The government has three branches, namely the executive, legislative and judiciary, each with distinct powers and authority. Each of these branches are independent from one another but the principle of check and balance allows each branch to intrude within the sphere of authority of another branch. The legislative branch of the government is mainly responsible for the allocation of budget and mainly framing governmental policies, laws and regulations. This is one of the authorities and powers that are mainly lodged within the legislative body of the government. While the law making power of the government is within the exclusive jurisdiction of the legislative branch, this power has its constraint. There are scope of limitations on the exercise of this power of the legislative department where the President representing the executive branch may veto a bill coming from the legislative department and the judicial branch may declare a law as unconstitutional (Welch, Gruhl, Thomas and Borrelli, 2014).
Laws are initially in the form of a bill which must be passed and appoved by the Congressional body of the legislative branch of the government. Once they are approved it is then subject to the approval of the executive branch through the president to become a law. The president may veto the bill under meritorious grounds. The president may actually veto the entire bill or some of its provisions. This process allows the executive branch of the government to check on the acts of the legislative branch. The legislative branch consists of bicameral chambers which is a safeguard against the influence of the president to a single chamber in the legislative branch (Larocca, 2011). The bill is usually subject to the approval of the two chambers before the law making process will proceed to the level of obtaining the approval or veto of the president. Once the bill becomes a law, it may still be declared by the judicial branch as unconstitutional (Harper, 2013). The exercise of the power of judicial review allows the judicial department to intrude upon the law making power of the legistative branch.
In the process of framing governmental policies, the legislative branch needs to undertake different processes such as the acquisition of data and analyzing what particular problem exists and define whether such problem is potentially actionable. In the process of policy analysis, it is empirical to uncover the future behavior of the variables that were used in defining societal problems and to draft policies or laws for regulation that will seek to resolve issues involving public policies (Guess and Farnham, 2011). But most importantly, the resolution of the problem through the exercise of law making power of the legislative branch should be within the bounds of the provisions of the US Constitution. Otherwise, the judicial branch may intrude to declare a law, governmental policy or regulatory measures as unconstitutional.
While the other branch of the government has the power to constrain the legislative branch in the execution of its rule making power, by virtue of the check and balance principle, the legislative branch also exercises the power of constraint against the executive and judicial branches. Because the budgetary policy emanate from the legislative branch, the budget allocation for the implementation of governmental policies and programs of the executive department is subject to approval of its budget allocation coming from the legislative branch. As stated by Anderson (2015), public policy is difficult to implement without the expenditure of money. Funding are necessarily needed for personnel, equipment, supplies and other expenses for administrative purposes and the same are released to the consumption of the government expenditures, including the expenses of the executive and judiciary department, by virtue of the appropriation process which is exercised by the legislative branch.
While the judicial branch is independent in its fiscal management, the approval of its appropriation fund comes from the legislative branch. Thus, the judicial branch cannot simply allocate and spend for expenses that are not allowed by law. This gives the legislative department, as the law making body framing the regulations on how government funds must be spent, the power to check on how the judicial branch may spend their budgetary allowances through appropriation laws. Another power that the legislative department may exercise to check the executive and the judiciary departments is its authority to confirm the appointment of federal judges and presidential appointees. Schmidt, Shelley, Bardes and Ford (2013) also indicate the power of the legislative body to circumvent court decisions by rewriting legislated laws and by constitutional amendments and they also have the power to impeach a president.
The legislative power of Congress also authorizes it to approve treaties entered into by the executive leader, the president, as part of its policy making powers. While the judicial branch enjoys the separation of power, fiscal management and regulating its own internal rules and procedures, the legislative branch has the power to promulgate laws that may intrude to the policy making power of the judicial branch. How and where budgetary allocations may be spend will depend on the appropriation laws passed by the Congress. The promulgation of the internal rules within the judicial branch will also be subject to the limits provided by the law that the congress legislates.
The essence of the check and balance principle provides therefore the limitation of powers that each branch of the government enjoys. While these branches enjoy separation of power the concept of check and balance will ensure that no one branch may exercise its powers and authority capriciously and to the prejudice of the public. This is a preventive measure against the abuse of power that any of the branch of the government may exercise (Hames and Ekern, 2012).
References
Anderson, J. E. (2015). Public policymaking: An introduction. 8th ed. Stamford, CT: Cengage Learning.
Guess, G. M. and Farnham, P. G. (2011). Cases in public policy analysis. 3rd ed. Washington, D.C.: Georgetown University Press.
Hames, J.B. and Ekern, Y. (2012). Constitutional Law: Principles and Practice. Australia: Delmar Cengage Learning.
Harper, L. (2013). What Are Checks and Balances? New York: The Rosen Publishing Groups.
Larocca, R. (2011). The bicameral context of presidential agenda setting. Congress & the Presidency, 38(2), 171–194.
Schmidt, S.W., Shelley, M.C., Bardes, B.A. and Ford, L.E. (2013). American Government and Politics Today. New York: Wadsworth Cengage Learning.
Welch, S., Gruhl, J., Thomas, S. and Borrelli, M. (2014). Understanding American Government. Boston: Wadsworth Cengage Learning.
