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Checks and Balances

The doctrine of separation of powers developed over many centuries. This practice doctrine can be traced to the British Parliament's gradual assertion of power and resistance to royal decrees during the 14th century. Political theorist, John Locke wrote about the concept of separation of powers in his Second Treatise of Government (1690). In the United States, the separation of powers is a fundamental constitutional principle. The framers of this Constitution saw the need to divide power within the government to prevent a single group from ruthlessly taking over the country. Articles I through III of the Constitution of the United States place each of the basic powers of government in a separate branch. This separation of power allowed each branch of government to check each other and maintained a balance of power. An important aspect of the separation of powers is that the power of one branch of the government would have no power over another branch. For example, a lawmaker may not also administer the laws. Another important feature of the separation of powers in the United States is judicial review. The courts, not Congress or the president, say what the law means when a case is before them. In some cases, the courts may even strike down a law enacted by Congress. They can also order the executive branch to halt enforcement of a law or government policy. But this is done only if they determine that the law or policy conflicts with the Constitution. But the Constitution is most of all a document of checks and balances: among the three branches of the federal government; and between the levels of government, nation and state. It insures that no branch of government would be able to abuse its power and take over. The legislative power is given to Congress, the executive power to the president, and judicial power to the Supreme Court and other federal courts.The legislative branch, Congress, has the power to make laws valid fo...

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