Problems in American Democracy by Thames Ross Williamson
page 54 of 808 (06%)
page 54 of 808 (06%)
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power. The Federal Constitution is the supreme law of the land, and no
state action may contradict it. Unity has given us strength, and great crises, such as the Civil War and the World War, have ended by increasing that strength. 33. THE CHECK AND BALANCE SYSTEM.--A striking characteristic feature of American constitutional government is the check and balance system. By this system we mean all those constitutional provisions which divide and subdivide governmental power among various sets of public agents. [Footnote: For a fuller discussion of the check and balance system see Chapter XXXIX.] This division of powers is threefold. First, there is a division of power between the Federal government and the governments of the several states. The states are obliged to act in concert on most questions involving the nation as a whole, but the Federal Constitution safeguards the rights of the states by reserving to them all powers not specifically delegated to the Federal government. Second, in both Federal and state governments, power is still further distributed among the executive, legislative, and judicial branches in such a way that each branch constitutes a check upon the other two. Third, in both Federal and state governments there is a division of power within each of the three branches of government. Thus both the President of the United States and the governors of the various states are at least partially controlled by subordinate executive officials, while in the legislative branch of both Federal and state governments the upper and lower houses constitute a check upon one another. In the case of both Federal and state judicial systems there is a division of jurisdiction. |
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