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Checks and Balances
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Checks and Balances
Get Ready: Should judges be allowed to overturn laws made by the people? Why or why not?
Montesquieu
The Argument:
Montesquieu is arguing that in order to avoid tyranny, powers should be separated. It's too dangerous to let the person who is EXECUTING the law
also make laws. It is too much power.
Interpret this quote
Separation of Powers
does one branch have too much power? Which one and why?
John Adams
Comparing Ideas:
Montesquieu argued that the court's role was to judge criminals. Adams, and the Federalists argue that the court can go beyond that, and intrepet law.
Which vision do you think builds a healthier democracy? Why?
In Thoughts on Government, Adams asserted that a good government is a government of laws, and considered how the "divine science of politics" could achieve such a government. Adams's proposed solution: three separate, independent, and balanced branches:
An executive (governor) who would have "a negative upon the legislative"; that is, VETO power;
A bicameral (two house) legislature, as a unicameral (one house) legislature is "liable to all the vices, follies, and frailties of an individual"
Adams's most original contribution was his proposal for an independent judiciary. Supreme executives had headed other governments, and the British Parliament had long consisted of two chambers. Judges, however, were subject to the will of kings and parliaments.
John Adams
As a young lawyer, he defended the British soldiers who fired on civilians during the Boston Massacre - While unpopular, he believed the rights of the accused to a fair trial was a necessity of the free republic he hoped to build.
John Adams was a key figure in the American Revolution, and would go on to help shape the new govenrment in practice.
As the nation's second president, he would put many of the REPUBLICAN ideals he'd advocated for into practice.
Do other states have similar systems?
International Comparison
Failure of Checks and Balances?
Case Study: Evo Morales and Bolivian Democracy
Bolivia
What was the ECONOMIC effect of this breakdown?
Checks and Balances in the Real World
Final Task
Task: To better understand what "Checks and Balances" really look like, you will be given one of three newspaper articles. Use them to fill in the graphic organizer.
When finished, we will fill in the rest of the organizer as a class.
Exit Question: What is your interpretation of this cartoon?
Do you agree or disagree?