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 the government less efficient but also prevents tyranny by one branch of government. |
How did our Founding Fathers decide to use Checks and Balances as a Constitutional Principle?
Ancient Mesopotamia (1792 B.C)
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In Ancient Mesopotamia the had the idea of using codes. These were written laws that endure the test of time and are fairly to all individuals. These were called the code of Hammurabi. This code focused on keeping order, preventing conflict, and prompting family unity. This helps us ensure to understand that creating political stability leads to economic prosperity. There government was very strict. For example if a builder builds a home and the home falls down and kills someone that builder will be executed. Their main law that is look at as cruel today is an eye for an eye. However in middle eastern countries this law is still applied today.
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Greek western political thought (700 B.C.)
How Did Socrates,Plato, and Aristotle establish the Foundations of Western Political Thought?
Socrates taught by the Socratic method, a question-and-answer format, to help students see things for themselves by using their own reason. plato wrote the republic, which emphasized how a "good government" should operate. Aristotle wrote politics, which he discussed the three forms of "good government."
*monarchy
*aristocracy
*constitutional government (he thought was the best)
All emphasized that citizens had to be guarded against the illegitimacy of tyranny, which states people in power generally desire more power.
*monarchy
*aristocracy
*constitutional government (he thought was the best)
All emphasized that citizens had to be guarded against the illegitimacy of tyranny, which states people in power generally desire more power.
The Glorious Revolution (1689)
The Glorious Revolution introduced the principle that the king must bow to the representative body in a nation. In this case it would be the parliament. his had to be done because many kings believed their power was given to them by God, divine right of kings, and many abused this power. The government should exist to protect people's natural rights. It is also implied that both government and its citizens have mutual obligations towards each other (a contract). Thus should the government break that contract, the people have the right to rebel.
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Baron de Montesquieu (1689-1755)
Baron de Montesquieu studied the governments of Europe, from Italy to England. He read all he could about ancient and medieval Europe and learned about Chinese and Native American cultures. He published The Spirit of the Laws. He discussed governments throughout history and wrote admiringly about Britain’s limited monarchy. He felt that the British had protected themselves against tyranny by dividing the various functions and powers of government among three separate branches: The legislative, executive, and judicial. Montesquieu felt that each branch of government should be able to serve as a check on the other two, an idea that we call checks & balances.
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Rousseau (implied)
He believed that people's natural innocence were being corrupted by the evil society so he made the Social Contract, Rousseau also felt that society places too many limitations on the people's behavior. Although he thought that some limitations were necessary but should be minimal. Thus unlike most if the enlightenment thinkers he put individuals first.
To basically explain this codes and or laws have to be thoroughly checked that the law is good for all parties involved, that has to be proven to be fair in balanced for the good of the people, so the legislative branch needs to review it to be voted on and sent to the judicial branch that it is fair and legal then it could be put in to the law. |
Part 2: What are two examples of how this Constitutional Principle has been applied in U.S. History?
Second, the judicial branch apprehends the laws. The executive branch checks that by choosing all the justices in the court.
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First, the legislative branch can pass a law. The way the executive branch checks that is by either agreeing with it or vetoing it. :D
<------------------------------------------------ Third, the executive branch can veto a bill. The legislative branch checks that by looking at it again and possibly cancelling the veto.
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One example of a veto: Bush Vetoes Stem Cell Research Bill
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He vetoed the bill because he believed it "would support the taking of innocent human life in the hope of finding medical benefits for others" the president said, as babies cooed and cried behind him. "It crosses a moral boundry that our decent society needs to respect." Each child on the stage, he said , "Began his or her fertilization but remained unused after fertility treatments were complete. ... These boys and girls are not space parts Within hours of this announcement that Bush gave, The house, as expected, fell short in a bid to override the veto.
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The Power of Impeachment
- One of the most drastic "checks" outlined by the Constitution is the legislative branch's sparingly used power of impeachment, which allows the House of Representatives to press charges against the president, judges and other federal officials for "treason, high crimes or misdemeanors." It is then up to the Senate to hold a trial for the impeached official, who faces removal from office if found guilty.
- Presidents Andrew Johnson and Bill Clinton were impeached by the U.S. House of Representatives, but acquitted by the Senate. Richard Nixon resigned before he could be impeached.In 1974 the House of Representatives were in talks about the impeachment of Richard M. Nixon in connection to the Water Scandal and decided to bring it to a vote on three Articles of Impeachment: Obstruction of justice, Misuse of powers and violation of his oath of office, and failure to comply with house subpoenas.
- Presidents Andrew Johnson and Bill Clinton were impeached by the U.S. House of Representatives, but acquitted by the Senate. Richard Nixon resigned before he could be impeached.In 1974 the House of Representatives were in talks about the impeachment of Richard M. Nixon in connection to the Water Scandal and decided to bring it to a vote on three Articles of Impeachment: Obstruction of justice, Misuse of powers and violation of his oath of office, and failure to comply with house subpoenas.