For the past month, confirmation hearings have been taking place in Congress for Brett Kavanaugh, the most recent judge to be nominated by President Trump to fill the empty space on the Supreme Court. During the hearings, Senator Ben Sasse, a republican from Nebraska, took the time to address a concern he has for the American system of checks and balances. Senator Sasse lists four brief points to explain what is wrong with America’s current legal system to answer the questions “How did we get here? And how can we fix it?” Sasse states that the legislative system should be the center of the political system, that currently it is not because the branch is giving its power to the executive and judicial branches, that the people yearn for a place where politics actually happen, and that the original system set up by the founding fathers should be restored.
First, background information is necessary to help understand how checks and balances should be set up. In the 1787 the United States constitution was finally finished. The document is separated into different articles, with the first three dealing with how the branches of government should be established. The Articles were established so no one branch had the most power but was also established so that the legislative branch was the center of political debate. You can see this because the citizens have the most “say so” in the branch by being able to choose who goes in there and the shorter term limits the legislatures have. The citizens have the least say so when deciding the Judicial branch because they are not directly elected by the citizens, and they have lifelong tenure.