<P> The term tripartite system is commonly ascribed to French Enlightenment political philosopher Baron de Montesquieu, although he did not use such a term . In reality he referred to "distribution" of powers . In The Spirit of the Laws (1748), Montesquieu described the various forms of distribution of political power among a legislature, an executive, and a judiciary . Montesquieu's approach was to present and defend a form of government which was not excessively centralized in all its powers to a single monarch or similar ruler, form of government known then as "aristocracy". He based this model on the Constitution of the Roman Republic and the British constitutional system . Montesquieu took the view that the Roman Republic had powers separated so that no one could usurp complete power . In the British constitutional system, Montesquieu discerned a separation of powers among the monarch, Parliament, and the courts of law . </P> <P> Montesquieu did actually specify that the independence of the judiciary has to be real, and not apparent merely . The judiciary was generally seen as the most important of the three powers, independent and unchecked, while also likely to claim to be the least dangerous one . </P> <P> To prevent one branch from becoming supreme, protect the "opulent minority" from the majority, and to induce the branches to cooperate, government systems that employ a separation of powers need a way to balance each of the branches . Typically this was accomplished through a system of "checks and balances", the origin of which, like separation of powers itself, is specifically credited to Montesquieu . Checks and balances allow for a system - based regulation that allows one branch to limit another, such as the power of the United States Congress to alter the composition and jurisdiction of the federal courts . Both bipartite and tripartite governmental systems apply the principles of the separation of powers to allow for the branches represented by the separate powers to hold each other reciprocally responsible to the assertion of powers as apportioned by law . The following example of the separation of powers and their mutual checks and balances for the experience of the United States Constitution is presented as illustrative of the general principles applied in similar forms of government as well . </P> <Table> <Tr> <Th> Legislative (Congress) </Th> <Th> Executive (President) </Th> <Th> Judicial (Supreme Court) </Th> </Tr> <Tr> <Td> <Ul> <Li> Passes bills; has broad taxing and spending power; regulates inter-state commerce; controls the federal budget; has power to borrow money on the credit of the United States (may be vetoed by President, but vetoes may be overridden with a two - thirds vote of both houses) </Li> <Li> Has sole power to declare war, as well as to raise, support, and regulate the military . </Li> <Li> Oversees, investigates, and makes the rules for the government and its officers . </Li> <Li> Defines by law the jurisdiction of the federal judiciary in cases not specified by the Constitution . </Li> <Li> Ratification of treaties signed by the President and gives advice and consent to presidential appointments to the federal judiciary, federal executive departments, and other posts (Senate only). </Li> <Li> Has sole power of impeachment (House of Representatives) and trial of impeachments (Senate); can remove federal executive and judicial officers from office for high crimes and misdemeanors </Li> </Ul> </Td> <Td> <Ul> <Li> Is the commander - in - chief of the armed forces </Li> <Li> Executes the instructions of Congress . </Li> <Li> May veto bills passed by Congress (but the veto may be overridden by a two - thirds majority of both houses) </Li> <Li> Executes the spending authorized by Congress . </Li> <Li> Declares states of emergency and publishes regulations and executive orders . </Li> <Li> Makes executive agreements (does not require ratification) and signs treaties (ratification requiring approval by two - thirds of the Senate) </Li> <Li> Makes appointments to the federal judiciary, federal executive departments, and other posts with the advice and consent of the Senate . Has power to make temporary appointment during the recess of the Senate </Li> <Li> Has the power to grant "reprieves and pardons for offenses against the United States, except in cases of impeachment ." </Li> </Ul> </Td> <Td> <Ul> <Li> Determines which laws Congress intended to apply to any given case </Li> <Li> Exercises judicial review, reviewing the constitutionality of laws </Li> <Li> Determines how Congress meant the law to apply to disputes </Li> <Li> Determines how a law acts to determine the disposition of prisoners </Li> <Li> Determines how a law acts to compel testimony and the production of evidence </Li> <Li> Determines how laws should be interpreted to assure uniform policies in a top - down fashion via the appeals process, but gives discretion in individual cases to low - level judges . The amount of discretion depends upon the standard of review, determined by the type of case in question . </Li> </Ul> </Td> </Tr> </Table>

Where do the checks and balances come from