General

The Civics of Checks and Balances in the U.S. Constitution

                                                                                                                                                                                                                                           The preamble to the U.S. Constitution

The US Constitution separates our government into three branches, the legislative branch that makes the laws, the executive branch that enforces the law, and the judicial branch that interprets the laws, as follows:

                                Article I, Section 1.   All legislative Powers herein shall be vested on a Congress, which shall consist of a Senate and a House of Representatives…

                               Article II, Section 1.  The executive Power shall be vested in a President of the United States of America…

                              Article III, Section 1.  The judicial Power of the United States shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and established…

Our system of checks and balances ensures that no single branch of government becomes too powerful, because the powers of each branch can be checked by the powers of the other two branches. See, History.com[2]

 An example of checks and balances at work occurs when Congress, the legislative branch, votes to pass a bill to become law, but where the President, the executive branch, has the constitutional authority to veto. However, Congress has the constitutional authority to override the presidential veto.

Another example is congressional oversight. Although congressional oversight and investigation are not specifically mentioned in the Constitution, that authority is implied since Congress possesses “all legislative powers”, (See, History.house.gov[3]), and is essential to the system of checks and balances. See, Congressional Research Service[4]

 Why is this important?

 Why do we need to know this?

 In response to the riots that occurred on January 6, 2021 at the US Capitol as Congress was counting the electoral votes, the Select Committee to Investigate the January 6th Attack on the United States Capitol was established:

“To investigate and report upon the facts, circumstances, and causes relating to the January 6, 2021, domestic terrorist attack upon the United States Capitol Complex … and relating to the interference with the peaceful transfer of power, …  See, january6th.house.gov[5]

As reported by CBS News on June 3rd, the select committee announced that a public hearing will be held on June 9th.[6]  While some may reduce these hearings to mere political theatre as the midterm elections approach, this is our Congress exercising its constitutional authority. Just because the hearings are inconvenient for one political party as opposed to the other party, does not take away from the importance of the subject matter.

On January 6, 2021, people died, the lives of our elected officials were threatened, the Capitol was desecrated, our democracy was attacked, and now our future hangs in the balance.  To be sure, without any oversight, without any investigation or review, no matter the political party, such an attempt on our democracy is destined to occur again.

 Be Informed

Be Engaged

Be Involved

 

[1] https://commons.wikimedia.org/wiki/File:Constitution_of_the_United_States,_Preamble.png

[2] https://www.history.com/topics/us-government/checks-and-balances

[3] https://history.house.gov/Institution/Origins-Development/Investigations-Oversight/

[4] https://crsreports.congress.gov/product/pdf/RL/RL30240

[5] https://january6th.house.gov/about

[6] https://www.cbsnews.com/news/january-6-committee-hearing-june-9-primetime/

3 Comments

  1. Awesome!!

  2. Thank you for you comment.

  3. Itís nearly impossible to find educated people in this particular subject, however, you seem like you know what youíre talking about! Thanks

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