The United States Constitution is the document on which American government is based. Drawn up in the summer of 1787 by fifty-five delegates, and ratified between 1788 and 1790, the Constitution presents distinct powers for the U.S. Congress, the president, and the federal courts. This division of power is known as the system of checks and balances. The system “ensures that none of the branches of government can dominate the others” while establishing and limiting “the authority of the federal government over the states” as well as defining the “freedoms and liberties for U.
According to the Constitution, there are three branches of government: legislative, executive, and judicial. In simple terms, the legislative branch is responsible for making the law, the executive branch is responsible for enforcing the law, and the judicial branch is responsible for interpreting the law. However, it is not just that simple. Each branch has very specific powers, all of which must be carefully monitored so that there is no imbalance of power.
The legislative branch of government is covered in the first article of the Constitution. This branch consists of the House of Representatives and the Senate, and they are invested with the power to pass laws that they deem “necessary and proper.” However, none of these laws can be passed without either group having a majority of members present to vote. The first power listed in the Constitution that both groups have can be found in section three of Article 1. It is the power to “impeach senior government officials.” Other powers that the House and Senate – Congress – have are found in section eight. They include the following: the raising and imposing of taxes, maintaining a military, declaring war, managing a postal system, creating a judicial system, borrowing money and spending money, and regulating immigration as well as interstate commerce and foreign commerce.
Congress, however, cannot do a host of things. It cannot suspend “the privilege of the writ of habeas corpus” unless the situation requires it. It cannot pass a “bill of attainder or ex post facto law.” This means that Congress cannot pass a law that declares someone guilty of a crime or that makes a past crime illegal. It cannot impose direct taxes unless they are proportionate to the population, nor can it create laws that favor “the ports of one state over those of another.” Money can only be spent if approved by law, and a record of all money used must be recorded. Finally, the U.S. cannot name a king or any other royalty, and American officials cannot accept money or titles from other countries without approval from the Congress.
Clearly, there are checks and balances that affect Congress’s power. They include the president’s right to veto any legislation put before him by Congress, although his veto can be overturned by a two-thirds majority of both the House and Senate, and the power of the Supreme Court to question the constitutionality of any law passed by Congress should it be challenged in a case brought before the Court. Thus, while Congress seems to have a great deal of power, in reality, both the president and the judiciary have the ability to curb some of that power.
The executive branch of the government is covered in the second article of the Constitution. It begins by stating that “the executive power shall be vested in a President of the United States of America.” It continues by explaining the length of time the president will hold office, as well as pointing out that the vice president will serve the same amount of time. There is a further explanation of the requirements needed to become president, as well as the responsibility of Congress to set the pay rate of the president.
The executive branch is granted the following powers by the Constitution: “oversight of federal agencies that implement laws passed by Congress; power as commander in chief of the armed forces; power to make treaties, nominate judges to the federal judiciary, and appoint officers of the government, subject to the advice and consent of the Senate;” and the “power to pardon individuals convicted of federal crimes.”
Like the legislative branch, the executive branch also has checks and balances on its power. As mentioned above, the Senate has the authority to ratify treaties signed by the President, as well as the power to either consent or deny presidential nominees for “federal judgeships” and other governmental posts. Also mentioned previously is the authority Congress has to impeach and convict the President for “treason, bribery, or other high crimes and misdemeanors.” This also applies to the “Vice President and all Civil Officers of the United States…”
