Bar Exam Practice Questions

What principle ensures that no branch of government exceeds its authority?

1. Federalism

2. Checks and balances

3. Judicial review

4. Separation of powers

The correct answer is: Checks and balances

The principle that ensures that no branch of government exceeds its authority is centered on checks and balances. This system is designed to maintain a balance of power among the legislative, executive, and judicial branches of government. Each branch has specific powers and responsibilities, and they can monitor and limit each other's actions. This interdependence helps prevent any one branch from becoming too powerful or abusing its authority. For example, while the legislative branch makes laws, the executive has the power to veto those laws, and the judicial branch can review the legality of those laws. This ongoing interaction among the branches creates a framework where all branches are accountable to one another, safeguarding the rule of law and the rights of individuals. In contrast, while federalism involves the division of powers between national and state governments, it does not specifically apply to the internal structure and limits of power within the branches of government themselves. Judicial review, on the other hand, refers to the power of courts to assess the constitutionality of laws and actions, but it is a part of the checks and balances system rather than the overarching principle. Separation of powers establishes the different roles of the branches, but checks and balances is the mechanism that actively prevents overreach.