The Founding Fathers were dedicated to creating a republic based on democratic values but were also keenly aware of the dangers of power, ambition, and the dark side of human nature.
James Madison, who later became the fourth president of the United States, discussed his concerns about the potential rise of overly ambitious leaders in 1788 and argued for structures to limit the federal government’s power in Federalist 51: The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments.
A system of checks and balances of power was essential to the “preservation of liberty,” he wrote, arguing for the ratification of the new Constitution. Putting too much control in the hands of any one of the three branches of government outlined in the Constitution – legislative, executive and judicial – would inevitably risk the abuse of power, he feared.
“If angels were to govern men, neither external nor internal controls on government would be necessary,” Madison wrote. “In framing a government which is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place oblige it to control itself.”
He famously captured the challenge, arguing that “ambition must be made to counteract ambition.”
So the Constitution divided governmental responsibilities: The legislative branch makes the laws. The executive branch enforces them. And the judicial branch interprets them. This system enables each branch to check the power of the others.
Congress – known as the Article One branch – has the primary power to create and enact laws, declare war, regulate commerce, and control taxing and spending. Today, it consists of 535 members elected by citizens across the nation. The House of Representatives holds the power to impeach and the Senate to remove the president or judges, giving each important oversight and control of executive and judicial actors who violate constitutional powers. The Senate holds the power to confirm – or block – the appointments made by the president.
The executive branch, headed by the president of the United States, manages the departments and agencies that carry out American domestic and foreign policy. It’s responsible for enforcing and administering federal laws passed by Congress. The president can veto legislation passed by Congress and nominate judges at various levels, giving the executive branch the ability to check legislative and judicial action.
The Supreme Court, at the apex of the judicial branch, is the highest court in the United States and the final decision-making body on law and the Constitution. It can overturn the decisions of lower courts and laws that it deems in violation of the Constitution. It can make a determination as to whether an executive order is unconstitutional, exceeding presidential authority or violating the Constitution.
This balance between the three branches is an essential check on the ambition and power of leaders in any branch that seeks to overstep their constitutional authority and ultimately undermines the well-being of our republic. Ultimately, the balance works only when courageous individuals in their respective branches understand their role, exercise their responsibilities, and restrain their personal ambitions, and reinforce the primacy of the Constitution and American law.
The system of checks and balances has been tested many times over the last two centuries and has withstood the test of time. The next 250 years of our nation will be defined by the quality of our leaders and their commitment to this important element of democracy.
Democracy is a verb.
