Trump's unmatched challenge to America's centuries-old system of 'checks and balances' is unprecedented.
Checks and balances, a fundamental principle rooted in American democracy for over two centuries, ensures power doesn't get too concentrated in one person's hands. In the United States' intricate system of government, the Constitution's design of distinct, equal branches creates this balance.
Donald Trump challenged this system during his first 100 days like never before. With a flurry of executive orders, attempts to close or limit government agencies, and derogatory comments about judges ruling against him, he put checks and balances to the test.
The founders, with their distrust of concentrated authority, intended checks and balances as a means to prevent unchecked power. According to Dartmouth College professor John Carey, an expert on American democracy, this system depends on individuals operating in good faith.
Let's take a trip through history to understand checks and balances and instances where they were put to the test.
A Fight Over Jefferson Ignoring Adams' Appointments
The earliest checks-and-balances showdown: John Adams made last-minute appointments before leaving office in 1801. Upon taking power, Thomas Jefferson and James Madison ignored them. William Marbury, an Adams justice of the peace appointee, asked the Supreme Court to compel Jefferson and Madison to honor Adams' decisions.
While the Court concluded in 1803 that Marbury's commissions became legitimate with Adams' signature, they stopped short of ordering the appointments to occur. In doing so, Chief Justice John Marshall asserted the Court's role in interpreting congressional acts and striking them down, while adjudicating executive branch actions.
Hamilton, Jackson, and National Banks
During George Washington's presidency, the First Bank of the United States was chartered in 1791. Alexander Hamilton, Treasury Secretary and a Federalist, sought a strong central government and wanted a national bank that could lend the government money. Opponents, led by Jefferson and Madison, argued that Congress had no authority to charter a bank. Andrew Jackson, the first populist president, disliked banks, believing they favored the rich when he refused to extend the charter in 1832.
Lincoln and Due Process
During the Civil War, Abraham Lincoln suspended habeas corpus, although not "strictly legal." The Supreme Court asserted Lincoln's actions were a public necessity needed to protect the Union in a separate 1862 case.
Reconstruction: Johnson vs. Congress
Radical Republicans in Congress wanted consequences for seceding states and Confederate leaders. Andrew Johnson, a Tennessean with less lenience toward Confederates than formerly enslaved people, opposed these initiatives. Congress, seeking to enfranchise and elevate African Americans, established the Freedmen's Bureau to assist them. Johnson, restricting the bureau's power and repatriating former Confederates, created a conflict.
Spoils System vs. Civil Service
Until 1883, almost every federal job was a political appointment that changed with each presidential transition. The Pendleton Civil Service Reform Act, passed that year, sought to fill some positions through examinations, instead of politics. Over generations, Congress expanded the civil service system, a system that Donald Trump seeks to dismantle today by reclassifying many government employees.
Wilson's League of Nations
After World War I, the Treaty of Versailles supported an international body to promote global cooperation and prevent war. Woodrow Wilson advocated for the League of Nations, but Henry Cabot Lodge of Massachusetts introduced it to the Senate with amendments to limit its power.
FDR and Court Packing
The Supreme Court struck down parts of Franklin D. Roosevelt's New Deal initiatives. Roosevelt proposed to expand the court in response, a plan criticized as the "court-packing scheme." While his idea was not seriously entertained, he succeeded in shifting the justices' perspectives.
Presidential Term Limits
After four terms, Franklin D. Roosevelt set a precedent ignored by many. The 22nd Amendment, passed following Roosevelt's death, restricts presidential terms to two. Despite this, Trump has expressed interest in seeking a third term.
Nixon and Watergate
The Watergate scandal, breaking in 1972 and overwhelmingly covered by the Washington Post and other media, ended with Richard Nixon's resignation in 1974. The Supreme Court unanimously ruled against Nixon in his claim that executive privilege allowed him to withhold potential evidence of his and top aides' roles in the cover-up.
Leaving Vietnam
John F. Kennedy through Nixon escalated America's involvement in Vietnam without a formal declaration of war. A 1973 deal, under Nixon, ended official military involvement, but withdrawal was not completed until 1975, during which Congress cut funds for South Vietnam's government.
The Affordable Care Act
The Affordable Care Act (or Obamacare) reformed the nation's health insurance system in 2010. The Supreme Court ruled in 2012 that Congress could not compel states to expand Medicaid by withholding funds already obligated to the states under previous federal law.
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- In the context of political disputes, the principle of checks and balances is a fundamental part of American democracy, ensuring power doesn't become too concentrated.
- The Constitution's design of distinct, equal branches creates this balance in the United States' intricate system of government.
- During his first 100 days, Donald Trump challenged this system like never before.
- The earliest checks-and-balances showdown occurred when John Adams made last-minute appointments before leaving office in 1801.
- Upon taking power, Thomas Jefferson and James Madison ignored these appointments made by Adams.
- William Marbury, an Adams justice of the peace appointee, asked the Supreme Court to compel Jefferson and Madison to honor Adams' decisions.
- In 1803, the Supreme Court concluded that Marbury's commissions became legitimate with Adams' signature but stopped short of ordering the appointments to occur.
- Championing a strong central government, Alexander Hamilton, Treasury Secretary, sought a national bank during George Washington's presidency.
- Opponents, led by Jefferson and Madison, argued that Congress had no authority to charter a bank.
- Andrew Jackson, the first populist president, disliked banks, believing they favored the rich when he refused to extend the charter in 1832.
- During the Civil War, Abraham Lincoln suspended habeas corpus, although not strictly legal, to protect the Union.
- The Supreme Court asserted Lincoln's actions were a public necessity needed to protect the Union in a separate 1862 case.
- Faced with consequences for seceding states and Confederate leaders, Radical Republicans in Congress intended to enfranchise and elevate African Americans.
- Andrew Johnson, Tennessean president with less lenience toward Confederates, opposed these initiatives, creating a conflict.
- Until 1883, almost every federal job was a political appointment that changed with each presidential transition.
- The Pendleton Civil Service Reform Act, passed in 1883, sought to fill some positions through examinations, instead of politics.
- In the aftermath of World War I, Woodrow Wilson advocated for the League of Nations, but Henry Cabot Lodge introduced it to the Senate with amendments to limit its power.
- Franklin D. Roosevelt proposed to expand the court to counter Supreme Court strikes down parts of his New Deal initiatives.
- Although his idea was not seriously entertained, Roosevelt succeeded in shifting the justices' perspectives.
- In 1973, Richard Nixon ended official military involvement in Vietnam, but withdrawal was not completed until 1975, with Congress cutting funds for South Vietnam's government.
- The Supreme Court ruled in 2012 that Congress could not compel states to expand Medicaid by withholding funds already obligated to the states under previous federal law.
- Trump has expressed interest in seeking a third term, despite the 22nd Amendment limiting presidential terms to two.
- The Washington Post covered the Watergate scandal extensively, leading to Richard Nixon's resignation in 1974, and the Supreme Court unanimously ruled against Nixon regarding executive privilege.

