In setting up the American government, the writers of the Constitution wisely created checks and balances on the government’s power. They set up balances by dividing the governing powers between different branches—the judicial, the legislative, and the executive. In other words, the power to legislate, make, and enforce laws is balanced between these three branches. Checks, on the other hand, are specific duties given to each branch of government that allow them to restrain the actions of the other branches. For example, when Congress passes a law, the president has the power to veto that law if he or she disagrees with it. This system of checks and balances prevents any one branch from gaining too much power and taking complete control of the government.
The House of Representatives and the Senate form Congress, the legislative branch of the government. The legislative branch is responsible for making laws. For a bill to become a law, it must first pass with a majority vote in both the House and the Senate. If either the House or the Senate does not ratify a bill, it dies. Representatives and senators are elected officials who only hold office for a restricted period of time.
The president holds the executive powers. The president signs or vetoes bills passed by the legislative branch, recommends new laws, and directs national defense and foreign policy. (Bills vetoed by the president can still become laws if a two-thirds percentage of the House and the Senate vote in favor of them.) The president is the commander of the armed forces, and he acts as the chief law enforcement officer. A president is elected every four years.
The Supreme Court heads the judicial branch. The Supreme Court interprets the Constitution, reviews laws, and decides cases involving states’ rights. For example, in 1954, the Supreme Court determined that “separate but equal” laws requiring segregation of public schools were unconstitutional. Table 1.1 lists several checks and balances in the government.
| Balances | Checks |
|---|---|
| The president enforces laws. | The House and the Senate impeach the president. The House and the Senate override vetoes. |
| The House and the Senate write laws. | The president vetoes bills passed by the legislature. The Supreme Court declares laws unconstitutional. |
| The Supreme Court interprets laws. | The president appoints judges to the Supreme Court. The House and the Senate approve the president’s appointments to the Supreme Court. Congress impeaches Supreme Court justices. |
As we’ve seen, the Constitution was designed to create a strong central government, which would require the states to give up power. However, the national government was not to have complete control. The Tenth Amendment declares, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.” In other words, the national government only has the powers that are specifically given to it by the Constitution. All other powers are given to the states and to the people. Just as the Founding Fathers balanced power among the federal branches of government, they also balanced power between the federal and state governments.
Both the federal and state governments were given the power to do the following:
Each state has three branches of government, just as the federal government does. In place of a president, a governor is the executive head of an individual state. The state legislature fills the legislative branch. The state supreme court holds the highest judicial powers in the state. Each state also has its own constitution and set of laws. State laws vary widely from place to place. For instance, in Wyoming many items are exempt from sales tax. In Utah, a 4.85 percent state sales tax is in place on essentially all goods (this does not include local government sales tax).1
Before moving to another state, you may want to find out the differences between that state’s laws and the laws of your state. Many states have interesting laws. For example, in Tennessee, it is illegal to bring a skunk into the state.2 In Arkansas, it is highly discouraged to mispronounce “Arkansas.”3 And in Utah, you can’t ride your bike without holding onto the handlebars with at least one hand.4
The following rights are reserved for the states:
The federal government alone is allowed to do the following:
The many divisions in our government help to maintain a balance of power by giving appropriate tasks and powers to various branches of the local, state, and federal governments and by leaving the other powers to the people.
2. Tennessee Code Annotated, 70.4.208 (2014).
3. Arkansas Code of 1987 Annotated Official Edition, 1.4.105 (2014).
4. Utah Code, 41.6a.1112 (2014).