by Winifred Stockington

Created on: May 03, 2008   Last Updated: August 27, 2009

Having suffered through the colonial rule of King George III, neither the founding fathers nor the people of the future United States wished to see an executive branch that had too much strength. In addition, the many instances of excessive taxation imposed upon the colonists by Parliament and enforced by King George III, impressed upon the designers of the Constitution the need to also keep the legislative branch in check.

Subsequently, the design and structure of the government as outlined by the Constitution became one of checks and balances, so that none of the three branches could have excessive power and each could maintain control of the other two.

Essentially, the checks and balances system outlined within the Constitution is quite simple. Each of the three branches of government (judicial, legislative, and executive) is granted certain unique powers, divided between the three so that none is too powerful. In addition to this system of balance, for each unique power another branch has the ability to act as a safeguard or to "check" the power of the other.

For example, if the legislature drafts a law which is contrary to the Constitution, the judiciary has the power to overturn said law when it is challenged in the court system. In an ideal situation, everyone would play by the rules, but for the instances where they do not, the checks and balances system is in place.

The need for this system becomes more apparent when you look at instances where the system has failed. At the moment, the executive branch of the American government is the strongest it has ever been. This is due in part to the fact that Republicans have the majority in Congress and the Presidency, as well as the fact that the judiciary is currently leaning on the conservative side.

In other words, the fact that one party has control of all three branches of government, means that the checks and balances system will be unable to function properly. As all three branches are of the same political persuasion, mindset and agenda, there is no reason for protests to be brought in terms of questionable legislation or actions.

As a result, legislation has been passed in recent years that could potentially cause great damage to the state of American civil rights and liberties. The ramifications will take years to play out, and even longer to rectify if possible.

Checks and balances not only safeguard against the use of excessive power by a particular branch of government, but they also help to maintain stability and the status quo in American society. The more balanced the system, the less dramatic and drastic the changes will be; remove the balance, and everything becomes skewed.

Hopefully, the balance in our government will begin to be restored by means of the next election. Ultimately, it is up to the American people to return control to the system.

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