Checks and Balances:
A system of distribution of power among the executive, legislative, and judicial branches of government, in relatively equal proportions, such that each branch has the ability to counter the actions of the other two and thus prevent the entire government from being controlled by any single branch.
3. THE JUDICIAL BRANCH
1. The Court can declare laws unconstitutional.
2. The Court can declare presidential acts unconstitutional.
1. The Court can declare laws unconstitutional.
2. The Court can declare presidential acts unconstitutional.
How Checks and Balances has been applied over time:
1. The Petition of Right:
|
2. The English bill of Rights:
|
3. The First State Constitutions included separation of powers and therefore checks and balances.
|
4. These same constitutions separated power between the Governor and The legislature, giving the Congress immense power to check The Governor.
|
5. In The Royal Colonies, laws passed by the legislature had to be
approved by the governor and the Crown.
|
6. In The Charter Colonies, laws made by their bicameral legislatures were
not subject to the governor’s veto nor was the crown’s approval needed.
|
7. Judges in charter colonies were appointed by the
legislature but appeals could be taken from the colonial courts to the king.
|
8. In The Virginia Plan, a government with 3 different branches capable of checks and balances was called for.
|
9. The New Jersey Plan called for a Federal Executive and a Federal Judiciary to have a system of checks and balances between then and the legislature.
|
10. The Connecticut compromise decided that Congress should be divided into two houses (bicameral). This separated power even further in the Federal Government.
|