Checks and Balances

Our Founding Fathers were fearful of their Federal government becoming abusive to the people.  The accompanying fear of an abusive system of government is a run-a-way government that is not being prudent in how the people’s money is spent.  Due to these fears the Founding Fathers sought ways the central government’s powers could be controlled.  A system of Checks and Balances was established to bridle the activities of the Federal government.

States Separate Federal Government from the People

The Founding Fathers felt that the State leaders were best prepared to protect the people’s rights from a run-a-way government so a political wall was established between the people and the Federal government.  Article 1, Section 8 of the Constitution defines what the Federal government was allowed to do. 

James Madison the acknowledged Father of the Constitution stated that the powers granted to the Federal government are few and defined.  A short list of twenty powers were assigned to the Federal government; limiting its powers and responsibilities.  These powers were given by the State governments to the Federal government. 

In Article 1, Section 8 the Federal government was given the twenty powers that the States felt were best suitable for a Federal government to be allowed to do.  The Federal government was restricted to these twenty powers.  Any increase in the powers assigned the Federal government would have to be modified by the people.

Bill of Rights

Even with the Checks and Balances that were placed into the Constitution to protect the rights of the people some of the Founding Fathers were still hesitant to sign-onto the Constitution.  To get the acceptance of these Founding Fathers the “Bill of Rights” was added to the Constitution. 

The Bill of Rights goes into greater clarity defining the powers the Federal government is NOT allowed to do.  It was felt by many of the Founding Fathers that the central government would attempt to over step their specified list of powers if the Bill of Rights were not added to the constitutional document. 

Balance of Power

The checks and balances ensure a balance of power.  The structure of the Federal government creates a balance of power.  The checks established in the constitution were created by the Founders to keep the Federal government under control.

The House of Representatives has the assigned responsibility to protect the rights of the people.  House Representatives are elected by the people to represent their needs for a period of two years.  The representatives were to be subject to the people thereby protecting the people’s rights.

The U. S. Senators were to be appointed by their respective State legislature.  The Senators were assigned the responsibility to represent the rights and needs of their State.  These Senators were to report back to their State’s legislature actions that were being taken at the federal level of government.  The State legislature would then decide what actions the U. S. Senators would take for the benefit of their state.

The President of the United States was to be the administrator of the House of Representatives as well as the Senate protecting the rights and freedom of the people along with the States.  In this way there is a balance of powers created designed to protect the unalienable rights of the people.

Checks

The key to the established checks within the constitution is the VETO authority of each of the branches of government.  The House of Representatives has the ability to VETO actions taken by the SENATE as well as actions taken by the PRESIDENT of the United States.  In turn, the Senate has VETO power over the House of Representatives as well as the President.  The President in turn has VETO authority over the actions taken by the House and Senate.

It is these VETO powers giving authority to each of the branches of the Federal government that create the “checks” of powers and abuse.  Use of the VETO authority creates the balance of power as it guarantees that NO laws can be passed unless the people’s rights and the state’s rights are fully protected. 

Main Duties of the House of Representatives

The House members have the power to VETO legislation that does not benefit their electorate the people.  The House of Representatives has the power to tax the States.  No where within the original constitution was the Federal government given the right to tax the people directly.  Revenue required by the Federal government was to be levied onto the States.  The House has the power to SPEND; the power to BORROW.  The House of Representatives are responsible for the GENERAL welfare of the people.  The House is responsible to handle affairs that deal with multiple States.  Decisions of the House of Representatives can commit the States funds as well as actions.

Responsibilities of the Senate

The Senators were to be the “sentinels” for the States to protect their State’s rights.  Senators were to be appointed by their state legislature for a period of six years.  The Senate was designed to be a stable element cooling the actions of the House and President of the United States.  The Senate terms were established to be for a six year period along with being staggered so as to avoid emotional political turmoil.  The Senators were to be the stabilizing influence at the Federal government level. 

The Supreme Court

The Supreme Court was established to ensure that the constitutional provisions were adhered to by all parties.  The Supreme Court was to be the “watchdogs” of the constitution to further protect the unalienable rights and freedom of the people. 

The Supreme Court was given the power and authority to overrule the actions of the President and the bi-camel congress if actions taken were found to be contrary to the limitations and powers established in the constitution.  In this way excesses of government could be controlled.

RECAP

This system of checks and balances worked well for over 130 years.  The people’s rights as well as the State’s rights were protected.  In 1913 the established checks and balances were drastically altered creating many of the problems we as a nation are undergoing today.  The enactment of the 16^th and 17^th amendments have virtually destroyed the established checks and balances found in the Founding Fathers Constitution.

Repeal the 16th Amendment 

Actions to repeal the 16^th Amendment would return the checks and balances that had been originally placed in the Constitution.  The 16^th Amendment was a major blow against States Rights.  The States were no longer a barrier between the people and the Federal government.

Our Founding Fathers established the States to be a “Wall of Political Protection” between the citizens and the Federal government.  This Wall of Protection was one of the checks that were placed into the constitution to assist in bridling an out-of-control central government.

The 16^th Amendment to the United States Constitution allowed the Federal government to directly tax citizens of the United States.  Prior to the enactment of the 16^th Amendment the Federal government would tax the individual States for monies it needed to operate.  The States then had to decide how the necessary funds were to be collected from the State’s population. 

What is a Constitutional Amendment?

An amendment to the constitution permanently changes the constitutional document.  Changes to the constitution must be made carefully so that the unalienable rights of the people are not adversely affected.  A constitutional amendment not only affects the constitution it may affect other related laws.  Our Founders made adoption of constitutional amendments difficult to avoid reckless changes to the constitution.

To protect the rights of the people additional requirements was established mandating that ¾ of the States approving any changes made to the constitution.  This approval was to be performed by either the State’s legislature or a specifically elected constitutional convention committee.  Failure of ¾ of the States to approve an amendment would negate that amendment.

Article 1, Section 9 of the Original U. S. Constitution

Article 1, Section 9 of the U. S. Constitution prohibited the Federal government from collecting taxes or funds from individuals.  The Federal government was limited to collecting revenue from the States according to that State’s population.  Each state was responsible for determining how the individuals within the state were to be apportioned for their individual share of the monies levied against the state.

Our original constitution gave the Federal government the power and authority to collect revenues from limited specific sources.  The Federal government was authorized to set tariffs, excise taxes, along with consumption taxes.

The 16^th Amendment to the U. S. Constitution

The 16^th Amendment severely damaged State rights by allowing the Federal government to tax the State’s citizens directly.  The 16^th Amendment and the following 17^th Amendment have severely damaged the “Wall of Political Protection” that the Founding Fathers had established to control the Federal government.   By repeal the 16th Amendment and repeal of the 17th Amendment the damage to the checks and balances established within the constitution can be corrected.

• The 16^th Amendments reads as follows:  “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regards to any census or enumeration”.

Repeal the 16^th Amendment

The Wall of Political Protection or checks and balances must be re-established in order to bring the Federal government back under control.  The power and authority of the States must be returned.  It is important to repeal the 16^th Amendment however of greater priority is to repeal the 17^th Amendment. 

Repeal of the 17^th Amendment will give the States power and authority to once again bridle the Federal government.  After the 17^th Amendment has been repealed we can proceed to repeal the 16^th Amendment. 

Failure to correct errors placed in amendments to the constitution in a proper order will open up the possibility of greater control being taken from the States and given to the Federal government.  Corrections to the constitution must be done with care and forethought. 

Healing of America

America can be healed.  Through education followed by deliberate actions the errors placed in the constitution can be corrected.  The healing of America can be accomplished in a relatively short period.

States Rights

Our Founding Fathers were allowed to experience two governmental extremes, totalitarianism as well as near anarchy by a government authority not having sufficient power to rule.  Faced with these two extremes the individual states rights became paramount.  The newly formed government constitution of the United States allowed the individual states to retain their powers and authority over the Federal government.

Great effort and analysis of earlier government forms were researched to determine the strengths as well as weaknesses of each.  Biblical, Greek, Roman along with Anglo-Saxon history were analyzed in order to find a governmental form that would recognize man’s unalienable rights as well as providing the central government sufficient authority to govern efficiently. 

The United States Constitution embodies the principles that were rediscovered by the Founders as they searched for suitable government rules regulations and laws.  In 1789 the resulting constitution was enacted.  This newly formed government provided for the individual states to each have rights.  These States rights provided the states power and authority over the Federal government.  The Federal government was limited to only the rights specified in the constitution and allowed by the States.

Wall of Political Protection

The States rights became an integral part of the “Wall of Political Protection” that was established to protect the rights and freedoms of the people.  The States became the wall that separated the people from the Federal government.   All government rights that had NOT been specifically given to the Federal government belonged to the States. 

The Federal government’s actions were to be controlled by the States.  Any actions by the Federal government that over stepped the governments allotted powers the States had the power and authority to curtail.  The States were a “check” on an out-of-control central government.

The constitution by establishing checks and balances allowed the government to efficiently operate while keeping the central government controlled.  The Founding Fathers did not want a Federal government that was as bad as or worse than they had experienced under the rule of a King of England. 

Checks and Balances

Before a law could be enacted the Executive as well as the House of Representatives and the Senate must be in agreement.  Each of these governmental bodies had the authority to veto the actions of the other.  The States had the power through the Senate to control the actions of the Executive branch as well as the House of Representatives.  

The Senate prior to the 17th amendment was appointed by their respective state legislators.  In order to keep their position as U. S. Senator the senator had to do the bidding of his state legislators.  The U. S. Representative of the House of Representatives is elected by the people of his state.  He is motivated to follow the directives and wishes of the voters who placed him in the office. 

Senate Protected States Rights

The Senate represented the States.  The House of Representatives represented the people of their respective state.  The Executive Branch or the president has been given the responsibility as to Chief of State, Commander of Chief of the military, Chief Executive Officer, Chief Diplomat, Chief Architect of needed legislation as well as the conscience of the nation.  In these responsibilities the President of the United States represented the people as a whole.  Each division of the government has veto power over the other. 

The States rights are there to protect the freedoms of the people.  Without the States having the power to veto the other two branches of government the Federal government through bribery and intimidation will be allowed to expand without limit. 

States Rights

Our original constitution species what the Federal government can and cannot do.  All the remaining powers and authority fall into the States rights.  In this way, the States are the sole protector of the people’s unalienable rights and freedoms.

Repeal the 17th Amendment

Repeal the 17th Amendment will reinstate the checks and balances originally set in place by our Founding Fathers in the constitution.  Until the checks and balances are fully reestablished correcting the ills of America will not be possible.

The Founding Fathers

Our Founding Fathers had experienced tyranny by living under the authority of an unjust King.   The Founders were fearful that the government that they were about to establish would take on responsibilities that it had NOT been allocated. 

An all powerful central Federal government would be no different than the government they had fought the Revolutionary War for freedom.  To prevent the newly established government from becoming as over bearing tyrannical as that of the King of England certain checks and balances were established to stop any encroachment of power by the Federal government. 

Established “Checks and Balances”

The Founders established the States with powers along with the authority to control the actions of the Federal government.  The State’s senators were given the power and authority to veto actions of the Federal government as well as the House of Representatives.  The 17^th amendment destroyed the ability of the States to control the government.  It is necessary to repeal the 17^th amendment in order to restore to the State’s their ability to control an over bearing central government.

Wall of Political Protection

Our Founders had established the States as a barrier or wall between the people and that of the central government.  All actions by the Federal government had to first go through the people’s respective State government.  Taxes levied were allocated against the States which in turn determined how those taxes were to be paid by the citizens of each respective state. 

The State’s were able to exercise their veto powers whenever the Federal government over stepped its bounds.  Taxes or regulations placed upon the States that were unjust could be vetoed.  The State Senators were the sentinels for their respective state working on the States behalf to veto any unjust laws that would unfairly affect their state.   The State’s U. S. Senators functioned in this manner for over 100 years until 1913 when the 17th amendment was enacted.

The 17^th Amendment

Enactment of the 17^th amendment destroyed the balances of authority the Founding Fathers had placed in the constitution to protect the rights and freedoms of the people.  No longer were the senators obligated to do the bidding of their respective state. 

Under the original constitution the U. S. Senators were appointed by the State legislators to serve the State for a period of six years.  The U. S. Senators worked for their State reporting back to the State legislators actions that were occurring at the Federal government level.  The State legislators then advised the U. S. Senators what actions they should or should not take with regards to the procedures of the Federal government.  Our state legislators kept control over the Federal government by controlling the actions of their appointed United States Senators.

Today’s U. S. Senators

Today the U. S. Senators campaign for votes from the voting population of their respective state.  The U. S. Senators have no obligation to follow or listen to the directives from their State’s elected authority.  An established check on the Federal government was eliminated. 

Currently our U. S. Senators campaign for votes just has the House of Representatives campaign directly for the people’s votes.  As such the U. S. Senators have NO motivation to protect their state from an over bearing central government.  In order to get re-elected the Senators find that
providing benefits catered to the FEW but politically powerful fulfill their base to being elected to the office of U. S. Senator. 

The people within the state thinking they were going to get more power and control over their U. S. Senators have found they now have less.  Even in these perilous economic times facing the Federal government the U. S. Senators has little motivation to correct the problems facing America.

Repeal the 17^th Amendment

By repealing the 17^th amendment a check on the Federal government is re-established.  Once again the State’s can veto unjust unfair laws regulations and taxes.  This reinstatement of the checks and balances established by our Founding Fathers will be the beginning of the healing of America.

Wall of Protection

 America’s Wall of Political Protection

America’s wall of political protection is a set of “checks and balances” drafted into our constitution to provide the States’ with the authority to keep the federal government in check.  It is the checks and balances that protect the rights and freedom of the people.

Our Founding Fathers were so fearful of a runaway central government that they felt it necessary to establish in the U. S. Constitution multiple checks and balances.  The Bill of Rights is one of the “checks and balances” added to the constitution to further clarify what the federal government could or could not do. 

Experienced Firsthand

The Founding Fathers had been allowed to experience firsthand what it was like to live under the control of an all powerful central form of government.  It was the rulings of an unjust King thousands of miles away that led to the Revolutionary War.  After the war our Founders lived under a charter, the Articles of Confederation, which taught them the problems with a central government that did not have sufficient authority to rule efficiently. 

Faced with the two extremes the Founding Fathers did not want their newly formed government to have the characteristics of either form of government.  The Founders labored thousands of hours deliberating over the clauses and wording that would be included in the constitution providing the necessary protections. 

Protecting the Unalienable Rights and Freedoms

The Founders were so diligent in protecting the people’s unalienable rights and freedoms that drafting the constitution took nearly eleven years to accomplish.  After the constitution was drafted it took two additional years before the document was ratified to become the “Constitution of the United States of America”.  The Bill of Rights was added to the constitution as many of the Founder’s felt additional support was necessary to enhance the checks and balances within the constitution.  The resulting document enhanced America’s wall of political protection by establishing additional checks and balances.

Checks and Balances

Our Founders were fearful of a runaway central government so within the constitution were placed “checks and balances” so that actions taken by the central government could be controlled.  Over the years we have allowed our representatives to alter the constitution thereby removing many of the established checks and balances.

Today we are facing the effects of removing these checks and balances from our constitution.  Our country has become what our Founders feared the most.  Our federal government has near unlimited power of its citizens. Many of the ills facing this nation are the result of our abandoning the safe guards provided in the original Founder’s constitution.

Today’s runaway government must be bridled.  Our politicians are not able to establish control over the federal bureaucracy on their own.    It is up to us the people to step in to take control re-establishing the checks and balances that were placed in the constitution when it was originally ratified in 1789. 

Healing of America

America can be healed.   The process begins with educating the American public of the great document they had been given by the Founders.  When an understanding of the U. S. Constitution is fully comprehended by the population as a whole we will have within our power the ability to begin healing America.  By re-establishing America’s wall of political protection (s) we can heal the constitution which will allow the healing of America to begin.

Thomas Jefferson Center

The Thomas Jefferson Center has developed several program and seminars designed to teach the principles encased in the United States Constitution.  These programs are provided to empower individuals with positive strategies to begin the process of healing America. 

We ask that you continue to check out the website.  Contact us for information along with seminar locations in your area.  America can be healed.  The healing of America will require your help.  You may call us at  Call 801 938-7135.