Checks and Balances in the Constitution

 

Executive Checks on Congress:

     Veto of Congressional legislation

     May call Congress into special session

     May recommend legislation

 

Executive Checks on Judicial:

     nominating judges

     granting pardons and reprieves

     refusing to enforce court orders

 

Legislative Checks on President:

     refusal to pass laws or appropriate funds

     over-riding presidential veto by 2/3 vote in

           each house

     Senate: refusing to approve

           appointments or ratify treaties

     House: brings impeachment charges

           against the President; Senate acts as     

           jury and by 2/3 vote may find him guilty

           and remove him

 

 

 

Legislative Checks on Judiciary

     passing slightly changed law to replace an

           unConstitutional law

     initiating an amendment

     impeaching and convicting judges

     increasing the number of judges on the

           Supreme Court

     Senate may refuse appointments to the

           Court

    

*Each house may check the other since both must approve a law before it is passed

 

Judicial Checks on President:

     declaring actions unConstitutional

    

Judicial Checks on Legislative:

     declaring laws unConstitutional

 

Strengths of Checks and Balances:   

     prevents concentration of power in one

           branch

     discourages hasty, and poorly thought out

           actions (since it would be checked)

     in emergencies, the branches can

           suspend their checking powers to

           make decisions quickly

 

Weaknesses of Checks and Balances:

     may paralyze the work of government

     in the case of a deadlock, voters must

           wait until the next regular election

     may cause delay and uncertainty (will the

           law be declared unConstitutional?)