Home
/
RELIGION & LIBERTY ONLINE
/
Checks and balances were built for today
Checks and balances were built for today
Jan 30, 2026 6:35 PM

First, a truism: Checks and balances are at the foundation of our national government. Second, a cliché: The U.S. is increasingly polarized. Combining these two, mentators have been eager to forecast the end of checks and balances in a time of political jockeying. But they misunderstand the very aim of checks and balances. For instance, according to one op-ed in the New York Times, “Democratic institutions function only when power is exercised with restraint. When parties abandon the spirit of the law and seek to win by any means necessary, politics often descends into institutional warfare.” This misses the point altogether. On the contrary, our republic is designed to function even when power is not exercised with restraint, because that power is externally restrained by another power. A robust system of checks and balances isn’t necessary only during times of national agreement, but during times of disagreement. Separation of powers was designed precisely for times like these.

Checks and balances provide internal control of government actions. Power grabs are endemic to any system of government and every human institution. As James Madison argues in Federalist No. 51:

But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.

Checks and balances protect against an illiberal majority. A democracy still contains this hazard, since a majority faction with 51% of votes can strip rights away from the minority group. James Madison describes the challenge as securing “the public good and private rights against the danger of such a faction, and at the same time” preserving “the spirit and the form of popular government.” Perhaps some of the confusion on the purpose of checks and balances stems from the difference between a democracy and a constitutional republic. A republic contains separation of powers which safeguard individual rights. The U.S. Constitution provides a framework for checks and balances, under which no one is above the law and thus no one is the sole, ultimate creator of rules.

The Bill of Rights is also a crucial part of checks and balances. In 1943, the Supreme Court ruled in West Virginia Board of Education v. Arnette, “The very purpose of the Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials, and to establish them as legal principles to be applied by the courts. … [F]undamental rights may not be submitted to vote; they depend on the e of no elections.” This is case in point; the Supreme Court ruled in protection of Jehovah’s Witnesses, a group making up less than 1% of the population. Minority opinions have greater protections now than during most of U.S. history.

This does not mean we should be entirely unconcerned about the erosion of checks and balances. The largest threat to checks and balances are agencies which attempt to circumvent the process altogether. Many federal bine legislative, judicial, and executive abilities in one body. They hold the power to draft, review, and enforce new rules with few restraints. One possible solution to this problem is the Supreme Court. This year the Supreme Court ruled that the Consumer Finance Protection Bureau’s structure, in which one director had control over the entire organization and could only be removed “for cause,” was unconstitutional.

Numerous examples in recent history illustrate that voters intuitively understand the benefit of checks and balances. During midterms, voters are likely to favor the party which does not hold the presidency. In 2010 and 2014, Republicans picked up seats in Congress. Conversely, in 2018, a blue wave removed Republican majorities in the House and Senate. In each of these situations, the Congressional majority slowed the policies which the sitting president favored. Gridlock is a benefit, not a downside to our system. Instead of grand changes, gridlock ensures incremental development.

Recent controversies over presidential succession prove, rather than disprove, the system’s design. As the Trump campaign winds down its challenges to the election, we can see checks and balances at work. Even if President Donald Trump doesn’t honor the tradition of American abdication and concede to Joe Biden, the courts will ensure a smooth transition. The “kingmaking” power in the United States, placed in the various electors throughout the country, is extremely distributed. No one person has the final say on the e of the election. The judicial branch provides a fair hearing to arguments of fraud and ultimately could be a check to executive power.

The need for checks and balances isn’t proven in a time of relative ease but in years of tumult. During times like these, the effective design of our republic is evident. Individual power is diluted while preserving individual rights and representation. Competing interests are able to be reconciled through the political process. This is why during the past four years, we have had extremely heated rhetoric and fraught interparty bined with relatively moderate policies, such as tax reform. Expect a similar pattern in ing years. In a satisfying paradox, our system of checks and balances can translate even the most maddening politics into moderate policies.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Samuel Gregg: Unions and the Path to Irrelevancy
On National Review Online, Acton Research Director Samuel Gregg demolishes the left’s knee-jerk explanation for labor union decline, which blames “the machinations of conservative intellectuals, free-market-inclined governments, and businesses who, over time, have successfully worked to diminish organized labor, thereby crushing the proverbial ‘little guy.'” Gregg writes: “The truth, however, is rather plex. One factor at work is economic globalization. Businesses fed up with unions who think that their industry should be immune petition are now in a position to...
Samuel Gregg: A Necessary Symbiosis
Acton Research Director Samuel Gregg reviews America’s Spiritual Capital by Nicholas Capaldi and T. R. Malloch (St Augustine’s Press, 2012) for The University Bookman. … Capaldi and Malloch are—refreshingly—unabashed American exceptionalists. One of this book’s strengths is the way that it brings to light a critical element of that exceptionalism through the medium of spiritual capital. Part of the American experiment is mitment to modernity—but a modernity several times removed from that pioneered by the likes of the French revolutionaries,...
The Dangers of Democratic Tyranny
In the context mentary on protests like those in Quebec and the Occupy movement more broadly, it’s worth reflecting on the dangers of democratic tyranny. The “people” can be tyrannical just as an individual sovereign or an oligarchy might. That’s why Aristotle considered democracy a defective form of government, because it too easily enshrines the will of the majority into an insuperable law. As Lord Acton put it, “It is bad to be oppressed by a minority, but it is...
Wong and Rae on How and When to Fire Someone
Donald Trump's tagline: "You're fired."Last week I raised the question of whether being a Christian businessperson means you do some things differently, and particularly whether some of these things that are done differently have to do with terminating an employee. Here’s a snip of what Kenman Wong and Scott Rae say in their recent book, Business for the Common Good: Although panies may take on certain employees as an act of benevolence, it is not the norm. Employees are bound...
DCI John Luther: Secular Authority
John Luther is pierced for Jenny's transgressions.An essay of mine on the wonderful and difficult BBC series “Luther” is up over at the Comment magazine website, “Get Your Hands Dirty: The Vocational Theology of Luther.” In this piece I reflect on DCI John Luther’s “overriding need to protect other people from injustice and harm, and even sometimes the consequences of their own sin and guilt,” and how that fits in with the Christian (and particularly Lutheran) doctrine of vocation. Indeed,...
How Junk Bonds Killed the Three Martini Lunch
A recent editorial in the New York Times claims that during the 1980s leveraged buyouts “contributed significantly to the growth of the e gap, moving wealth from the middle class to the top end.” First Things editor R.R. Reno explains why the real story is plicated, more interesting, and explains much more than e inequality: The upper middle class world responded to the leveraged buyout revolution by upping mitments to education and economically oriented self-discipline. The old white-collar social contract...
Report: Dire situation for Syrian Christians
A roundup at Notes on Arab Orthodoxy paints a grim picture for Christians — and clashing Islamic sects — in Syria. It’s a gut-wrenching account of kidnappings, torture and beheadings. One report begins with this line: “Over 40 young men (including a couple of doctors) from the Wadi area, were killed by the bearded men who are eager to give us democracy.” The article also links to a report in Agenzia Fides, which interviewed a Greek-Catholic bishop: The picture for...
30 Years Ago Today: Reagan’s Westminster Address
The Washington Post’s editorial page reminds us that today is the 30th anniversary of Ronald Reagan’s address at Westminster Hall, London. The speech, famous for its “ash heap of history line,” was Reagan’s challenge to the Soviet Union’s very legitimacy and pointed to its hollow core. Reagan’s great strength was not just America’s military posture against the Soviets, but that he truly made the Cold War a battle of moral ideas. It was a decisive pivot away from America’s policy...
Review: Can One Kill ‘For Greater Glory’?
Immediately after watching For Greater Glory, I found myself struggling to appreciate the myriad good intentions, talents and the $40 million that went into making it. Unlike the Cristeros who fought against the Mexican government, however, my efforts ultimately were unsuccessful. The film opened on a relatively limited 757 screens this past weekend, grossing $1.8 million and earning the No. 10 position of all films currently in theatrical release. Additionally, the film reportedly has been doing boffo at the Mexican...
Samuel Gregg: Why Austerity Isn’t Enough
Writing on The American Spectator website, Acton Research Director Samuel Gregg looks at the strange notion of European fiscal “austerity” even as more old continent economies veer toward the abyss. Is America far behind? Needless to say, Greece is Europe’s poster child for reform-failure. Throughout 2011, the Greek parliament passed reforms that diminished regulations that applied to many professions in the economy’s service sector. But as two Wall Street Journal journalists demonstrated one year later, “despite the change in the...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved