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The U.S. System of Checks and Balances—How It’s Intended to Work

Updated: 3 days ago

The United States government was founded on one fundamental fear: the concentration of power. Having just thrown off a monarchy, the framers of the Constitution wanted to ensure that no single person or branch of government could dominate the rest. Their solution? A system of checks and balances—a careful distribution of authority meant to protect liberty, prevent tyranny, and encourage cooperation through tension.


So, how exactly is this system supposed to work?



Three Branches, One Government


At the heart of the U.S. Constitution is the separation of powers, dividing the federal government into three co-equal branches, each with its own role:


1. Legislative Branch (Congress) – Makes the laws

Includes the House of Representatives and the Senate. Powers include drafting legislation, declaring war, approving budgets, and confirming presidential appointments.

2. Executive Branch (President) – Enforces the laws

Headed by the President and supported by federal agencies and departments. Powers include vetoing legislation, issuing executive orders, commanding the armed forces, and managing foreign policy.

3. Judicial Branch (Courts) – Interprets the laws

Led by the Supreme Court and includes lower federal courts. Powers include reviewing laws for constitutionality, resolving legal disputes, and interpreting the scope of executive and legislative actions.



The Balancing Act: How Checks and Balances Work


Each branch is given specific powers to check the others, ensuring that no one branch can operate without oversight or consequence. These built-in mechanisms help maintain equilibrium in the system.


Here are a few classic examples:


1. Congress vs. The President


  • Congress can impeach and remove the President (Article I, Sections 2–3).

  • Congress controls the purse, meaning the President cannot spend funds or wage prolonged military campaigns without congressional approval.

  • The President can veto bills passed by Congress, but Congress can override the veto with a two-thirds majority.


2. President vs. The Courts


  • The President appoints federal judges, including Supreme Court justices, but the Senate must confirm appointments.

  • The President can pardon federal crimes, effectively bypassing judicial penalties in specific cases.


3. Courts vs. Congress and The President


  • Judicial review allows the courts to strike down laws or executive actions deemed unconstitutional (Marbury v. Madison, 1803).

  • Courts can block or delay executive orders through injunctions.

  • Once a law is ruled unconstitutional, Congress must either amend the Constitution or change the law.



Why It Matters


The genius of this system lies in its friction. It was never meant to be fast or easy. By requiring cooperation and compromise, the system ensures that power is earned through consensus, not force.


But that same friction can also lead to gridlock, especially when political divisions are deep. While frustrating, even this dysfunction serves a purpose—it slows down rash decisions and forces public debate.



Modern Stress Tests


In recent years, the system has been subject to scrutiny. Executive actions have stretched the limits of presidential authority. Congressional polarization has weakened oversight. And the judiciary, especially the Supreme Court, has become a lightning rod for political conflict.


Still, the fact that these struggles are taking place within a framework of law, process, and public accountability indicates that the system, although stressed, is still functioning.



Final Thoughts


The U.S. system of checks and balances is not self-executing. It depends on the willingness of leaders to respect norms, the ability of institutions to resist overreach, and the engagement of citizens to demand accountability.


It’s not perfect. But it is one of the most ambitious experiments in shared power the world has ever seen, and it works, when we do.


Add Your Voice to the Record


If you’ve lived through the consequences of the policies taking place throughout America—whether as an immigrant, a business owner, a public servant, or someone who has lost a loved one to unjust enforcement—we want to hear from you.


For The Writers is now accepting nonfiction submissions for a series of truth-telling projects aimed at documenting the real human cost of this administration’s immigration and enforcement practices.


  • Share your story.

  • Reclaim your narrative.

  • Become part of the historical record that cannot be erased.


Explore our current open calls—from immigrant journeys to leadership testimonies to stories of loss—and submit your piece today.


This moment in history is being written with or without you.


Make sure your voice is part of it.




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