could make any laws he wished, he could enforce them as he pleased, and he controlled the courts of justice.  In our government the legislature, composed of representatives of the people, makes the laws; the executive branch of government sees to their enforcement; and the courts, which are responsible neither to the legislature nor to the executive, interpret the laws and administer justice in accordance with the laws.  This separation of powers is to prevent any one person or group of persons from exercising too much power, as the king did, and is a safeguard to the liberty of the people.  But the separation of powers is not complete.  Each branch of government has A limited control over the others.  This constitutes the system of checks and balances, which still further protects the people’s liberties.

While the President cannot make the laws, he is given a check upon the lawmaking power of Congress by his veto power.  On the other hand, he cannot, by an excessive use of his veto power, destroy the lawmaking power of Congress, because Congress may pass laws over the President’s veto by means of a two-thirds vote.

The President cannot make a treaty, nor appoint men to office, without the consent of the senate; neither can he exercise his executive powers until Congress votes him the necessary money.

If Congress passes a law that is contrary to the Constitution the courts may declare the law void, and the executive cannot enforce it.  The courts, on the other hand, are in a measure under the control of both Congress and the President, for Congress may create and destroy courts (except those created by the Constitution), and the President, with the consent of the senate, appoints the judges.

ADVANTAGES AND DISADVANTAGES OF CHECKS AND BALANCES

The “checks and balances” in the organization of our government have been very effective in accomplishing the purpose for which they were intended, namely, to protect the liberties of the people against despotic government.  But they have also, at times, been an obstacle to team work and to effective service.  It sometimes happens, for example, that the President represents one political party, while the majority of one or both houses of Congress are of the opposing party.  The two branches of government may then enter into a struggle on partisan grounds, each trying to defeat the program of the other.  Such a situation was probably unforeseen by the framers of the Constitution, although it again reminds us of Washington’s warning with regard to the dangers of the party spirit.

THE IMPLIED POWERS OF THE NATIONAL GOVERNMENT