Checks and balances are the two categories of limitations placed on government under the United States Constitution. Balances refer to a relationship between two or more domains. Balances are created by the adjoining domains of governmental entities, or between the government and the domains of non-governmental entities or persons.

The most generally celebrated balance in the history of democracy is the "balance of powers" formed by the relationship of the domains of the legislative, executive, and judicial branches of government. The balance of powers, sometimes called, "separation of powers" is defined in Articles I, II and III of our Constitution. Since its founding in 1787, political philosophers have recognized the genius of the construction of the balance of powers in the United States Constitution.

Although many other nations since 1787 have copied some of the checks and balances in our Constitution, few if any have achieved the robust and limited government that has been experienced by the United States for much of its history. An important reason for this is that constitutional balances are not maintenance free. Citizens must endeavor to understand checks and balances to be able to ensure that they are respected and faithfully maintained by public servants and representatives.

In order to understand how the functional role of each branch of government under our Constitution is distinct from the other branches, it is helpful to consider how the power of each branch differs, not only by its assigned functions, but also by its direction and sequence within the human dimensions of time. For example, the domain of the legislative branch of government is defined by its primary role -- making new law.

By definition, this function requires the legislature to direct its focus to the future and carefully decide, as best it can, whether a new law should be adopted. Because the future in truth is unknown, the legislative process must be open to manifold discourse. At the heart of the legislative process must be the thorough and sincere dialogue of the citizens, so that every new law is preceded by the necessary interchange and deliberations that will create and preserve a deep sense of understanding and empathy among all for the concerns of all.

In Article Two, the focus is on the present. The executive branch is given the power to administer the government and to act with urgency and immediacy to protect the body politic and sustain its infrastructures. The executive branch cannot change the law or enlarge its own power to act.

Article Three establishes the judicial domain. Whether judges are finding the facts in controversy or the meaning and application of law, the judicial domain looks to the past. The past is a realm which should not be altered by political wrangling. But, by inquiry, study and learning the judiciary looks back to discern the past, finding legislative intent and faithfully preserving our proven founding principles.