Definition of Checks and Balances

Noun
1. A system in which various divisions of an organization have powers that affect or
control other divisions, so that no division becomes too powerful, or to minimize
error.
2. Limits placed on all branches of government by giving each branch a right to void
or amend the actions of another branch.
3. Each branch exercises certain powers that can be checked by the powers
given to the other two branches.
 The president (head of the executive branch) serves as commander in
chief of the military forces, but Congress (legislative branch) appropriates
funds for the military and votes to declare war. In addition, the Senate
must ratify any peace treaties.
 Congress has the power of the purse, as it controls the money used to
fund any executive actions.
 Within the legislative branch, each house of Congress serves as a check
on possible abuses of power by the other. Both the House of
Representatives and the Senate have to pass a bill in the same form for it
to become law.
 Veto power. Once Congress has passed a bill, the president has the
power to veto that bill. In turn, Congress can override a regular
presidential veto by a two-thirds vote of both houses.
 The Supreme Court and other judicial branch can declare laws or
presidential actions unconstitutional, in a process known as judicial
review.
 In turn, the president checks the judiciary through the power of
appointment of justices.
 By passing amendments to the Constitution, Congress can effectively
check the decisions of the Supreme Court.
 Congress (considered the branch of government closest to the people)
can impeach both members of the executive and judicial branches.

CHECKS AND BALANCES

The ends of government are better achieved if the system of checks and balances
will be observed.

Under the system of checks and balances, one department is given certain powers
by which it may definitely restrain the others from exceeding constitutional
authority. It may object or resist any encroachment upon its authority, or it may
question, if necessary any act or acts which unlawfully interferes with its sphere of
jurisdiction and authority. (Suarez, 2005).

The following are illustrations where there are checks and balances:

1. The lawmaking power of the Congress is checked by the President through its
veto power, which in turn maybe overturn by the legislature
2. The Congress may refuse to give its concurrence to an amnesty proclaimed
by the President and the Senate to a treaty he has concluded
3. The President may nullify a conviction in a criminal case by pardoning the
offender
4. The Congress may limit the jurisdiction of the Supreme Court and that of
inferior courts and even abolish the latter tribunals
5. The Judiciary in general has the power to declare invalid an act done by the
Congress, the President and his subordinates, or the Constitutional
Commissions.