that share power under the Constitution of the United States. By the system of checks and balances, each branch of government exercises some control over the other branches. There are several ways this can be done. The executive can veto legislation passed by Congress. Congress, however, can override a veto by a two-thirds vote of each house. The federal courts can rule on the constitutionality of a law. The President can influence the courts by the people he appoints to the judicial branch. The Senate must approve such appointments.
The framers of the Constitution originally felt that the Legislative branch would be the most powerful. However, it was Chief Justice John Marshall who greatly expanded the power of the Supreme Court in Marbury vs. Madison when he gave the court the right to interpret the Constitutionality of laws. Thus the Supreme Court and with it, the judicial branch has been gaining power ever since.
As the United States has grown however, there has been more need for one person to be able to make quick decisions on policy and national defence. Since the United States has become a leading world nation, the Executive Branch has become more and more powerful. Using his role as commander-in-chief, recent presidents have been able to wage undeclared wars, hold people in prison without trial, and now some would argue that the U.S. president is the most powerful person on earth.
The American system of checks and balances has functioned reasonably well over the course of America's history. However there have been some huge clashes that have occurred when vetoes have been overridden or appointees have been rejected. The system was meant to keep the three branches in balance. All three branches have power, but the level of power depends on the current balance of power in the bicameral system in each of the branches.