The article discusses checks and balances theory and implementation in the US government. Mainly, checks and balances are a principle of government which empower branches to prevents other branches’ actions. Moreover, the theory applies to constitutional governments and are essential to tripartite governments. Tripartite governments such as the one in US separate powers among legislative, executive, and judicial branches. Primarily, it modifys the separation of powers and may operate under parliamentary systems. The US constitution’s influencers saw it as necessary for the security of liberty. One can analyze the theory’s implementation through countries such as Britain and the US.
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CHECKS AND BALANCES IMPLEMENTATION AND SEPARATION OF POWERS
The checks and balances implementation in the US followed after the separation from Great Britain. The US mainly adopted the profound tradition of separation of powers, freely expressing the principle in their charters. Notably, at first, the principle got less flavored as it got drawn from Britain. Thus, there was a lot of violation of the separation of powers doctrine by the legislatures. The doctrine of separation of powers got based on several generally held principles, such as government separation. Primarily, there were institutional devices in place to achieve the principles found in the constitution.
THEORY IMPLEMENTATION AND POWERS OF CONGRESS
The checks and balances implementation get observed in the court’s intervention on the powers of Congress. First, section 8 gives Congress the power to lay and collect taxes, imports, and excises. The constitution allows Congress to tax to provide for the common defense and general welfare. Also, the court has looked into the issue of whether Congress has the constitutional power to tax. That is when Congress wants to accomplish regulatory goals that would otherwise be outside the scope of enumerated powers. Significantly, the court ruled that the taxing power gave Congress no authority to regulate certain practices such as medicine. The essay helps in understanding checks and balances theory and implementation in the US.
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