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The President of the US may request legislation. If they wish, Congress writes the legislation, discusses the proposed legislation and finally votes for, or against, the legislation. If the Congress disagrees with the President's request they don't do anything, end of subject. That is a check.

If they write it, discuss it and approve it, then it is sent to the President for his approval. He can approve the legislation (balance) or veto the legislation (check).

Congress can initiate legislation without the request of the President. If after congress passes the legislation the President approves the legislation that's a balance (both Congress and the President agree). However, if the President vetoes the legislation it is returned to the Congress. If 2/3 of the Senators in the Senate vote affirmative on the legislation they can over ride the Presidential veto (check).

Now suppose legislation is passed by Congress and signed into law by the President AND SOMEBODY DISAGREES WITH THE NEW LAW. Then that person/group can challenge that law on a constitutional basis in Federal Court.

At any point in the legal challenge a Federal Court may over turn the law. There are three different types of Federal Courts. Ranked by authority, from low to high, they are District Courts, Courts of Appeal, and finally the Supreme Court of the US. Each step up the ladder of courts is another check on the court below. The review of the legislation can stop at any point that the challenger decides to quit and that ends the review.

If the legislation is overturned by the Federal Court system then the legislative branch has three choices: they can do nothing and the issue dies; they can attempt to rewrite the legislation in a manner that avoids the conflict with the Constitution; ultimately, they can attempt to amend the Constitution so that the Courts can have no objection.

In the case of any action taken by one of the branches of government there is a way to stop, or review, the action by another branch of government.

I'm sure I've missed some possibilities, but that should give you and idea of how checks and balances work in the US government.

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14y ago

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