Checks and Balances Essay

This essay will discuss the Constitutional principle of Checks and Balances. It will inform the concept and potentiality of the separation of power. As an representative, the baptistery of chocolate-brown v. The board of Education will be used to explain the concept and effectiveness of the separation of power. Brown v. The bill of Education is a famous face that final stageed segregation in prepargons in 1954 during the Civil Rights Movement. First, lets start with what the interpretation of Checks and Balances is as it pertains to the Constitution.The definition according to Merriam-Webster is a system that allows each set-back of a government to amend or shun acts of another complexify so as to prevent any one branch from exerting in like manner much power. . The legislative power is vested in the social intercourse, the executive power rests with the electric chair and the judicial power is granted to the lordly Court and other federal official courts. Each branc h of government has separate and particular powers as listed in the Constitution, each branch is also given the power, duty and ability to aver and balance the other(s) in a system of checks and balances.The Constitution grants all legislative power to the Congress. The Congress is bicameral and a bill has to pass two houses the House of Representatives and the Senate. In this way the houses check and balance each other. both(prenominal) the executive and the judicial branch check and balance the Congress legislative power. Although only the Congress can make laws, the chairwoman has the power to veto bills, in which case the bill can only pass with a 2/3 majority in both houses.Finally, if the Congress and the chair agree on a law, the supreme Court has the power of see the laws and a power of review, i. . the Supreme Court can declare a law unconstitutional and therefore void. As chief administrator the President is required to see that laws are carried out, to enforce exist ing politics and to managing the bureaucracy. The chairwoman nominates the heads of the executive branchs departments, nevertheless these appointments are subject to the Congress approval. The constitution makes the president and Congress share powers in matters such as foreign policy and the US armed forces.In the case of Brown v.The Board of Education, the legal defense of Oliver L. Brown submitd, the discriminatory nature of racial segregation violates the 14th amendment to the U. S. Constitution, which guarantees all citizens equal protection of the laws,. Because of this Brown v. The Board of Education laid the foundation for shaping future national and world-wide policies regarding human rights. At the time, the state of Kansas had segregated schools, meaning that black and whiteness baby birdren could not go to school at the same regularize.At the end of the case, Brown and his legal defense had argued that it was not fair to the children because they may or may not get the best education if they were segregated. The United States Supreme Court ruled that no state should segregate any child in national schools. White and Black children would go to school unitedly and be offered the same rights. Anything less would be unconstitutional. This is a perfect example of how the state legislature was overturned by the Supreme Court and they were up to(p) to keep a check and balance on each other.The state of Kansas did not have a law stating that the schools must be segregated, but they also did not have a law saying that they couldnt be segregated. The Browns first took their case to the state in 1951. After the case was dismissed, Brown and four other lawsuits made an appeal to the United States Supreme Court were the state ruling was overruled. The Supreme Court had checked and concur that it was a violation of the Constitution to segregate schools. To this day, a public school can not discriminate against any child, black or white, young-begettin g(prenominal) or female, smart or special ed.The decision made by the Supreme Court was a unanimous ruling that was issued on whitethorn 17, 1954. At that time Chief Justice Earl Warren wrote that segregated schools are not equal and cannot be made equal, and hence they are disadvantaged of the equal protection of the laws. He continued, We conclude that in the field of public education the doctrine of separate but equal has no place. . give thanks goodness for checks and balances, without them, the country would be a much different place to live.