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checks and balances

The system of checks and balances affects how the law is made in the U.S. There are three main branches of the government:

  • Executive - the president
  • Legislative - the congress
  • Judicial - the court system

Under this system, no one branch of government can make laws without the guidance and approval of the other.

  • The president, for example, has to get the votes and approval from the congress to pass a bill or law.
  • The congress can pass a bill or law; but, the president can veto a law that either the House of Representatives or Senate tries to pass.
  • If the legislature doesn't like the way a court interpreted something or doesn't like a "rule" a court created in case law, the legislature can then pass a new law changing the rules (provided they get the support from the president and the legislative branch).
  • If a law is passed and someone sues to challenge whether that law is constitutional, the Supreme Court gets to take a look and make sure the law doesn't tread on constitutional rights.

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