A system of checks and balances has been critical to the success of the United States Government for 250 years. “Ambition must be made to counteract ambition,” James Madison stated, and thus the separation of powers was built into the U.S. Constitution. Our system was designed to protect us from any branch of the government exerting unilateral authority over matters of significance to the United States. Donald Trump’s second administration has taught us the importance of that balance. This is the time for a reminder of both the rights that our Constitution already guarantees us, and of other checks and balances enshrined in U.S. law that must be protected.
- The judicial branch has the responsibility to protect against erosion of the First Amendment which guarantees freedom from government interference in the areas of religion, speech, press, assembly, and petition. Neither Congress nor the executive branch may abridge these rights for individuals, either in the public square or on the campuses of academic institutions.
- The judicial branch has the responsibility to uphold the right to due process, which is guaranteed to everyone in the United States, regardless of immigration status.
- The judicial branch has the responsibility to uphold the rule of law, which assures that all citizens, including government officials, are subject to the same laws.
- The judicial branch has the authority to determine whether presidential executive orders properly fall within the executive’s constitutional powers, by the process of judicial review. Currently, constant infringement of legislative authority by the executive branch makes it clear that Congress also has a duty to conduct oversight of presidential executive orders. When such orders contravene legislation properly passed by Congress, judicial review must be available to enforce the proper separation of power established in the Constitution.
- Congress alone has the authority to retain or abolish agencies that they have created. Likewise, only Congress has authority over significant budgetary changes to agencies that they have created. By law, the executive branch does not have authority to unilaterally impound monies duly appropriated by Congress. The executive branch must follow the Impoundment Control Act of 1974 if it wants to impound (a temporary measure) or rescind (a permanent measure) monies duly appropriated by Congress. The 1974 law requires the approval of Congress for either act.
- Congress has authority over approving or canceling federal grants that they have established. The executive branch may not unilaterally cancel such grants.
- Federal government employment practices must follow federal employment law regarding the Civil Service, as established by the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC).
Given current violations of this crucial system of checks and balances by the executive branch, it is clearly time for both Congress and the judiciary to reclaim their constitutional prerogatives.
Story by:
Judy S. Young, M.Div. – Retired United Methodist Pastor
Janet Morgan Riggs, Ph.D. – Retired College Educator and Administrator
Patricia A. Shoap, Esq.- Retired Worker’s Compensation Specialist
David B. Young, M.A.- Retired Foreign Service Officer, U.S. Department of Agriculture
Jeff Colvin, Ph. D.- Physicist and former Science Advisor, U.S. Department of Energy