Many Americans today do not understand what the term checks and balances means or it’s importance, so here we go!
The System as Intended
Our forefathers who framed the Constitution of the United States saw the need for a system of checks and balances as essential for the security of liberty under the Constitution: “It is by balancing each of these powers against the other two, that the efforts in human nature toward tyranny can alone be checked and restrained, and any degree of freedom preserved in the constitution,” said John Adams.
Our Constitution divides our Government into three branches: Legislative, Executive, and Judicial. Each of these has specific powers within a system called “checks and balances”. The point of this system was to make sure no one branch would have too much power over the other two. Here are some common examples of the intent of our founding fathers.
- The Legislative Branch makes laws, and the Executive Branch signs them into law.
- Congress, House of Representatives and Senate, make laws as the Legislative Branch, but the President of the Executive Branch can veto those laws with a Presidential Veto.
- A Presidential Veto of the Executive Branch can be overridden with a two-thirds re-vote the Legislative Branch.
- The Executive Branch can issue Executive Orders similar to proclamations that act as laws.
- The Judicial Branch can find both laws and Executive Orders unconstitutional if they violate the Constitution or any of its 27 Amendments.
- The Executive Branch has responsibility for day-to-day enforcement and administration of Federal laws by way of Federal agencies. These agencies have responsibilities that vary widely such as workplace safety, food and drug safety, environmental protection, and border security.
- The Executive Branch has a doctrine of “Executive Privilege” which gives authority to the President to withhold documents or information from the Legislative or Judicial Branches of the government. An example would be Top Secret military classified documents.
- The Legislative Branch has the power to approve or reject Presidential nominations, control the budget, and can impeach the President and remove him or her from office by way of impeachment for causes such as treason, bribery, or other high crimes and misdemeanors. Again, it takes a two-thirds vote of both Chambers of the Legislative Branch.
- The Executive Branch nominates candidates to the Judicial Branch.
- The Legislative Branch confirms or rejects the Executive Branch nominations with a simple majority vote of the Senate after passing committee hearings.
So, while the Judicial Branch interprets laws and executive orders, the Senate of the Legislative Branch confirms the President’s nominations for judicial positions, but Congress can impeach judges and remove them from office for cause.
Finally, all the persons who fill these seats of all three branches of government, whether elected or appointed, take an oath of office to uphold the Constitution of the United States.
“I, _________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
It is to be noted there is a judicial oath which is slightly longer than the one above.
The Problem Today
Here are five examples of the problem we see today just this year where this system of checks and balances appears to be compromised by Democrats:
January 1, 2024 – Illinois Governor J.B. Pritzker (D) passed an assault weapons ban in 2023 gun owners of Illinois view as unconstitutional and illegitimate. Gun owners of Illinois (including the one who ran against Pritzker in the last election, Darren Bailey) have vowed they will not register their assault weapons. Almost all of Illinois’ 102 county sheriffs (92) will not enforce Pritzker’s law they view as unconstitutional. Some speculate less than 5% of gun owners have registered their assault weapons.
January 21, 2024 – The Supreme Court ruled to allow the Joe Biden (D) administration to remove the razor wire that Texas state officials set up along 29 miles of the U.S.-Mexico border to try to discourage unlawful immigration. Texas responded with Governor Abbott’s (R) open defiance of the Supreme Court’s border ruling as the justices violated their own Constitutional oaths to the offices they hold. He deployed the Texas National Guard and doubled down on protecting the border with more razor wire.
March 14, 2024 – Rep. Jim Jordan (OH-R) recently threatened Fulton County Georgia District Attorney Fani Willis (GA-D) with contempt of Congress if she doesn’t comply with subpoena in a Federal funding probe. Jordan’s House committee is seeking documents showing use of Federal grant funds issued by the Department of Justice, as well as documents and communications referring or relating to any allegations of the misuse of Federal funds. She has until the 28th to comply.
March 19, 2024 – “BREAKING NEWS: Peter Navarro Speaks To Reporters Before Reporting To Prison For Contempt Of Congress”
March 20, 2024 – “Undocumented Immigrants Have Right to Own Guns, Judge Rules” – Newsweek
CONCLUSION:
When this system of checks and balances is compromised American citizens will take the law into their own hands and do whatever they see needs to be done to restore order and justice in accordance with the Constitution in the vision of our forefathers.
Herein lies, what I believe to be, the greatest threat to our national security today, trouble within. The partisan lawfare the Democrats have brought into our land by way of billionaire philanthropist lefty George Soros will lead to death and destruction in short order.
“Trump, GOP-led states argue presidential immunity claim to Supreme Court” – Alabama Reflector
It is said, “Justice is blind.” This means justice in America should be void of bias and that includes partisan politics. After all, Lady Justice is viewed in statues wearing a blinder which would prohibit her from seeing blue or red.
Copyright © 2024 by Mark S. Schwendau
