Question

How does the system of checks and balances serve to limit the concentration of power in the federal government? Cite specific ways the Legislative branch, the President and the Executive branch and the Supreme Court Justice and Judicial branch of government limit power of each of the other branches.

Answer 1

Concentration of power is the automatic consequence of economic growth and prosperity. The power to control and the need to form a ‘clout’ like situation is a basic human need from which stems the growth of leadership and power packed management. However the concentration should be more proactive and growth oriented with results being amply shown rather than mere personal gains and satisfaction.

The constitution has been formulated in a manner that each ‘wing’ of the government ( the executive , the judiciary and the legislative seek to check and balance the power while effectively truly to prevent its concentration in any one ‘wing’

The three wings or departments of the government are both independent and interdependent . Such a system creates a scenario where the powers of each of the department – the executive, the judicial and the legislative are neither absolute in the real sense nor are too interdependent such that it leads to a chaotic situation.

For instance, if the Congress approves of a law and passes it , the President can unilaterally stop its enactment. Like wise the Congress does not have any commitment to accept the decision of the President and in therefore not bound by it. It can disagree to any particular exercise of power undertaken by the President.

Thus the system of checks and balances operates.

On the other hand ‘separation of powers’ gives a sense of responsibility and autonomy to each department It improves upon efficiency and a competitive spirit of working effectively and serve the system better among the departments.

The powers of a legislature can be , for example, establishing a system of suitable compensation for the services lent by the legislatures , initiate the process of impeachment of the President and so on.

The Judicial System has the power to declare any law as unfavourable to the constitution –unconstitutional, it also enjoys the power to seek and improve upon the clarity of any law and ensure that any ambiguity is duly addressed.

When the powers are separated between the government and the state , it leads to decentralisation of power and reduces concentration of power. Decentralisation gives greater sense of responsibility and greater autonomy to States.

The Federal government has the power to control and legislate the circulation of money supply (generally undertaken by the nation’s Central bank), it can also regulate the flow of foreign currency or the outflow of dollars and so on.

Though an important observation is that the powers of the State are limited as compared to the powers of the central government.