What are Checks and Balances?
The US Constitution creates a system of separate institutions that share powers. Because the three branches of the US government share the power amongst themselves, each can (partially) check the powers of the others. The major checks possessed by each branch are listed below.
Congress:
In addition to these checks provided for in the Constitution, each branch has informal ways of checking the others. For example, the president can withhold information from Congress (on the grounds of executive privilege), and Congress can try to get information from the president by mounting an investigation.
Congress:
- Can check the president in these ways:
- By refusing to pass a bill the president wants
- By passing a law over the president's veto
- By using the impeachment powers to remove the president from office
- By refusing to approve a presidential appointment (Senate only)
- By refusing to ratify a treaty the president has signed (Senate only)
- Can check the federal courts in these ways:
- By changing the number and jurisdiction of the lower courts
- By using the impeachment powers to remove a judge from office
- By refusing to approve a person nominated to be a judge (Senate only)
- Can check Congress by vetoing a bill it has passed
- Can check the federal courts by nominating judges
- Can check Congress by declaring a law unconstitutional.
- Can check the president by declaring actions by him/her or his/her subordinates to be unconstitutional or not authorized by law.
In addition to these checks provided for in the Constitution, each branch has informal ways of checking the others. For example, the president can withhold information from Congress (on the grounds of executive privilege), and Congress can try to get information from the president by mounting an investigation.
"Government 101: The Constitution." Project Vote Smart - American Government, Elections, Candidates and Voting. Project Vote Smart, n.d. Web. 16 June 2015. <https://votesmart.org/education/constitution#.VYAuHDBViko>.