Constitutional Checks & Balances

The Constitution divides power to prevent tyranny. Understanding how these checks work helps citizens hold all branches accountable.

The Founders' Design

"Ambition must be made to counteract ambition." — James Madison, Federalist No. 51. The Constitution deliberately creates friction between branches to prevent any one from accumulating too much power.

The Three Branches

Legislative Branch (Congress)

Makes laws, controls federal spending, confirms appointments, conducts oversight, and can impeach and remove officials.

Checks on the Executive:

  • • Override vetoes (2/3 majority)
  • • Control funding (power of the purse)
  • • Confirm appointments (Senate)
  • • Impeach and remove (House/Senate)
  • • Conduct investigations
  • • Reject treaties (Senate)

Checks on the Judiciary:

  • • Confirm federal judges (Senate)
  • • Impeach and remove judges
  • • Set number of Supreme Court justices
  • • Define court jurisdiction
  • • Propose constitutional amendments

Executive Branch (President)

Enforces laws, commands military, conducts foreign policy, and appoints judges and officials.

Checks on Congress:

  • • Veto legislation
  • • Call special sessions
  • • Recommend legislation
  • • Executive orders (within legal limits)

Checks on the Judiciary:

  • • Appoint federal judges
  • • Grant pardons (not for impeachment)

Judicial Branch (Courts)

Interprets laws, reviews constitutionality of actions, and protects individual rights through the judicial process.

Checks on Congress:

  • • Judicial review (declare laws unconstitutional)
  • • Interpret meaning of laws

Checks on the Executive:

  • • Judicial review of executive actions
  • • Issue injunctions blocking policies
  • • Rule on constitutionality of executive orders
  • • Lifetime tenure insulates from pressure

Federalism: States as a Check

The Constitution creates a federal system where states retain significant power. States can serve as a check on federal overreach.

State Powers Include:

  • • Running elections: States control election administration, which federal government cannot commandeer
  • • Police power: States maintain law enforcement (federal government cannot force state/local police to enforce federal law)
  • • State courts: Can interpret state constitutions to provide MORE protection than federal law
  • • State legislation: Can pass laws protecting rights within their borders
  • • Non-cooperation: States cannot be forced to use their resources to enforce federal policies (anti-commandeering doctrine)

When Checks Weaken

Warning Signs:

  • • One branch refuses to comply with another's constitutional authority
  • • Congress declines to conduct oversight of the executive
  • • Courts are ignored or their authority challenged
  • • Appointments are made to ensure loyalty rather than independence
  • • Emergency powers are invoked without genuine emergencies
  • • Norms that reinforce checks (like Senate traditions) are abandoned

Checks and balances depend not just on constitutional text, but on officials who respect institutional boundaries and citizens who hold them accountable.

What Citizens Can Do

  • Contact Congress: Demand they conduct oversight and use their constitutional powers
  • Support legal challenges: Donate to organizations bringing constitutional cases
  • Engage at state level: State officials can protect residents and resist federal overreach
  • Vote: Elections determine who controls Congress, the presidency, and (indirectly) the courts
  • Stay informed: Follow court cases, congressional actions, and constitutional debates

Resources