Checks and Balances
One of the ways that the legislative branch can check and balance the executive branch is that the House of Representatives have the power to impeach and the senate has the responsibility of carrying out impeachment trials as stated in article 1. Another way that the legislative branch can check and balance the executive branch is that the senate has to approve of departmental appointments. In article 2, section 2, clause 2 in the constitution, it says “He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States. . .” In this case, if the president wants to make an appointment he will have to have the advice and the consent of the senate and it has to pass through congress. Last but not least, the legislative branch has the power to declare war. For example, in article 1, section 8, clause 11 in the constitution, it states that congress shall have the power…. to declare war. Now one way that the legislative branch can check and balance the judicial branch is that the senate has to approve of federal judges and it also has the power to set jurisdiction of the courts. Not only does the legislative branch has checks on the judicial branch and the executive branch, but it also has a degree of self checking because bills must be passed by both houses of congress and “neither house may adjourn for more than three days without the consent of the other house.”
In the executive branch, it can check the legislature branch because it has power to veto, have an emergency calling into session of one or both of the houses of congress, recess appointments and may force adjournment when both houses cannot agree on adjournment.
Last but not least, the judicial branch’s checks. The judicial branch has the least checks of all three branches. When it comes for the judicial branch to check and balance the other branches the court can declare laws unconstitutional, and the court can also declare presidential acts unconstitutional.
Checks and balances have played a very important role in the United States history too. For example, when Marbury v. Madison created the doctrine of judicial review, which allowed courts to declare acts of the legislature unconstitutional, courts can now declare acts of Congress unconstitutional, even though that power is not given to them in the Constitution. Now, Congress must ensure that its acts conform to the Constitution. If checks and balances did not exist then one branch would be fighting with the other branch about power. now all three branches do not have too much power.