By Sígrid Vendrell-Polanco*
This Article delves into the intricacies of the checks and balances system meticulously crafted by the founders of the United States. This framework aims at ensuring a balanced distribution of power among the federal government’s branches. By dissecting historical documents and constitutional debates, this Article explores the checks and balances structure envisioned by the founders, meant to prevent any single entity from usurping overarching authority and safeguard democratic principles to ensure a system of mutual accountability. However, this well-intentioned system reveals its limitations when applied to the U.S. Territories —regions and peoples that have historically been marginalized within the American political discourse.
The Article systematically examines how the checks and balances system, while robust within the continental United States, has not been fully extended or adapted to the unique political and social contexts of the Territories. Through a detailed analysis of legislative, executive, and judicial interactions—or the lack thereof—with respect to the Territories, we identify significant gaps in representation, governance, and rights.
Moreover, the Article scrutinizes key legal and constitutional cases that highlight the Territories’ ambiguous status and the federal government’s often unilateral decision-making power. It argues that the current framework fails to provide adequate checks and balances for the Territories, leading to governance that is not fully accountable to its residents. This failure not only undermines the democratic ideals espoused by the founders but also perpetuates a colonial legacy that is increasingly at odds with contemporary principles of self-determination and equality.
This Article calls for a reevaluation of the checks and balances system in relation to the U.S. Territories. It proposes legal reforms and constitutional amendments aimed at integrating the Territories more fully into the American political fabric, ensuring that the foundational principles of democracy, representation, and accountability are upheld for all U.S. citizens, irrespective of their geographic location.