Government power in the US is a swirl of checks and balances, as a recent Supreme Court ruling shows

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The framers creating the U.S. Constitution knew they needed SOMEONE to be at the helm of the federal government, a president.

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Where something starts, though, isn’t always where it stays, as America’s history since the convention that created the U.S. Constitution shows. Through the centuries, as the country expanded from 13 states to 50, as the roles and responsibilities of government expanded through wars and social change and changing global realities, the powers that the branches of government pushed to have for themselves and in relation to each other have made checks and balances a moving target.

But in comparison to Congress in the country's early years, “the presidency was a very weak institution,” says Benjamin Ginsberg, professor of political science at Johns Hopkins University, who pointed out that Congress initially didn't even give the president money to pay for household staff. It was the 20th century, though, that really saw the increase in the power of the presidency, particularly through the New Deal era under Franklin D. Roosevelt and World War II. The government expanded through social programs, financial reforms and regulations to get out from under the Great Depression, all of which needed administering.

Congress “could be much more explicit in its rulemaking and not hand over the rulemaking to the executive branch,” he says.The Supreme Court played a role as well. It staked out some of its own ground in the Marbury vs. Madison decision of 1803, which established judicial review — the principle that the court had the power to overturn laws it deemed unconstitutional.

 

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