2.4 Separation of Powers & Checks & Balances

In the previous section, we referenced James Madison as the “Father of the Constitution.” To understand his thinking, it helps to know the ideas that influenced him.

John Locke’s Two Treatises of Government (1689) argued that government must rest on the consent of the governed, that people have natural rights to life, liberty, and property, and that power should be divided among separate branches. Madison had read this work and worried about tyranny. Tyranny refers to the unfair and oppressive use of power by a government or ruler.

Because of this concern, Madison wanted safeguards that would prevent the abuse of power. Abuse of power happens when leaders use their authority dishonestly, unfairly, or for personal gain instead of serving the public.

To limit this risk, Madison supported the principles of separation of powers and checks and balances.

• Separation of powers means that government authority is divided among three branches: legislative, executive, and judicial.
• Checks and balances refers to the system where each branch has the ability to limit the powers of the others.

Together, these safeguards make it harder for tyranny or abuse of power to take hold.

We will explore these ideas further in Chapter 4 – Foundations of Ohio Government.