Children's Constitution
Checks and Balances
The men who wrote the Constitution wanted a strong and lasting government. To achieve this goal, they designed a system of checks and balances. The Constitution gives each branch of government the power to check, or limit, certain actions of the other branches. It also balances each branch's powers with the powers of the other branches.
Checks and balances ensure that no one at a branch becomes too powerful. For example, Congress can pass laws, but the president can approve the bill (a low before it actually becomes a law) or veto them (deny the bill). The president’s power is a check on the power of Congress.
What if Congress and the president agree on a law that conflicts with the Constitution? If the law is challenged in court, the judicial branch decides whether it is unconstitutional. The court's power is a check on the power of the other two branches.
How are the powers of the different branches balanced? Suppose the president wants one thing and Congress wants another. Congress cannot make laws without the president’s review, and the president needs Congress to pass the laws he or she wants. Their powers balance each other. And while the courts can declare laws unconstitutional, federal judges are appointed by the president with the approval of the Senate.
Another example of checks and balances is impeachment. Suppose members of the executive or judicial branch misuse them from office if hey are found guilty. In these ways, the government becomes more powerful than others.
Figure 3 explains this graphically in a complicated way, but Figure 4 explains this concept in a much simpler way.
Figure 3: Complicated Diagram
Figure 4: Simple Diagram
Law Making
The process of law making is a perfect exmaple to keep each branch in check. First, the legislative branch introduces and votes on a bill. The bill then goes to the executive branch, where the President decides whether he thinks the bill is good for the country. If so, he signs the bill, and it becomes a law. If the President does not believe the bill is good for the country, he does not sign it. This is called a veto.
But the legislative branch gets another chance. With enough votes, the legislative branch can take over the executive branch's veto, and the bill becomes a law. Once a law is in place, the people of the country can test it through the court system, which is under the control of the judicial branch. If someone believes a law is unfair, a complaint can be made to the court. Lawyers then make arguments for and against the case, and a judge decides which side has presented the most convincing arguments.
The side that loses can choose to propose to a higher court, and may eventually reach the highest court of all, the Supreme Court. If the legislative branch does not agree with the way in which the judicial branch has explained the law, they can introduce a new piece of legislation, and the process starts all over again. Figure 2 is a good visual to help grasp this information.
