The idea of checks and balances is ubiquitous throughout American society, largely owing to the almost mythical aura that surrounds any discussion of early American history and the organization and design of the Constitution of the United States of America. We collectively refer to the leading figures in early American history as the “founding fathers,” and the overwhelming majority of the citizens of this country have deep respect and fondness of and for these “founding fathers,” attaching an almost unrealistic standard of moralism and greatness to these figures. Many think of these people as larger than life and often ignore the uncomfortable truths that surround their heyday, such as the owning of slaves by many of these leaders. Regardless, …show more content…
This system of checks and balances prevents one branch of government from dominating the other branches of government and essentially acting as it wishes without having to listen to the other branches. Preventing any branch of government from becoming too powerful is an important key to stability and democracy in any government. By preventing the executive branch from overreach, we can prevent the rise of a dictator. However, this can only be accomplished by two key pillars of checks and balances – that the other branches have the power to prevent this overreach, and that the other branches have the will to do it. Without one of these two keys, the whole system falls into danger of tearing apart. So well ingrained in the American consciousness are these concepts that we have begun to take them for granted, and we struggle to recall that not all governments are designed in the same way. It is unfortunate, but true, that the constitutions in many less developed countries, and specifically in Africa, do not grant all branches of government an equal amount of checks and balances. Therefore, we have made it the prerogative of The Bates Foundation for Democracy in Africa to focus on supporting the legislatures across the …show more content…
As noted by Jackson and Rosberg, many either expected or hoped that the newly independent countries would take steps towards democratization and liberalization (422). However, these countries mostly evolved towards an autocratic style led by rulers that were either unrestrained by the law or did not feel threatened by it. This has been the major problem that has plagued African democratization over the past few decades. The leaders of these states have a disproportionate amount of power, with little incentive to give up said power – either by delegating more power to the legislature or by giving up power voluntarily through the instituting of term limits. On top of this disproportionate power that lacks any inherent incentive to give up, the other branches of government have no power to stop the executive branch. Even if they do have the necessary constitutional power to check the executive branch, they lack the enforcement capabilities necessary to make this power useful. This creates a situation wherein the executive is able to disregard the other branches of government and do as he wishes. This environment is not conducive to the process of democratization, and thus dissatisfied peoples will naturally feel a desire to replace this system with another one that will be more beneficial. These people could be from the
The American Civil War not only proved to be the country’s deadliest war but also precipitated one of the greatest constitutional crises in the history of the United States. President Lincoln is revered by many Americans today as a man of great moral principle who was responsible for both preventing the Union’s dissolution as well as helping to trigger the movement to abolish slavery. In retrospect, modern historians find it difficult to question the legitimacy of Lincoln’s actions as President. A more precise review of President Lincoln’s actions during the Civil War, however, reveals that many, if not the majority, of his actions were far from legitimate on constitutional and legal grounds. Moreover, his true political motives reveal his
In the beginning of the 1860s, there were constitutional developments that arose to a radical extent because it suffices the beliefs of American citizens with the issue over slavery. For instance, Abraham Lincoln taking hold of the presidency was an impacting ...
The formal definition of checks and balances is a system that allows each branch of government the ability to counterbalance the influences of the other branches in order to prevent the concentration of power in only one branch, becoming a tyrant. James Madison wrote in Federalist Paper No. 51 that “the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other that the private interest of every individual may be a sentinel over the public rights.” For example, Congress passed a bill that would require federal and state gov...
For hundreds of years, politicians have searched for the perfect form of government to be the foundation onto which a strong and prosperous nation can be built. A Democracy is a form of government by the people. In a Democracy, a code of law is not required and the majority always rules. Similarly, in a Republic, the power of the government resides with the people. In addition, a Republic requires a code of law, which protects the minority by limiting the majority, and a system of checks and balances. In the New Nation era, the Sedition Act and the Revolution of the 1800s demonstrated the need for a code of law in order to prevent revolts. Furthermore, in the Jacksonian Era, Andrew Jackson’s abuse of power exhibited the importance of checks
During and after the turmoil of the American Revolution, the people of America, both the rich and the poor, the powerful and the meek, strove to create a new system of government that would guide them during their unsure beginning. This first structure was called the Articles of Confederation, but it was ineffective, restricted, and weak. It was decided to create a new structure to guide the country. However, before a new constitution could be agreed upon, many aspects of life in America would have to be considered. The foremost apprehensions many Americans had concerning this new federal system included fear of the government limiting or endangering their inalienable rights, concern that the government’s power would be unbalanced, both within
“The law on the side of freedom is of great advantage only when there is power to make that law respected”. This quote comes from Fredrick Douglas’ book, Narrative of the Life of Frederick Douglass, an American Slave, written in 1845. Fredrick Douglas who was born into slavery in 1818 had no understanding of freedom. However, his words shed light on the state of our country from the time he made this statement, but can be traced back fifty-eight years earlier to when the Constitution was drafted and debated over by fifty-five delegates in an attempt to create a document to found the laws of a new country upon. However, to eradicate the antiquated and barbaric system of slaver would be a bold step to set the nation apart, but it would take a strong argument and a courageous move by someone or a group to abolish what had enslaved thousands of innocent people within the borders of America for centuries. There was an opportunity for the law to be written within the Constitution, which would support this freedom Fredrick Douglas alluded to. However, the power, which controlled this law, would as Douglas stated, “make that law respected”.
John Quincy Adams once said that, “It is among the evils of slavery that it taints the very sources of moral principle. It establishes false estimates of virtue and vice: for what can be more false and heartless than this doctrine which makes the first and holiest right of humanity to depend upon the color of the skin?” John Quincy Adams be of the opinion that slaves were equal to the “white man” and should not be treated like animals but as equals. Agreeing with John Quincy Adams, he discusses inequality, a point that needs to be emphasized, since the Declaration of Independence “that all men are created equal” and that it is not followed completely by all fellow “Americans”. According to him, “we have
A number of the decisions and actions undertaken not only during the course of Jackson’s presidency, but also as a pre-political individual alone, depict a man certainly capable of a villainous description. While one could attempt to describe Andrew Jackson as a hero, one would be required to ignore repeatedly documented events and personal accounts to the contrary. However, a successful counterargument resides in the fact that, in trivial terms, history is not black-and-white. Oftentimes, history is perceived through two viewpoints. The first observes history where morals and beliefs are not entered into the equation. To use American history as a template, many historical figures, such as Thomas Jefferson or Abraham Lincoln, are represented as unblemished and faultless; the focus is primarily placed on intelligent, influential quotes and political achievements. The second viewpoint represents the same individuals as flawed and human, straying far from the untarnished and blameless leaders of the first example; through the second point-of-view, personal dealings and character reside at the core. Neither of these methods of studying history is necessarily false, as neither promotes false information. However, within itself, history is unbiased, and the legacy of America’s seventh president lies in between these two often-employed viewpoints. As
In the federalist paper # 51 James Madison explains and defends checks and balances system in constitution. Each branch is organized in such a way that ensures that any individual branch never becomes too powerful. The quote “Ambition must be made to counteract ambition” means if the power is evenly distributed through the three branches, it will essentially cancel each other out and none of them would have an advantage politically over the other. However, if the principles of checks and balances were strictly followed it would mean citizens elect the president, the legislator, and the judges. That is not practical because an average citizen most likely won’t know the necessary qualifications a legislator or judge should possess. Because of
Despite the fact that America’s economy was heavily influenced by government interference and favoritism under John Quincy Adams and the American System, by 1832 Andrew Jackson, the Champion of the Common Man, jeopardized his political security in the interest of both preserving every man’s right to opportunity and upholding a nonpartisan economy. We can draw insight from Jackson’s disgust for banks, or rather for any act of government that gives a special advantage to one group over another. In Jackson’s letter to Congress justifying his Bank Veto Message, he argues, “when the laws undertake to add to these natural and just advantages... make the rich richer and the potent more powerful, the humble members of society… have a right to complain of the injustices of their government.” In the preceding months, Jackson was in the midst of his presidential campaign for reelection when his opponents put political pressure on him by fast tracking the Bank Bill. Jackson, however, remained steadfast in his belief that the proposed bank was unconstitutional and thus he vetoed the bill. Not surprisingly, Jackson became the object of political slander. In his reply to Jackson’s veto, Daniel Webster complains, “[This message] raises a cry that liberty is in danger, at the very moment when it puts forth claims to powers heretofore unknown and unheard of. It effects alarm for public freedom, when nothing endangers that freedom so much as its own unparalleled pretenses.” In other words, Webster proposed that through Jackson’s overuse of the veto, he was not only holding congress hostage, but also subverting democracy. On the contrary, the establishment of Jacksonian Democracy expanded the liberties of the common
As a child in elementary and high school, I was taught that President Abraham Lincoln was the reason that African slaves were freed from slavery. My teachers did not provide much more information than that. For an African American student, I should have received further historical information than that about my ancestors. Unfortunately, I did not have the opportunity or desire to research slavery on my own until college. And with my eagerness and thirst for more answers concerning my African American history, I set out to console my spirit, knowledge, and self-awareness of my ancestors’ history. I received the answers that my brain, mind, and soul need. Although Abraham Lincoln signed the 13th Amendment of the United States Constitution, courageous African American slaves were the real heroes and motivation of the movement.
The controversies surrounding slavery have been established in many societies worldwide for centuries. In past generations, although slavery did exists and was tolerated, it was certainly very questionable,” ethically“. Today, the morality of such an act would not only be unimaginable, but would also be morally wrong. As things change over the course of history we seek to not only explain why things happen, but as well to understand why they do. For this reason, we will look further into how slavery has evolved throughout History in American society, as well as the impacts that it has had.
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
Knowles, H. J. (2007). The Constitution and Slavery: A Special Relationship. Slavery & Abolition, 28(3), 309-328. doi:10.1080/01440390701685514
Bratton Michael, and Nicolas Van De Walle. Democratic Experiments in Africa: Regime Transitions in Comparative Perspective. New York: Cambridge University Press, 1997. Print.