Checks and Balances Form of Government in the U.S.

Our existing form of government operates under the Separation of Powers Doctrine, also known as the Checks and Balances System.

The U.S. Constitution calls for the powers of the federal government to be divided into three separate branches: the legislative, executive, and the judiciary. Under the separation of powers, each branch is has a separate function, but the three branches are interrelated. They cooperate with one another, but also prevent one another from attempting to assume too much power.

Each branch has a specific function:

• Legislative (Congress): makes the laws
  
• Executive (President): implements the laws
  
• Judiciary (Courts): interprets the laws

Under the system of checks and balances, each branch acts as a restraint on the powers of the other two.

• The president can either sign the legislation of Congress, making it law, or veto it.
  
• Congress can overturn a presidential veto if both houses approve the bill by a two-thirds majority.
  
• The courts, given the sole power to interpret the Constitution and the laws, can uphold or overturn acts of the legislature or rule on actions by the president.

Our system of government is largely credited to James Madison, who introduced his Virginia Plan at the Second Continental Congress. Madison was well-versed in the separation of powers doctrine, which is often attributed to French philosopher Baron Montesquieu. Montesquieu was a social commentator and political thinker who lived in the 18th century during the Age of Enlightenment.

For a more complete summary of the checks and balances system, visit http://legal-dictionary.com.