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.

The Founding Fathers Constitution

The Founding Fathers of the United States were directed as well as inspired by God in the creation and writing of the United States Constitution.  Over the 220 plus years that the constitution has existed the constitution has undergone many changes.  To distinguish the original constitution from the constitution that the United States is governed by today we will call the original document the Founding Fathers Constitution.

The U. S. Founding Fathers were provided with a unique perspective that few people in history have experienced firsthand that is living under both extremes of government rule.  The authority of a tyrannical government as well as living under an ineffectual government charter with insufficient powers to govern. 

Initially life under the King George III of England was acceptable.  In fact, most of the people enjoyed life under the authority of the King of England.  As time passed grievances arose that the King was unable or unwilling to address.  The King’s unwillingness to correct the problems encountered by the colonists mounted till corrections had to be made.  The King refusing to address the problems worsened the situation for the colonists by adding additional laws, tariffs and taxes onto the backs of the colonists. 

A once loved King George III became a tyrannical leader.  The U. S. Founding Fathers attempted to redress the situation through every legal avenue they had available.  This eventually led to a hardening of positions on both sides which in turn led to the Revolutionary War.

Life under an Ineffective Government Charter

The colonies after cutting ties with England established a charter the Articles of Confederation to administer the duties, obligations of the thirteen colonies as well as conducting the war.  The Articles of Confederation were found to be ineffective not providing sufficient authority to the central government. 

The Articles of Confederation were dependent upon the colonies relinquishing authority over their territory.  The colonists as well as their colonial governments were unwilling to give the central government sufficient authority to effectively govern the thirteen colonies.   In spite of these deficiencies the Colonists were able to win the Revolutionary War.   George Washington credited the colonies performance in the war to acts of Providence.

The colonists lived several years under the limited authority of the central government governing using the Articles of Confederation charter.  This allowed the colonists to understand the disadvantages of life under a government that did not possess sufficient authority to effectively rule.  Living under these two extremes the Founding Fathers knew the disadvantages of both governmental entities.  The Founding Fathers historical experience allowed them to create a comprehensive document designed to protect the rights of the people.

The Founding Father’s Constitution

Life under the rule of the King taught the colonists to fear absolute control.  Whereas life under the charter of the Articles of Confederation taught the Founders that a central government must have certain powers and authority to be able to govern properly.  Faced with these two opposing positions the U. S. Founding Fathers undertook the creation of the United States Constitution.

Checks and Balances

The Founders were fearful that a central government over time would increase its authority and control over the people established sets of checks and balances to limit the ability of the central government to morph into a tyrannical government without the approval of the States and the people.  To protect the rights and freedom of the people checks and balances were established.

Thomas Jefferson believed that the government at the State level, being closer to the people, would provide the people with greater representation.  By balancing the authority of the national government with the combined powers of the States the powers of the national government are limited.  In this manner the powers of the Federal government are balanced between the States and the Federal or central government. 

Though the power of the Federal government was now balanced the Founding Fathers were still fearful that the central government could still develop into a tyrannical government body.   Further checks were established to limit and restrict the ability of the central government from acquiring additional authority and power over the people. 

Among the checks three entities of the national government established branches with specific duties and responsibilities.  Each branch had VETO authority over the other branches.  The bi-camel congress was given separate distinct responsibilities.  A bi-camel congress was established to represent their segment of the controlling government bodies.  The Senate was to defend the State’s rights whereas the House of Representatives were to represent the people.  It is this VETO authority that provides the checks to an out-of-control Federal government.

States Rights

The Federal government’s authority and powers are derived directly from the States.  The States were placed between the Federal government and the people.  In this way the States are a “Wall of Political Protection” protecting the rights and freedom of the people.  To accomplish this control authority the States were provided with Senators that would be under direct control of their State legislature. 

The U. S. Senators were to report directly to their State legislature to determine the response the Senators should or should not take at the Federal level of government.  The U. S. Senators were appointed by their States legislature.  The Senators were subject to the dictates of their particular State’s legislature.  In this way the States could protect the States authority as well as protect the freedom of its citizenry from infringing power of the Federal government. 

The House of Representatives was established to represent and protect the people of their state.  The House Representatives were elected by their state’s registered voters.  The House Representatives served subject to the dictates of the people.

Founding Fathers

The Founding Fathers established the separation of powers along with the redundancy of checks and balances so that the unalienable rights and freedom of the people could be adequately protected.  The Founders were so fearful of the possibility that the central government would morph over time to become tyrannical that the Bill of Rights was added to the Founding Fathers constitution. 

The Bill of Rights established the specific restrictions dictating the limits that were to be placed on the Federal government.  It was only with the addition of the Bill of Rights to the constitution that all the Founders got on board willing to accept the Founding Fathers constitution as the official governing document.  The Founders constitution was completed in 1787 and enacted in into the law of the land in 1789.