The principle of checks and balances as established in the Constitution are based on Montesquieu’s theory of the ‘separation of powers’. Montesquieu suggested that order to prevent tyranny, a system whereby one of the powers of any one branch of government were checked and limited by another was needed. The three branches of power are the Executive ( President), the legislative (Congress) and the judiciary (the Supreme Court). These three distinct branches check and limit each other ensuring that one does not dominate the others. The President, as the executive, can limit the power of Congress through the use of vetoes as well as by stating his legislative goals in his State of the Union address. Congress, as the legislative, limits the powers of the Supreme Court through the ability to pass Constitutional amendments, impeachment and the intense scrutiny of supreme Court nominees. The Supreme Court, in turn, limits the power of both the executive and legislative through judicial review, whereby it considers whether actions and laws of government are in accordance with the constitution.
Thus, the checks and balances ensure that no single branch becomes too powerful. Although the British system of government is similar in the use of a system of checks and balances, there is a notable difference in that, whereas in Britain the separation of powers is at times non-existent, it is clear cut in the American system. In Britain, the prime minster (executive) sits in the House of Commons (legislative). In the United States, the President and his cabinet members cannot be members of either Congress or the Supreme Court. The principle of checks and balances is to ensure that no branch of government dominates. It is intended to ensure accountability, responsibility and oversight of politics . The checks and balances also have the consequence of creating a logjam as the branches are constantly limiting and checking each other.
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