Checks and Balances

Paper Summary:

This paper explains that one of the most vital aspects the founding fathers implemented in the U.S. Constitution was that ability of each branch to check on the other branches to make sure that one branch does not become too powerful. The author points out that one of the most powerful checks, which is not implemented in the Constitution, is judicial review, which has been implemented many times to ensure that the legislative and executive branches have been within the law. The paper states that Congress was established as the major and most powerful body of the government; therefore, Congress has the most checks on the other branches such as, on the executive branch, the power to override presidential vetoes or, on the judicial branch, the power to alter the size of the Supreme Court.

From the Paper:

"The judiciary branch consists of a system of courts. The courts are political institutions in which the decisions that they make are only as useful as the enforcement methods following. The most known of all the courts is the Supreme Court. The Supreme Court is the superior law of the land and the ruling that are issued are enforced the most. The court chooses which cases it hears, and it hears very few cases ach year. The cases that are heard have gone through a very rigorous selection process. A request is made called the writ of certiorari, from there the "Rule of Four" follows, meaning four judges must agree to hear the case. Most cases chosen are major controversial cases in which there is a public out-cry for a ruling. "

More papers on Checks and Balances:

• Analytical Essay # 4238 : "Checks and Balances in the American System of Government"
• Essay # 27778 : "Democracy, the Constitution and the Balance of Power"
• Essay # 28984 : "Democracy, the Constitution and the Balance of Power"

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