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 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. This is called a legislative override. The General Assembly also can vote to repeal executive orders. Importantly, the power of the purse gives the General Assembly the ability to fund or not fund gubernatorial and judicial priorities. The power of the purse means the legislature decides where public funds are allocated.

• Executive Branch – Headed by the governor, this branch implements and enforces state laws. Again, the governor has veto power over bills passed by the General Assembly. But the governor also has what is called a line-item veto, which allows vetoing specific parts of the state budget without rejecting the entire bill. With regard to the judicial branch, the governor appoints judges to fill vacant state judge positions, subject to confirmation by the state senate. This means both the legislative and executive branches have a role in certain judicial appointments.

• Judicial Branch – This branch interprets state laws and ensures justice is served. Through a process called judicial review, state courts, including the Ohio Supreme Court, have the power to decide whether laws or executive actions follow the Ohio Constitution. If a law or executive order is found unconstitutional, the courts can strike it down. This authority gives the judicial branch an important check on the legislative and executive branches and helps maintain the balance of power in 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. In a previous chapter, we defined that situation as single-party control of government. However, 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.