The people who created the U.S. government wanted a way to make sure that no one branch (or part) of the government becomes too powerful. They built a system of checks and balances, also known as a separation of powers, into the Constitution.  

 

   We can find one example of checks and balances in the United States’ process for making laws. Congress, or the legislative branch, is responsible for making and passing (or approving) laws. But what if Congress writes and passes a law that is unconstitutional (or that doesn’t follow the Constitution), such as a law that says that Americans no longer have freedom of speech? If a law like this were passed, the President as part of the executive branch could veto (or cancel) the law. Another way to stop this law would be for the Supreme Court, part of the judicial branch, to say that it is against the Constitution, using its power of judicial review (or the power to overturn or undo laws passed by Congress). In this example, you can see that when one branch tries to do something that does not follow the Constitution, one or both of the other branches can stop that from happening. 

 

   Another good example of the separation of powers is the process by which a person becomes a Supreme Court justice (or a judge on the Supreme Court, the most powerful court in the U.S.). A prospective (or potential or possible) Justice is first appointed (or chosen) by the president. Congress must then approve of this appointment by getting a majority vote, which means that more than 50% of Congress must vote “yes” for the prospective judge. After receiving approval from Congress, the justice serves a life term (or for the rest of his or her life) on the Supreme Court.  As a Supreme Court judge, he or she can make decisions based on what the Constitution says, without worrying about what Congress or the President think. This way, the Justice can help overturn a law passed by Congress or decide that one of the president’s actions does not follow the law, without worrying about losing his or her job!

 

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