Chapter 9 – The Governor & Other Executives
9.3 Checks & Balances in Ohio Government
Let’s revisit the concept of checks and balances because to get things done the governor must navigate both the legislative and judicial branches.
As you recall, the Ohio Constitution divides the state government into three branches: legislative, executive, and judicial. This division of power is crucial as it grants specific powers to each branch and establishes a system of checks and balances.
The purpose of checks and balances is to ensure that no single branch can control too much power, maintaining a separation of powers. Here are some examples of how the different branches in Ohio work together:
- The legislative branch, consisting of the Ohio General Assembly, makes laws, but the Governor in the executive branch can veto those laws with a gubernatorial veto.
- The legislative branch makes laws, but the judicial branch, including the Ohio Supreme Court, can declare those laws unconstitutional.
- The executive branch, through various state agencies, is responsible for the day-to-day enforcement and administration of state laws. These state agencies have diverse missions and responsibilities, ranging from environmental protection to public safety.
- The Governor in the executive branch can veto a law, but the legislative branch can override that veto with a three-fifths majority vote in both the House and the Senate.
- The legislative branch has the power to approve the Governor’s appointments, control the state budget, and can impeach and remove the Governor from office.
- The executive branch can issue Executive Orders, which carry the force of law, but the judicial branch can declare those orders unconstitutional.
- The judicial branch interprets laws, but the Senate in the legislative branch confirms the Governor’s nominations for judicial positions, and the General Assembly can impeach and remove judges from office.
Source (modified): https://bensguide.gpo.gov/j-check-balance
Foundational Facts
Remember, the Ohio Constitution, drawing from the U.S. Constitution, divides power among the legislative, executive, and judicial branches. It also creates checks and balances to prevent any one branch from becoming too powerful.
Concentrated power in a single branch can lead to abuses, unchecked authority, and a lack of accountability to the people. Federalist No. 51 underscores this, as James Madison argued that each branch should have “the necessary constitutional means and personal motives to resist encroachments” from the others. Ideally, this arrangement maintains a balanced and fair government.
