4.7 Checks & Balances

Checks and balances create a system that ensures no single branch of government becomes too powerful by allowing each branch to limit the powers of the others. This system is essential for maintaining a balance of power and protecting citizens’ rights.

• Legislative Branch – The General Assembly creates laws on various issues. However, the governor holds veto power, which allows the executive branch to check the legislature’s decisions by preventing laws from taking effect. The legislature, in turn, can override the governor’s veto with a three-fifths majority vote in both houses. They also can repeal executive orders. Importantly, the power of the purse gives the General Assembly the ability to fund or not fund gubernatorial and judicial priorities.

• Executive Branch – Headed by the governor, this branch implements and enforces state laws. The governor can issue executive orders to address emergencies or manage state operations, but these orders can be reviewed and potentially overturned by the judicial branch if they are deemed unconstitutional. The governor also appoints judges to fill vacancies in the state judiciary, subject to confirmation by the state senate, ensuring that both the legislative and executive branches have a role in judicial appointments.

• Judicial Branch – This branch interprets state laws and ensures justice is served. Through judicial review, state courts, including the Ohio Supreme Court, have the power to rule on the constitutionality of legislative and executive actions. This ability to review and invalidate laws or executive orders that violate the Ohio Constitution provides a crucial check on the other branches of government. By overseeing the constitutionality of actions taken by the legislative and executive branches, the judicial branch helps maintain the balance of power within the state government.

When all three branches are controlled by the same political party, they may be less inclined to check and constrain the others’ activities. The Ohio Constitution allows for the public to act as a check against the three branches of governments. Specifically, citizens can initiate referendums in which the public decide whether to pass laws or invalidate laws recently passed by the legislature.