Does the Old System of Checks and Balances Need a Change?

By Savanna White

Sometimes, even things that worked so well before need some sort of change to keep up with the change within our country. The legislative, executive, and judicial branches were established by the Constitution. That choice was significant because it established the concept of checks and balances and gave each branch a particular job and authority. As the term implies, the purpose of checks and balances was to ensure that no one branch would be able to exercise excessive control, and this was established as a separation of powers.

Laws are created by the legislative branch, but the President, who is part of the executive branch, has the power to veto them and the judicial branch has the authority to declare the laws passed by the legislative branch to be unlawful if needed. The legislative branch has the authority to confirm presidential appointments, manage the budget, and impeach the president. The day-to-day administration and enforcement of Federal legislation is the duty of the executive branch, through the Federal agencies. The responsibilities of these federal agencies are to provide protection. 

Executive orders are also made by the executive branch. The judicial branch has the power to declare these orders unconstitutional if it is necessary. Interpretation of laws comes from the judicial branch. The judges that make these evaluations are recommended by the President (executive branch). Then the legislative branch verifies this recommendation (Davis).

An example of this happened recently in Washington. Following the declaration of a state of emergency by Washington's governor Jay Inslee because of the COVID-19 pandemic, Washington Senate agreed to end an emergency after 90 days, in the case that Legislature is not in session. This passed with a 29-20 vote by the Democrat-heavy chamber. It is now on the way to the house for examination. 

The bill's main promoter Senator Emily Randall said "room for improvement in our checks and balances of government, especially in times of emergency." during a debate she also said, "This bill is not about one mandate or one governor, it is about a system with adequate checks and balances." There is no authority of the legislature to end a declared state of emergency, but they can decide to not extend some of the orders. The bill that was accepted by the Senate lets leaders of each chamber end a state emergency in writing after the legislature is not in session. all leaders must agree for an emergency order to be revoked. 

There were complaints from the Republications because of the broader powers the governor has used during the pandemic. They said that the bill does not do much. Senator John Braun said, "This bill does not fix the problem, it allows the majority to do exactly what has been done for two years, which is nothing." More than two dozen states have bills pending that search for direct legislative participation in certain gubernatorial or executive actions during these emergencies. 

A spokesperson for Inslee said, "We look forward to moving to the next phase in our COVID-19 response, The governor’s office will of course review the legislation to assure there are no issues in the language that would unnecessarily inhibit actions in the future governors" (Corte).

The Checks and balances system does not necessarily need to be restructured but it could be strengthened. With everything changing these days revisions are a necessity within our government.  Some things that worked when the constitution was made do not always work in today's world. 

For example, we should limit terms for those in congress. There are too many people who have made long-term careers serving in Congress. Our Republic was designed with the intent of creating political citizens, not a permanent political class that is constantly out of hand in Washington.

 I find it interesting that supreme court judges once appointed stay in congress for the rest of their lives. That seems like a very long time to have one person or one's opinion for that many years. We need variety within our supreme court considering it is such a significant job. I feel that those in congress often take advantage of their position and make it a popularity contest or use it for their own good. All in all the check and balance system has a good backbone but again with all the changes in our country it needs to be updated. 

Sources:

Corte, Rachel La. “Washington Senate Oks Bill on Governor's Emergency Powers.” AP NEWS, Associated Press, 16 Feb. 2022, https://apnews.com/article/coronavirus-pandemic-health-legislature-washington-jay-inslee-7faded6150f255953db7fa43d6c20757.

Davis, Katy. “Checks and Balances.” Ben Guide, https://bensguide.gpo.gov/j-check-balance.