The Fragility of the System
The U.S. government is often described as a system of checks and balances, a constitutional framework where power is divided among three coequal branches: Legislative, Executive, and Judicial. Each branch has its own set of responsibilities, carefully designed to prevent tyranny and ensure a functioning democracy.
But the system is only as strong as the willingness of those in power to abide by it. What happens when one branch decides it no longer wants to be checked? What if a President refuses to comply with a Supreme Court ruling? What if Congress defies the courts or an executive order? The Constitution provides mechanisms to resolve conflicts, but enforcement is a different story.
History has tested the limits of these checks, and in some cases, those in power have simply refused to listen. Looking at how these branches operate, their constitutional limits, and what happens when those limits are ignored reveals something fundamental about American democracy it functions because people choose to respect the rules, but it can just as easily collapse when they don’t.'
The Legislative Branch: The Power to Make Laws
Congress was designed to be the most powerful branch, holding the ability to make laws, control government spending, declare war, and oversee the executive branch. The House and Senate operate as distinct chambers with different responsibilities, but they shape national policy together.
What Keeps Congress in Check?
The President's Veto – The executive branch can reject legislation, forcing Congress to either override it with a two-thirds majority or negotiate.
Judicial Review – The courts can strike down laws that violate the Constitution (Marbury v. Madison, 1803).
Public Pressure – Elections serve as the ultimate check on legislators, as voters can remove them from office.
What If Congress Refuses to Be Checked?
While the courts can declare laws unconstitutional, enforcement is another issue. Take Worcester v. Georgia (1832), where the Supreme Court ruled that Georgia could not impose laws on Cherokee lands. President Andrew Jackson allegedly responded, “(Chief Justice) John Marshall has made his decision; now let him enforce it.” Georgia ignored the ruling, and without federal enforcement, nothing changed.
If Congress were to defy the courts today, there would be limited immediate consequences beyond public backlash. However, prolonged defiance could lead to a constitutional crisis where the executive branch must decide whether to intervene or let Congress act unchecked.
The Executive Branch: The Power to Enforce Laws
The President is often seen as the face of the U.S. government, with the ability to veto legislation, direct military operations, and issue executive orders. But that power isn’t absolute.
What Keeps the President in Check?
Congressional Oversight – Congress controls funding and can override vetoes or even impeach the President.
The Courts – The judiciary can rule executive actions unconstitutional (United States v. Nixon, 1974).
Public Opinion – The President is accountable to voters and the broader political environment.
What If the President Ignores the Judiciary?
This is where things get dangerous. In Youngstown Sheet & Tube Co. v. Sawyer (1952), President Truman attempted to seize control of steel mills to prevent a strike during the Korean War. The Supreme Court ruled his actions unconstitutional. But what if Truman had ignored the ruling?
Unlike Congress, the courts have no enforcement power. If a President refuses to comply, the burden falls on Congress to act. Theoretically, impeachment is the ultimate remedy, but if Congress fails to act, the President could continue to operate unchecked. This is why United States v. Nixon (1974) was such a pivotal moment when the Supreme Court ordered Nixon to hand over the Watergate tapes, he complied. Had he refused, the only remaining check would have been impeachment or, worst case, a constitutional crisis where the military or federal agencies would be forced to choose sides.
If a President ignored a judicial order and Congress failed to act, it would create a dangerous precedent where the executive branch could govern without restraint. This would shift the United States from a constitutional republic to something closer to executive rule, where laws and court rulings are only followed if convenient for those in power.
The Judicial Branch: The Power to Interpret Laws
The courts act as the final check, ensuring laws and executive actions align with the Constitution. The Supreme Court is particularly powerful, with lifetime-appointed justices who can overturn laws and government actions.
What Keeps the Courts in Check?
Congressional Action – Congress can pass new laws or amend the Constitution to override court decisions (Chisholm v. Georgia led to the Eleventh Amendment).
Executive Enforcement – The President enforces judicial rulings, as seen when President Eisenhower sent troops to enforce Brown v. Board of Education (1954).
Public and Political Pressure – Justices may claim neutrality, but public sentiment and political shifts influence their decisions.
What If Courts Overreach?
Courts are powerful but rely entirely on the executive branch to enforce rulings. If a ruling is ignored, the courts have no police force, no military, and no direct way to impose their decision.
For example, in Brown v. Board of Education (1954), the Supreme Court ruled that school segregation was unconstitutional. Some Southern states refused to comply, leading to a showdown in Arkansas where President Eisenhower had to send federal troops to integrate schools. If Eisenhower had chosen not to act, the ruling would have been meaningless.
This is why the judiciary, despite being an equal branch, is ultimately the weakest in terms of enforcement. If both the executive and legislative branches ignore it, judicial rulings become symbolic rather than authoritative.
The Fragility of the System: What Happens When It Breaks?
History shows that the U.S. system of checks and balances is not an automatic safeguard it relies on compliance. When branches refuse to check each other, the system bends and sometimes breaks.
If Congress Refused to Recognize Court Rulings – The courts could continue issuing decisions, but without executive enforcement, they would be powerless.
If the President Ignored the Judiciary – The courts could declare actions unconstitutional, but without a mechanism to enforce compliance, it would fall to Congress to impeach or intervene.
If the Judiciary Became Too Powerful – Congress could strip courts of jurisdiction or change the size of the Supreme Court, as FDR attempted with his court-packing plan in 1937.
Each branch has ways to resist overreach, but none of them work unless those in power respect the rules. A President who refuses to comply with a ruling, a Congress that disregards judicial review, or a court that aggressively expands its influence can all push the system toward dysfunction.
From a philosophical perspective, Hobbes would argue that the government exists to impose order, and when it fails to maintain that order, chaos follows. Locke, on the other hand, would emphasize that when a government no longer functions within its limits, it is the right of the people to demand accountability, whether through elections, protests, or legal challenges. Nietzsche might suggest that power is the only real governing force, and laws are only followed because those in power allow them to be.
The reality is there is no guarantee that the system holds. It has been held because, throughout history, leaders have begrudgingly or not respected the institutions in place. The real question is, what happens when they stop? The answer is a constitutional crisis, where the balance of power is no longer guided by laws but by force, persuasion, and the people's will to restore it.
If that day ever comes, it won’t be the Constitution that saves the country it will be whether those in power and the public are willing to uphold it.
Phenomenal write up. The thought of considering a Constitutional Crisis as a real circumstance of concern , is intriguing philosophically. As you allude to Hobbesian analysis would assert that We as citizens are called to and responsible for the sustainment or removal of a system.
When leaders are no longer governed by a respect for the institutions agreed upon, the right to rule can be argued to be lost and a challenge to that rule is the duty of any purposeful citizen. Thanks for the write up bro!