Graded Assignment HST303A/304A: U.S. History Unit 2 Less

Graded assignment HST303A 304A U S History Unit 2 Lesson 13

Graded assignment HST303A/304A: U.S. History | Unit 2 | Lesson 13

Write a well-organized essay that is two or three paragraphs long. (35 points) Explain the purpose and structure of the system of checks and balances in the U.S. Constitution, and give an example of how it functions.

Sample Paper For Above instruction

Introduction

The United States Constitution established a foundational framework for governing the nation by instituting a system of checks and balances among the three branches of government: the legislative, executive, and judicial branches. This system was designed to prevent any single branch from becoming too powerful, thus safeguarding democratic principles and maintaining the rule of law. Its core purpose is to ensure that power is distributed and that each branch can monitor and restrain the actions of the others, creating a collaborative yet balanced governance structure.

Structure and Function of Checks and Balances

The system operates through a series of specific powers and responsibilities assigned to each branch. For example, the legislative branch (Congress) makes laws, but the executive branch (the President) has the power to veto legislation, effectively checking Congress. Conversely, Congress can override a presidential veto with a two-thirds majority, reaffirming its legislative authority. The judicial branch, on the other hand, interprets laws and can declare laws or executive actions unconstitutional, serving as a check on both Congress and the President. These interactions exemplify the iterative process of mutual oversight designed into the Constitution.

Example of Checks and Balances at Work

A concrete example of this system in action occurred during the debate over the Affordable Care Act in 2010. The legislative branch passed the legislation, but the President sought to modify or delay implementation through executive actions. Eventually, the judicial branch reviewed the constitutionality of key provisions and struck down parts of the law, exemplifying checks and balances by blocking executive overreach and ensuring legislative actions adhere to constitutional limits. This interplay exemplifies how the system maintains equilibrium among the branches, upholding constitutional integrity and preventing abuse of power.

References

  1. Hamilton, A., Madison, J., & Jay, J. (1788). The Federalist Papers. https://avalon.law.yale.edu/18th_century/fed.asp
  2. Cornell, S., & Krutz, G. S. (2018). The Constitution and Its Amendments. Oxford University Press.
  3. Levinson, S. (2006). Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It). Oxford University Press.
  4. Madison, J. (1787). Federalist No. 51. https://avalon.law.yale.edu/18th_century/fed51.asp
  5. Dahl, R. A. (2003). How Democratic is the American Constitution? Yale University Press.
  6. U.S. Supreme Court. (2012). National Federation of Independent Business v. Sebelius. https://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf
  7. Bickel, A. M. (1962). The Least Dangerous Branch: The Supreme Court at the Bar of Politics. Yale University Press.
  8. Carey, S. C. (2009). The Federal System. CQ Press.
  9. Patterson, T. E. (2009). The Lincoln Solution. HarperCollins.
  10. Sunstein, C. R. (2017). #Republic: Divided Democracy in the Age of Social Media. Princeton University Press.

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