Home
/
RELIGION & LIBERTY ONLINE
/
Checks and balances were built for today
Checks and balances were built for today
Jan 25, 2026 2:26 AM

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
Conservative/Libertarian Books for the Acton Reader
It is the new year and the time of reflection is upon us. In 2008, we witnessed a revolutionary left-liberal presidential victory and the onset of substantial economic challenges. Under the circumstances, I thought now might be a good time to propose a list of outstanding books for the intellectually curious friend or fellow traveler. I would not dare attempt to put these in order based on excellence. Just consider it a series of number ones. 1. Lancelot by Walker...
Wilken on Islam
One of the most thought-provoking articles I’ve read lately is Robert Louis Wilken’s “Christianity Face to Face with Islam,” in the January 2009 issue of First Things. It’s accessible online only to subscribers, but you can find the publication at academic and high-quality municipal libraries and it will be freely available online in a month or two. Wilken makes so many interesting and informed observations that I don’t know where to start. Among the points to ponder: “In the long...
Santa and the ultimate Fairy Tale
Of course, Santa is based on a historical character. And in many (but certainly not all!) ways, he points forward to Jesus Christ. But in a broader sense, God has created a mystical, mythical, and magical world– that can be overdone or mis-imagined. That said, the mon error is to under-do or under-imagine– out of our “modern” heritage and tainted worldview. I’ve blogged on this quite a few times– and three times in the past month, in noting the 100th...
Movie Review: Valkyrie
The year is 1943 and Valkyrie, the second release under the revamped United Artists brand, opens with German officer Claus von Stauffenberg (Tom Cruise) on assignment in Africa. He had been sent there because his opposition to Hitler and the Nazi regime had e dangerously explicit and bellicose. His promotion to lieutenant-colonel of the general staff and transfer from the European lines to Africa is intended to give him some protection from pro-Nazi officers who might make trouble for him....
Christmas and the Cross
Two of Eric Shansberg’s recent PowerBlog posts got me thinking of some other things I had run across in the last couple weeks during the run-up to Christmas Day. The first item, “Santa and the ultimate Fairy Tale,” quotes Tony Woodlief to the effect that “fairy tales and Santa Claus do prepare us to embrace the ultimate Fairy Tale.” Schansberg’s (and Woodlief’s) take on this question is pelling and worth considering, even though I’m not quite convinced of the value...
O Holy Night
O Holy night, the stars are brightly shining. It is the night of our dear Saviour’s birth. Long lay the world in sin and error pining, Till he appeared and the soul felt its worth. A thrill of hope the weary world rejoices, For yonder breaks a new and glorious morn. Fall on your knees! Oh hear the angel voices! Oh night divine! Oh night when Christ was born! Oh night divine! Oh night! Oh night divine! Chains shall he...
Ignorance, Humility, and Economics
I like Robert Samuelson’s recent column about the difficulty (impossibility?) of accurately analyzing economic reality, let alone predicting its future. Over the past several months a few people, mistaking me for someone who knows a great deal about economics, have asked what I think about the financial crisis, the stock market, the recession, etc. My response is usually something along the lines of the following: Anyone who pretends to know and pletely the causes of the economic meltdown and/or how...
Why We Give — Liberal and Conservative
Nicholas Kristof’s Dec. 21 New York Times column was, he says, “a transparent attempt this holiday season to shame liberals into being more charitable.” He quotes Arthur Brooks’ “Who Really Cares” book which shows that conservatives give more to charity than liberals. The upshot is that Democrats, who speak passionately about the hungry and homeless, personally fork over less money to charity than Republicans — the ones who try to cut health insurance for children. “When I started doing research...
(one reason) why more than abortion matters…
Among those on the so-called Religious Right, it mon to reduce political interests to “life” issues– most notably, abortion. But in recent months, in the midst of the financial crisis and an economic recession, I’ve gotten many letters and emails about fund-raising problems within Christian organizations. Although such concerns don’t rise to the level of abortion, they– and thus, economics and the politics that affect those economics– are non-trivial as well. Beyond that, there are many issues which speak to...
Merry Christmas everyone
I felt inspired by a fellow Hoosier’s blog post this morning. Doug Masson wrote: Merry Christmas everyone. Like I’ve said probably too many times, I’m not a religious guy. But, it’s tough to argue with the message — peace to everyone, love your family. Love each other. Sounds easy enough. Looking at the world, apparently it’s harder than it sounds. Still, this is a nice reminder each year. I’m not particularly religious either, but in a different sense than Doug...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved