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This plan was called checks and balances. Under a system of checks
and balances, each branch of government is able to check, or limit, the
power of the other two branches in a number of ways. The chart of
checks and balances shows you how each branch interacts with the
other two.
Federalism
Further limits on government arise from our federal system. Under
federalism, as you have learned, power is shared by the national
government and the states. Each level of governmentnational and
statehas independent authority over people at the same time.
In creating a federal system, the writers of the Constitution divided the
powers of government into three types. The powers directly granted to
the national government are called the enumerated powers. The
word enumerated means listed or spelled out. Enumerated powers
are also called the expressed or delegated powers.
There are certain powers that the Constitution does not give to the
national government. Instead, they are set aside, or reserved, for the
states. These reserved powers include regulating trade within state
borders, setting up schools, and making rules for marriage and divorce.
The authority of the national and state governments overlap in some
cases. Powers that both levels of government carry out are concurrent
Judicial Review
In 1803, the U.S. Supreme Court case Marbury v. Madison
established that the Supreme Court has the power to determine
whether or not the actions of the other two branches of government
are legal and in line with the U.S. Constitution. This is called judicial
review.
Judicial review is the power of courts to decide the validity of acts
of the legislative and executive branches of government. If the courts
decide that a legislative act is unconstitutional, it is nullified. The
decisions of the executive and administrative agencies can also be
overruled by the courts as not conforming to the law or the
Constitution. The power of the judicial branch to review the actions of
the executive and legislative branches and determine whether or not
they are unconstitutional.