Checks and Balances in the US system

     Similar to the system of checks for the legislative branch, the executive branch also has an array of checks upon the other two branches that defend against imposition on the executive’s duty to execute federal law and power.  Arguably the executive branch’s most effective check upon Congress is the ability to veto bills with the sole disapproval of the president which protects the nation from overbearing or corrupt laws passed by a simple majority of Congress and forces the legislature to reconsider the implications of the bill.  Along with the veto power, the executive branch is also able to limit congressional reach since the president is given the title of Commander-and-chief of the military and the Vice President presides as President of the Senate.  These appointed titles keep the legislature from fully controlling military activity and gives the executive branch the deciding vote in case of an evenly split Senate vote.  According the Constitution, the executive branch is essentially the creator, yet a separate power from, of the judicial branch since executive checks over the judicial branch include the ability to appoint federal judges according to the president’s criteria for such judges.  This crucial power over the judicial branch ensures that the courts will not intentionally become unjust with its powers.  Hence, executive checks are arguably provide most of the President’s and cabinets duties in the modern day as it continually oversees congressional policy and federal judges.

     While the legislative and executive branches are delegated several checks in the Constitution, the judicial branch contains relatively few abilities to check the other branches since its duty is to interpret federal laws and apply them to criminal and civil court cases in the overseeing of justice.  The checks that were given the judiciary in the Constitution include the freedom from executive control after the appointment of justices and, during a presidential impeachment trial, the Chief Justice presides as the President of the Senate until a verdict is delivered.  Ironically, the judicial branch’s most powerful and useful check of judicial review was not delegated by the Constitution but came about during the Marbury v. Madison trial of 1803 which established that the Supreme Court has the ability to determine the constitutionality of a congressional law or executive action and reverse or condemn an issue found unconstitutional.  The tradition of judicial review is arguably the most powerful check held by any branch since the interpretation of a law or issue by the Supreme Court can only be overturned by another contradictory interpretation of the Court in the future.  Thus, even though the Constitution does not provide numerous checks to the judicial branch, it utilizes what powers it was given to shape laws and persist its position as a key governmental branch.

     Although the principle of checks and balances as outlined by the Constitution was created to prevent tyranny among any one branch of government and keep the government smoothly and efficiently functioning with its delegated powers, in recent history this system has provided for increased policy gridlock by allowing the branches to pit themselves against each other when opposing factions are represented in government.  For example, the journey for a bill to become a law must pass through numerous checks of all three branches in order to be implemented as policy and at any turn, a branch may express its disapproval, including presidential veto, interpreted as unconstitutional, or voted down by the other house of Congress, and possibly compromise its success.  Very rarely is policy passed quickly through the governmental system unless one faction holds a majority over the three branches.  Comparable to insurance for a just government as set up by the Constitution, the system of checks and balances comes at the cost of diminishing the efficiency of government while gaining worth in protecting the nation against a tyrannical ruling power.  

     Altogether, the system of checks and balances holds a dual duty in protecting a branch’s powers from impedance by the other two and monitoring the others use of their powers correctly and efficiently.  Despite its righteous intentions, this safety measure also allows for policy gridlock in the modern age and often slows the government to a minimal pace during an era of divided government.