Checks and balances in the US

Just in case!

Executive on Legislative

  • Presidential veto
    • POTUS can reject legislation passed by Congress which blocks a bill becoming law unless Congress overturns the veto with 2/3 in both houses
    • President Obama vetoed the Justice Against Sponsors of Terrorism Act (JASTA, 2016)
      • This would have allowed families of 9/11 victims to sue Saudi Arabia
    • Prevents Congress from passing laws that the executive branch considers harmful or constitutional
      • Forces Congress to reconsider a bill
    • Article I, Section 7, Clause 2

      “Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it”

  • Executive orders
    • Issue directives that have force of law that are binding upon agencies within the executive branch
    • Trump renamed the “Gulf of Mexico” to “Gulf of America” in 2025 (E.O. 14172)
    • Allows the executive branch to respond to situations and take actions/make decisions
    • Article II, Section 3 (implied power)

      “he shall take Care that the Laws be faithfully executed,”

Executive on Judicial

  • Nomination of justices
    • Nominates federal judges (including for SCOTUS) who serve for life after confirmation by Senate
    • Trump nominated Brett Kavanugh to the SC in 2018
    • Allows exec branch to influence long-term direction of judicial interpretation
    • Article II, Section 2, Clause 2

      “and he shall nominate, and by and with the Advice and Consent of the Senate, … Judges of the supreme Court”

  • Ability to pardon
    • Grant pardons for federal crimes (clears the conviction against a person) or commute sentences (reduce without clearing)
    • Trump pardoned ~1600 Jan 6 rioters when he went into office on Jan 25 2025
    • Safety net against overly harsh sentences or wrongful convictions
    • Article II, Section 2, Clause 1

      “and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.”

Legislative on Executive

  • Overturn veto
    • Override a presidential veto with 2/3 supermajority in both houses
    • Congress overrode Obama’s veto against the JASTA in 2016
    • Prevents President from having absolute legislative power
    • Article I, Section 7, Clause 2

      “If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House…and if approved by two thirds of that House, it shall become a Law”

  • Power of the purse
    • Congress controls all federal spending and must approve government’s budget
    • Congress blocked funding of Trump’s wall
    • Ensures executive branch cannot act without legislative support
    • Article I, Section 9, Clause 7

      “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;”

  • Impeach presidents
    • House can impeach president for “high crimes and misdemeanors” by adopting a motion (simple majority), and the Senate removes them from office with a 2/3 supermajority (i.e. 67/100 votes)
    • Trump impeached second time in Jan 2021 for “incitement of insurrection” due to Jan 6, acquited by a 57-43 vote
    • Prevents presidents from completely abusing their office
    • Article II, Section 4

      “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

    • Article I, Section 2, Clause 5

      “The House of Representatives…shall have the sole Power of Impeachment.”

    • Article I, Section 3, Clause 6

      “The Senate shall have the sole Power to try all Impeachments…And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

Legislative on Judicial

  • Impeach justices
    • House can impeach federal judges for “high crimes and misdemeanors”
    • SC Justice Samuel Chase impeached by the House in 1804, accused of openly displaying partisan behaviour. The Democratic-Republican party led by Thomas Jefferson pushed to remove the Justice who was openly Federalist. Acquited on all counts by the Senate.
    • Provides accountability for judicial misconduct, and to ensure that judges cannot abuse their lifetime appointments to act corruptly
    • Article II, Section 4

      “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

    • Article I, Section 2, Clause 5

      “The House of Representatives…shall have the sole Power of Impeachment.”

    • Article I, Section 3, Clause 6

      “The Senate shall have the sole Power to try all Impeachments…And no Person shall be convicted without the Concurrence of two thirds of the Members present.”

  • Constitutional amendments to overturn verdicts

Judicial on Executive

  • Declare presidential actions unconstitutional

Judicial on Congress

  • Declare acts unconstitutional
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