The U.S. Constitution divided the powers and responsibilities of the new federal government among three branches: the legislative branch, the executive branch and the judicial branch.
The Constitution of the United States divides the federal government into three branches to make sure no individual or group will have too much power:
Legislative—Makes laws (Congress, comprised of the House of Representatives and Senate)
Executive—Carries out laws (president, vice president, Cabinet, most federal agencies)
Judicial—Evaluates laws (Supreme Court and other courts)
Each branch of government can change acts of the other branches:
The president can veto legislation created by Congress and nominates heads of federal agencies.
Congress confirms or rejects the president's nominees and can remove the president from office in exceptional circumstances.
The Justices of the Supreme Court, who can overturn unconstitutional laws, are nominated by the president and confirmed by the Senate.
This ability of each branch to respond to the actions of the other branches is called the system of checks and balances.
Explanation:
Checks and balances operate throughout the U.S. government, as each branch exercises certain powers that can be checked by the powers given to the other two branches.
The president (head of the executive branch) serves as commander in chief of the military forces, but Congress (legislative branch) appropriates funds for the military and votes to declare war. In addition, the Senate must ratify any peace treaties.
Congress has the power of the purse, as it controls the money used to fund any executive actions.
The president nominates federal officials, but the Senate confirms those nominations.
Within the legislative branch, each house of Congress serves as a check on possible abuses of power by the other. Both the House of Representatives and the Senate have to pass a bill in the same form for it to become law.
Veto power. Once Congress has passed a bill, the president has the power to veto that bill. In turn, Congress can override a regular presidential veto by a two-thirds vote of both houses.
The Supreme Court and other federal courts (judicial branch) can declare laws or presidential actions unconstitutional, in a process known as judicial review.
In turn, the president checks the judiciary through the power of appointment, which can be used to change the direction of the federal courts
By passing amendments to the Constitution, Congress can effectively check the decisions of the Supreme Court.
Congress (considered the branch of government closest to the people) can impeach both members of the executive and judicial branches.
U.S. Constitution Checks and Balances Examples
The U.S. Constitution is full of checks and balances of the three branches of government. The best example of checks and balances is that the president can veto any bill passed by Congress, but a two-thirds vote in Congress can override the veto. Other examples include:
The House of Representatives has sole power of impeachment, but the Senate has all power to try any impeachment.
Any bills that intend to raise revenue must originate in the House of Representatives, but the Senate also has to approve the bill.
Congress has the power to set and collect any taxes or duties.
The president is commander-in-chief of the U.S. Army and Navy.
The president has the power to grant pardons and reprieves for crimes against the U.S. except in an impeachment.
The president can make treaties, but only with a two-thirds agreement from the Senate.
The House of Representatives and the Senate both have to pass the same bill before it can become a law.
The president can appoint Supreme Court judges, but the Senate must approve these choices.
Supreme Court judges have the power to declare presidential actions as unconstitutional.
The vice president is also automatically the president of the Senate.
Congress can amend the Constitution, which means they can override a Supreme Court decision.
