Essay on Checks and Balances

969 Words 4 Pages
The American Government is a democratic Republic and the decision-making process fits in the democratic model and the pluralist model. The founders of the Constitution laid out a structural framework for the government. The first three articles of the Constitution define the separate branches of government and specify their internal operations and powers. The separation of powers is the assignment of law-making, law-enforcing, and law-interpreting functions to separate branches of government. The three branches in the United States are: The Executive, Judicial, and Legislative. The principle of separation of powers draws lines that divide the powers held by distinct branches at a single level of government. Each branch has its own powers, …show more content…
This branch has the power to veto legislation. The president can veto the legislation and recommend legislation. The executive also has the power to nominate judges (with the advice and consent of the Senate) and grant pardons in the judicial branch.
The judiciary branch of government (law-interpreting): The legislative powers are written in the 3rd article of the Constitution and can review legislative acts, review executive acts, and issue injunctions.
The aim of checks and balance is to prevent the exclusive exercise of certain powers by any one of the three branches. Despite, I think, there seem to be imbalances of power throughout our Countries history. The most recent seemingly imbalance is the growing acceptance of judicial supremacy in the modern era. It is more difficult for the political branches to check the Court effectively when it exceeds its authority. As Nowlin, a professor of law at the University of Mississippi, points out, “the most insidious effect of judicial supremacy's ascendance is not the way it forecloses methods of checking judicial power, but rather the way it obscures the most important reason the political branches have for exercising such checks: defending the Constitution from the Supreme Court. When the Court in its activist decisions usurps the legislative authority to make public policy, it not only misinterprets the Constitution, it violates the constitution's basic structural principles and contravenes the limits the

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