What does checks and balances allow?

Checks and balances allow each branch of the federal government to limit the powers of the other two branches, preventing any one branch from becoming too powerful. The system of checks and balances is closely related to separation of powers but distinct. Separation of powers divides governmental authority among the three branches. Checks and balances give each branch tools to influence and constrain the others. The Constitution distributes these checks across all three branches.

Congress's checks on the executive branch include the power to write laws (which the President must enforce), to control federal spending (which the executive needs to operate), to declare war and maintain armed forces, to ratify treaties (Senate, by two-thirds vote), to confirm presidential appointments to senior offices and the federal judiciary (Senate, by majority vote), to impeach and remove federal officials (House impeaches, Senate tries and removes by two-thirds vote), and to override presidential vetoes (by two-thirds vote in both chambers). Congress's checks on the judicial branch include the power to create and abolish federal courts below the Supreme Court, set the size of the Supreme Court (currently nine justices, set by statute), confirm judicial appointments (Senate), impeach federal judges, and pass legislation that responds to court decisions or, through the amendment process, override constitutional rulings.

The President's checks on Congress include the power to veto legislation, which Congress can only override with a two-thirds vote. The President can also propose legislation, set the legislative agenda through the State of the Union address, and use the bully pulpit to rally public support or opposition for bills. The President's checks on the judiciary include the power to nominate federal judges and to grant pardons.

The judiciary's checks on Congress include the power of judicial review, established in Marbury v. Madison (1803), which lets courts strike down laws that violate the Constitution. The judiciary's checks on the executive include the power to invalidate executive orders and other actions that exceed presidential authority, as in Youngstown Sheet & Tube Co. v. Sawyer (1952). Federal courts can also order specific government conduct through writs and injunctions.

The system of checks and balances has worked imperfectly throughout American history. Different periods have seen different branches dominate, and conflicts among the branches are constant. The checks and balances system is sometimes praised for preventing tyranny and is sometimes criticized for producing gridlock and making government less responsive.