19 September 2007

Check Please

Some of the most animated testimony heard at Hillsborough's Charter Study Commission meetings came from former Township Committeewoman Sonya Martin on the topic of checks and balances and separation of powers. Her contention was that in our current Township Committee form of government, neither was present. She's half right.

"Checks and Balances" - "Separation of Powers" - It's hard to use one term without mentioning the other. In our democracy these two tenets are closely related, but they are separate ideas. In fact, "checks" and "balances" are two separate concepts themselves.

Think of it this way: checks are the safeguards built into our Constitution to keep the government from becoming too powerful. There are many different kinds of checks. Balance is the idea that no one part of the government should be stronger than any other part. Separation of powers is one of the mechanisms that makes checks and balances work. The separate branches of government - Executive, Legislative, and Judicial - each have designated powers that can serve to thwart an unreasonable domination by any one branch.

On a national level, where government functions are carried out basically in one city far from most of the population, and where there is no higher authority that the government is answerable to, separation of powers is the key to providing checks and balances. In the absence of a babysitter, far away from the scrutiny of the public, they babysit each other - and despite the occasional tantrum, this system conceived by our founding fathers has served us well for over 200 years.

Separation of powers provides great checks and balances, but it is not the only safeguard given to us by the founding fathers. In fact, it might not even be the most important. Read tomorrow to find out what checks and balances are being employed in Hillsborough today - and why Ms. Martin is half wrong!

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