A System of Checks and Balances Should be Adopted to Prevent the Abuse of Power.

Our Founding Fathers actually wanted a total and complete separation of powers between the three branches of government. Montesquieu’s presentation advocated a separation of functions, but still subject to the checks of the other departments. It was finally settled when James Madison took five Federalist papers to explain the separation of powers between the legislative, executive and judicial branches. The separation was not to be destructive but balanced. But to preserve liberty, the three branches had to be separated to prevent usurpation and abuse of power between any of the branches. Madison stated “I shall undertake to show that unless the departments be so far connected and blended as to give each a constitutional control over the others, the degree of separation which the maximum requires, as essential to a free government, can never in practice be duly maintained.” (Federalist Papers, No. 48, p. 308)

The most important factor was that no branch of government would be able to intrude into the legitimate functions of the other. The hardest thing for the Founders to do, though, was to prevent each branch intruding into the powers of each other. In our current time, we have failed to use checks and balances effectively. Now we have a Judiciary who actively takes legislation and fits it to what that body deems as being Constitutional without going back to the Congress until they get it right. Now the President of the United States even usurps the authority of the Congress by passing executive orders. Even the Congress has usurped powers never granted to it by the Constitution by taking that power away from the States where it actually belongs. The legislature has imposed taxes upon the people that were never envisioned or even contemplated by our Founding Fathers.

The only effective way to ensure that the three branches of government adhere to the system of checks and balances is for the people to stand up and make certain that they do. One way to do this is to elect people who will swear to make sure that they will abide by the constitutional barriers. The system of checks and balances were designed to make sure the will of the People was protected. The three branches of government derive their power from the constitution via the people. The people protect their ultimate authority by demanding that their representatives project that will on each of the three branches. The framers separated the three branches of government to be independent of each other so that no one branch could ever delegate its power to any of the other branches. This made each branch independent while at the same time mutually dependent upon each other.

The original checks and balances include the following provisions:

The House of Representatives serves as a check on the Senate since no statute can become law without the approval of the House.
At the same time the Senate (representing the legislatures of the States before the 17th Amendment, which I will do everything I can do to help get this repealed) serves as a check on the House of Representatives since no statute can become law without its approval.
A President can restrain both the House and the Senate by using his veto to send back any bill not meeting his approval.
The Congress has, on the other hand, a check on the President by being able to pass a bill over the President’s veto with a two-thirds majority of each house
The Legislature also has a further check on the President through its power of discrimination in appropriating funds for the operation of the executive branch.
The President must have the approval of the Senate in filling important offices in the executive branch.
The President must also have the approval of the Senate before any treaties with foreign nations can go into effect.
The Congress has the authority to conduct investigations of the executive branch to determine whether or not funds are being properly expended and the laws enforced.
The President has a certain amount of political influence on the legislature by letting it be known that he will not support the reelection of those who oppose his program.
The executive branch also has a further check on the Congress by using its discretionary powers in establishing military bases, building dams, improving navigable rivers, and building interstate highways so as to favor those areas from which the President feels he is getting support from their representatives.
The judiciary has a check on the legislature through its authority to review all laws and determine their constitutionality.
The Congress on the other hand, has a restraining power over the judiciary by having the constitutional authority to restrict the extent of its jurisdiction.
The Congress also has the power to impeach any of the judges who are guilty of treason, high crimes, or misdemeanors.
The President also has a check on the judiciary by having the power to nominate new judges subject to the approval of the Senate.
The Congress has further restraining power over the judiciary by having the control of appropriations for the operation of the federal court system.
The Congress is able to initiate amendments to the Constitution which, if approved by three-fourths of the States, could seriously affect the operation of both the executive and judicial branches.
The Congress, by joint resolution, can terminate certain powers granted to the President (such as war powers) without his consent.
The people have a check on their Congressmen every two years; on their President every four years; and on their Senators every six years.

What the Founders were trying to achieve with the Constitution of 1787 was a mechanism for peaceful self-repair when the system went out of balance (as it has today). Once a constitution has been written and provision made for remedy or repair by peaceful means, this is the best route to pursue. It requires more patience, but over time the results are more certain. Our Constitution was written for just such a purpose. The people only need to learn how to exercise the provisions for remedy and repair.,,,,,,,http://www.johndummett.us/