Journal Title
Stetson Law Review
Volume
54
Issue
3
First Page
473
Document Type
Article
Publication Information
2025
Abstract
By envisioning the checks and balances system, the drafters of the U.S. Constitution aimed to ensure a balanced distribution of power among the federal government's branches-an admirable undertaking by the early leaders of this nation's government. However, few have analyzed the application of the checks and balances system as applied to the colonies, which the United States has collectively held since the late 1800s. This Article offers a compelling exploration of the United States' foundational system of governance through the lens of its territories. At the heart of the American democratic experiment lies a complex architecture of checks and balances, designed by the nation's founders to prevent the concentration of power and protect democratic ideals. By scrutinizing historical texts, the Federalist Papers, and the spirited debates that shaped the U.S. Constitution, this Article unveils the depth of intention behind these mechanisms of mutual accountability. Yet, as this Article meticulously demonstrates, this well-crafted system encounters significant challenges when confronted with the reality that the U.S. territories' regions and their residents are often relegated to the periphery of American political life. Through an incisive examination of legislative, executive, and judicial engagements with these territories, this Article reveals stark disparities in representation, governance, and rights, shedding light on a profound democratic deficit that contradicts the very principles the founders sought to uphold. Part II of this Article details the founders' inspiration and vision for the separation of powers and the checks and balances system as it existed in the Articles of Confederation, and later, the U.S. Constitution. Part III of this Article examines how the Territories Clause of the U.S. Constitution contradicts the foundational system of checks and balances. The separation of powers is lost when met with the reality of U.S. territories and the federal governance over them. Part IV exemplifies this contradiction through the lens of two cases: Financial Oversight Management Board for Puerto Rico v. Aurelius Investments, LLC decided by the Supreme Court in 2020, and Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc., decided by the Supreme Court in 2023. An examination of these two cases exemplifies the unchecked federal legislative branch in the U.S. Territories.
Recommended Citation
Sigrid Vendrell-Polanco, Checks and Balances: A Fallacy in U.S. Territorial Governance, 54 Stetson L. Rev. 473 (2025).