The U.S. Checks and Balances System Essay
Checks and Balances in the US Essay
The term checks and balances are derived from the United State constitution. The aim and function of this system is to separate the powers in the constitutional system. The government has several branches and each of them has mandates and authority to govern and safe guard them, however because all the branches are integrated there was established equality of the branches or power that oversees that each government branch has power over the other this is echoed by Johnson Et al (99). According to Vile (62) the three branches in the United State governance which Checks and Balances preside over so that the anatomy of one branch can be disputed by the other is what constitutes the mandate of this system. The three branches of the government as established by the constitution in the merit of creation are Legislative branch that mandate creation of law, second Executive branch which mandate over implementation of law and thirdly Judicial branch which construe the law (Kemp, 51).
Now from these facets the checks and balances system mandates that all branches are equal and that there is none which has anatomy over the other. According to Alec (132) notes that for example the legislative after having a notion of a new law will then as a bill present it. Then after they will then present it to the Executive branch which is headed by the president of the United State, in this stage the preside will then preside over the bill and if it does not appease him and have belief that it may harbor unconstitutional facets then he will veto it. However, because the president have rejected it does not mean that it is through and abolished, then bill is then taken to Legislative where they cast vote on it again and if it gains more than 2/3 of the congress vote then it is passed and this will automatically override the president veto (Fisher, 197).
Usually the Judicial branch in the United State is considered to be the weakest of the three branches; this is further confirmed by the fact that they have little say on the legislation execution and passage. Dean (177) notes that the judicial branch does not also endorse legislation constitutionally and the only mandate that this branch oversees is only checking that it execute on the legislative and executive branch is the fact that they verify if the proceedings and decrees by both of the other branches are constitutional.
The restriction on the mandate of judiciary authority is that it has no anatomy to review constitutionality law even if there is clear uncertainty in it. This branch is not even allowed to voice concern or advice overview on a law. This only allows then to review law in the court room when an individual challenges law constitutionality in a proper litigation, this is constitutionally termed as controversy or case (Abraham, 219).
The only advantage on the check that the Executive branch harbors over Judiciary is the fact that it is dependant on the executive to streamline judgments; this is because the Judiciary has no subjects of the law that would enforce that what they have ruled will be followed to the letter and thus they depend on the executive fro this (Kunhardt, 281).
The legislative branch check over judiciary is the mandate that endorses operation in the Judiciary; this includes the number of justices in the Supreme Court and the pay that are allocated to the justices and judges (Madison, 117). Fixing of the wages of the Judicial is the sole responsibility of the congress; however they are limited from reducing the wages while the judges are still presiding. The congress also endorses the number of judges and justices and they cannot sack them and are only removed from office through impeachment. This is the check and balance that the judicial branch gets so that it is not intimidated by the other branches of governance (Alec, 205).
In conclusion check and balance is one of the best restriction and sanction mechanisms that is enforced to the three branches of United State government, which mandate that they work along side each other without any of them having anatomy over the other (Vile, 142). This is an important system in the governance of the United State that allows the branch to work hand in hand to enforce law and provision for the population of this region.