And Balances in Action: Real-life Examples from U.S. History

The principle of checks and balances is fundamental to the functioning of the United States government. It ensures that no single branch becomes too powerful by providing each branch with the means to limit the powers of the others. This article explores significant real-life examples from U.S. history that illustrate how checks and balances operate in practice.

The Founding Principles

The concept of checks and balances was introduced by the Founding Fathers in the Constitution. They aimed to create a system that would prevent tyranny and protect individual liberties. The government is divided into three branches:

  • Legislative Branch (Congress)
  • Executive Branch (President)
  • Judicial Branch (Supreme Court)

Each branch has specific powers and responsibilities, as well as the ability to check the powers of the other branches. Understanding these interactions is crucial for comprehending American governance.

Example 1: The Impeachment of Andrew Johnson

One of the earliest and most significant examples of checks and balances in action occurred during the impeachment of President Andrew Johnson in 1868. Johnson, who succeeded Abraham Lincoln, faced political opposition due to his lenient policies towards the South after the Civil War.

The House of Representatives impeached Johnson primarily for violating the Tenure of Office Act by removing Edwin M. Stanton, the Secretary of War, from his position and attempting to replace him. This act was seen as an overreach of executive power.

The Senate held a trial to determine whether Johnson should be removed from office. Ultimately, he was acquitted by just one vote, demonstrating the Senate’s role in checking the power of the presidency.

Example 2: The Watergate Scandal

The Watergate scandal in the early 1970s is another prominent example of checks and balances at work. The scandal began with a break-in at the Democratic National Committee headquarters and led to a series of revelations about abuses of power by President Richard Nixon.

As investigations unfolded, Congress took action by holding hearings and issuing subpoenas for documents and testimony. The Supreme Court became involved when Nixon refused to release tape recordings, claiming executive privilege.

In the landmark case United States v. Nixon (1974), the Supreme Court ruled that the president was not above the law and must comply with judicial subpoenas. This decision reinforced the power of the judiciary to check the executive branch.

Example 3: The Affordable Care Act and Judicial Review

The passage of the Affordable Care Act (ACA) in 2010 sparked significant debate over the powers of Congress and the executive branch. The ACA aimed to expand healthcare coverage and included provisions that mandated individuals to purchase health insurance.

Opponents of the ACA challenged its constitutionality, leading to a Supreme Court case, National Federation of Independent Business v. Sebelius (2012). The Court ultimately upheld the individual mandate as a valid exercise of Congress’s taxing power.

This case exemplified the judiciary’s role in reviewing legislation and ensuring that Congress does not exceed its constitutional authority. It also highlighted the ongoing tension between state and federal powers.

Example 4: Presidential Vetoes and Congressional Overrides

Presidential vetoes serve as a critical check on legislative power. When Congress passes a bill, the president can choose to sign it into law or veto it. A notable example occurred in 2015 when President Barack Obama vetoed a bill that aimed to repeal the ACA.

Congress attempted to override the veto, but fell short of the necessary two-thirds majority in both chambers. This incident illustrates how the executive branch can check legislative actions and vice versa.

Example 5: The War Powers Resolution

The War Powers Resolution of 1973 was enacted to ensure that Congress retained the power to declare war, thus checking the president’s authority as commander-in-chief. This legislation requires the president to consult with Congress before engaging U.S. forces in military action.

Despite this, presidents have often acted unilaterally in military matters, leading to ongoing debates about the effectiveness of the resolution. The tension between the executive and legislative branches in matters of war exemplifies the ongoing struggle for balance in U.S. governance.

Conclusion: The Importance of Checks and Balances

Checks and balances are vital to maintaining a democratic government. The examples discussed highlight how each branch of government exercises its powers while also holding the others accountable. Understanding these historical instances allows us to appreciate the complexities of American governance and the importance of each branch’s role in upholding democracy.