The Trump presidency is putting the centuries-old system of 'checks and balances' in the United States to a significant and exceptionally intense test.
A Look at the Enduring Checks and Balances System
The dynamic trio of American democracy - the legislative, executive, and judicial branches — has been a cornerstone of the nation for over two centuries. This system, built on checks and balances, has withstood numerous challenges from the White House.
The First Test
John Adams' last-minute appointments, prior to his term ending in 1801, sparked a constitutional feud. His successor, Thomas Jefferson, and Secretary of State James Madison, disregarded these appointments. The Supreme Court stepped in when William Marbury, an Adams' justice of the peace nominee, sued for his commission to be recognized.
The landmark Marbury v. Madison case of 1803 saw Chief Justice John Marshall assert the court's role in interpreting congressional acts and the power to strike them down, while also adjudicating executive branch actions. In essence, the court's authority in upholding checks and balances was established.
Power Struggles
The battle lines were further drawn when Andrew Jackson, the first populist president, dismissed the Bank of the United States as a sanctuary for the rich. Congress, unable to overrule his veto, failed to renew its charter in 1836, turning the bank into a private state bank.
Lincoln's suspension of habeas corpus during the Civil War raised questions about judicial and executive authority. The Supreme Court, with Roger Taney serving as a circuit judge, declared the suspension illegal, but lacked the means to enforce its ruling. Ultimately, Congress ratified Lincoln's actions through retroactive statutes.
Tests in the Modern Era
Modern presidents have also faced the checks and balances system. Richard Nixon's involvement in the Watergate scandal saw the Supreme Court order him to hand over crucial evidence and ultimately led to impeachment proceedings.
Donald Trump's executive orders, criticisms of the judiciary, and attempts to reclassify government employees have stretched the system in new ways, testing its resilience under contemporary circumstances.
A Legacy of Adversarial Cooperation
Despite these challenges, the checks and balances system has generally held, ensuring the distribution of power among the branches. History demonstrates the importance of judicial review, the separation of powers, and independent branches in maintaining democratic stability. The system's ability to adapt to new challenges continues to provide a strong foundation for the future of American democracy.
Historical Background
- John Adams and the Midnight Appointments: President John Adams made several last-minute appointments in 1801, which were ignored by Thomas Jefferson and James Madison. This represented a test of the separation of powers. The Supreme Court intervened in the issue of Marbury v. Madison (1803).
- Thomas Jefferson and Judicial Appointments: Jefferson's decision to ignore Adams' appointments highlighted the tension between the executive and judicial branches. Although the Supreme Court ruled in favor of the constitutionality of these appointments, Jefferson and Madison chose not to honor them, showcasing the tension between the branches.
Historical Challenges to Checks and Balances
- Donald Trump: During his presidency, Donald Trump issued numerous executive orders, some of which have been challenged in court, testing the balance between the executive and judicial branches. Trump's criticism of judges who ruled against him also highlighted tensions between the executive and judicial branches.
- Abraham Lincoln: Lincoln's suspension of habeas corpus during the Civil War challenged the balance between the executive and judicial branches. This action was justified under the war powers clause but was controversial and tested the limits of executive authority.
- Richard Nixon: Nixon's involvement in the Watergate scandal saw the Supreme Court order him to turn over tapes related to the scandal and led to impeachment proceedings, demonstrating the effectiveness of checks and balances in limiting executive power.
- The Supreme Court's authority in the Marbury v. Madison case of 1803 consolidated its role in interpreting government policy, adjudicating executive actions, and upholding checks and balances.
- President Andrew Jackson's dismissal of the Bank of the United States served as a test of the checks and balances system, with Congress failing to overrule his veto, emphasizing the importance of the separation of powers.
- During the Civil War, Lincoln's suspension of habeas corpus led to a power struggle between the executive and judicial branches, ultimately resolved by Congress retroactively ratifying his actions.
- The Watergate scandal during Richard Nixon's presidency demonstrated the effectiveness of checks and balances, as the Supreme Court ordered him to hand over evidence and led to impeachment proceedings.
- In the contemporary era, Donald Trump's executive orders, criticisms of the judiciary, and attempts to reclassify government employees continue to challenge and test the checks and balances system.
- The historical feud over John Adams' midnight appointments highlighted the tension between the executive and judicial branches, with the Supreme Court intervention providing a test case for the system's separation of powers.
- Thomas Jefferson's decision to ignore Adams' appointments showed the tension between the executive and judicial branches, as the Supreme Court ruled in favor of the constitutionality of these appointments but Jefferson and Madison chose not to honor them.
