Checks and Balances
Definition
Checks and Balances is a constitutional doctrine that first divides the government into three branches to prevent any one branch from becoming too powerful (separation of powers) and then empowers each branch so that it may serve as a check on the others and the over accumulation of powers into a tyrannical government. The American government is separated into three branches: Legislative, Executive, Judicial. Separation of powers refers to a horizontal division of power between distinct branches of the national government: legislative, executive, judicial. Power is divided into separate parts because “the accumulation of all powers, legislative, executive, and judicial in the same hands may justly be pronounced the very definition of tyranny.” James Madison and the Framers built a constitution with five pillars to stop tyranny in its tracks. The Federalist Papers were a series of eighty-five essays urging the citizens of New York to ratify the new United States Constitution. Written by Alexander Hamilton, James Madison, and John Jay, the essays originally appeared anonymously in New York newspapers in 1787 and 1788 under the pen name "Publius." Federalist No. 51 addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government. This idea of checks and balances became a crucial document in the establishment of the modern U.S. system of checks and balances. The present United States Constitution replaced the Articles of Confederation on March 4, 1789. Federalist No. 51 laid out arguments as to why we need checks and balances with the famous quotes, "Ambition must be made to counteract ambition," and “If men were angels, no government would be necessary.” Aided by a pliant Republican-led Congress, Trump and his administration have numerous times stretched the power of the executive branch into areas of governance normally reserved for the legislative branch. His aides have pulled back funds appropriated by lawmakers, who constitutionally control federal purse strings. The president has implemented sweeping foreign tariffs, using existing sources of authority in new, expansive ways. And his administration has remade or demolished whole federal departments, formerly a job of the Congress. Other checks on a president's power, such as federal inspectors general and agency appointees who previously were insulated from White House influence, have also been sidelined. According to V-Dem Institute's 2026 report, the Trump administration has dismantled US checks and balances at an unprecedented speed, engaging in "executive aggrandizement" that concentrates power by undermining the judiciary, neutralizing congressional oversight, politicizing the civil service, and attacking media freedom.
Example
Questions
What is the constitutional doctrine of Checks and Balances designed to prevent?
Into how many branches is the American government separated under the principle of separation of powers?
According to James Madison, what is "the very definition of tyranny"?
Which series of eighty-five essays, written by Hamilton, Madison, and Jay, urged New York citizens to ratify the Constitution?
What famous quote from Federalist No. 51 advocates for the mechanism used to limit the power of government officials?
Which branch of the U.S. government has the power to veto legislation passed by Congress?
Which branch of the U.S. government has the power to impeach and remove a President or federal judge?
What is the power of the Judicial Branch to declare laws unconstitutional called?
Which body must approve presidential appointments and treaties?
What action can the Legislative Branch take if the President vetoes a bill?
Remember!
Now, let’s commit this term to our long-term memory. On a scrap piece of paper, take 10 or 20 seconds to draw checks and balances. Draw with symbols or stick figures if you wish. Nothing fancy. Don’t expect a masterpiece. No one else will see this but you. Look at your drawing. That’s all - now it’s downloaded into your memory. Destroy the piece of paper in a most delightful way.
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