Sunday, November 13, 2011

Checks and Balances in the U.S. Constitution


Checks and Balances in the U.S. Constitution

                When the final separation of the United States and the British occurred in 1783, the Colonists rejoiced over their much deserved freedom. However, as time passed, maintaining this freedom proved much more difficult than some of the patriots might have originally thought. Looking at republics of years prior, James Madison was one man to find that many republics fail to keep their stand. With many other republics falling mercy to power hungry dictators or overwhelming surrounding forces, it became clear that in order for the United States to keep its independence, some solid guidelines must be put into place. That’s why, when the Continental Congress met to arrange the young nation’s future, Madison had already thought long and hard over a plan that could keep the United States a free republic. Many parts of his system still hold to this day, making the United States a free and independent nation. One key factor he included within his model of the Constitution was Checks and Balances. By keeping our government a free republic for over two hundred years the Checks and Balances have already proved their importance within our Constitution.
Checks and Balances were one main part of Madison’s model of the Constitution, because of how important he thought it was to spread the power out. He noticed that if other republics put too much power within a single aspect of the government, it often times started taking over. If the government gained too much power, the colonists would then live in a similar situation as they had in Britain. To make sure this didn’t happen again, Madison made Checks and Balances to save the colonists from an overpowering government. The way a Checks and Balances system works, is that instead of a single force choosing the actions a country takes, the power is spread among multiple units. Addition to their own work running the country, these single units would also have the responsibility of looking over the other units of government, to make sure all jobs are done right. Under this constant speculation, no single unit could grow too powerful, and every one of them could work together to make a more perfect union. This thought intrigued the Continental Congress, and in response, they put forward a plan to incorporate Checks and Balances in the Constitution. They set up a system that had three branches of the United States Government. These three branches include the Executive, Judicial, and Legislative Branch. With three units of government, the Congress could then split the powers evenly, and make sure each had the power to check one another. This system was taken timidly by the colonists at first, but proved to be a fool proof system to keep the power in balance.
There are many examples of Checks and Balances happening within our government today. One example is the Health Care regulations that are being heavily debated. The Executive (President) and Legislative (Congress) branch already voted for the Nationwide health care system, in which every person is required to have health care. However, the Judicial Branch isn’t sure this requirement is Constitutional. If the Judicial Branch finds reason to believe that this new law is unconstitutional, it has the power to reject the law. This shows that the Judicial Branch is in constant consideration of the people, making sure the other branches don’t take away any rights.
The Constitution has clearly proven how its well designed structure has lasted the test of time. The Constitutions many Checks and Balances have been able to retain the constitutional rights of each individual, as well as keep the United States running as a free republic. James Madison would be glad to see that the Constitution he helped design, didn’t fail like many other Republics he studied, but instead became one of the most successful governments in the world.

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