Checks and Balances

Our system of government is a trilateral checks and balances structure. The Legislative or Congressional branch writes the laws, the Executive branch enforces the laws, and the Judicial branch rules the laws constitutional. Each branch checks the other two. If the Executive branch fails to enact the laws – put them into operation – either the Legislative or Judicial branches may take action. If Congress fails to produce a budget both the Executive and Judicial branches may step in to solve the problem such a failure to act would produce.

If the political system stymies the Legislative branch from action – legislation frozen in limbo because a required voting level is not attainable – the Executive branch can declare an emergency and enact executive orders that take the place of law. The Judicial branch can be asked to rule on the constitutionality of any action taken by the other two branches to determine if the actions are proper and constitutional.

There are those who feel the Trump administration has declared a phony emergency and produced numerous executive orders to act in the place of Congress. Lawsuits have been filed that will pull in the Judiciary to determine constitutionality of the situation. Thus, the checks and balances continue. In the early days of the second Trump administration, the courts were slow to enter the fray. I doubt that will continue given the spate and speed of lawsuits reaching the docket.

Fundamental governance activities need to be the result of common discussion and agreement of all elected officials. That gets the ball rolling. Working through the rest of the checks and balances need always be orderly or failures will be the result. That is not a good thing for a nation of law and dignity.

Begging the issues is the current temper of the Trump regime. That will not last long. The other two branches of government are not likely to cede their power and privilege. At least one hopes so!

Meanwhile, We The People must ensure lawsuits are filed to engage the courts in their checks and balances.

The rule of law requires a process of law as well to make the entire system function appropriately.

April 11, 2025

 

   

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