In a few words, the U.S. Constitution was created with the goal of preventing one branch of government from gaining and exercising too much power and authority. The Constitution itself does not mention checks and balances. Neither does it explicitly state what those balances should be. Still, it was carefully designed to implement that concept. The three branches, Legislature, Executive, and Judicial, each provide checks and balances with and against the other.
The Legislative Branch, Article I of the constitution, creates all the Federal laws, controls taxing, and controls spending. Money cannot be spent except in accordance with the laws and bills created by the Legislature. The balance is that the Legislative branch cannot enact any of its laws. It can only make them. It does not decide which laws are being enforced according to its will. With the exception of impeachment and conviction of elected and appointed officials, it has no judicial authority. But recognize the power of the purse and that this power resides solely in the Legislative Branch.
The Executive Branch, Article II, runs the federal government. It cannot create laws. (I recognize that there are many side discussions here such as government agencies and their regulations, but the Legislature has authorized that and let’s keeps the scope as narrow as we possible.) The Executive Branch executes the laws of the Constitution and those of the Legislature. For example, It writes contracts to get things done. To a significant degree it controls finances, but it is bound by the laws in what it can do. It can only do what it is authorized to do.
The Judicial Branch, Article III, decides what is legal and what is not. It is the ultimate decider and cannot be appealed. (Amendments can be created, but that is out of scope.) It can decide when some action is in conformance or is contrary to law. It can decide when some behavior or law is in violation to the Constitution. In that sense it can overrule both the Legislature and the Executive branches. But it has no enforcement arm. It is difficult to imagine how it might run amuck. (Recognize that some Presidents, Congressmen, and others have claimed to the contrary, but that’s another topic.)
The behavior of the current President has been to demonstrate a disdain for the legislative branch. (His behavior towards the free press is without precedent, but that’s another topic.) For example, while providing no justification (please see footnote)[1] he declared a National Emergency for the border with Mexico and began activity to move funds in a manner not authorized by Congress. This violates the check and balance of Congress allocating the funds and the Executive branch using those funds according to law. Specifically:
To make Rules for the Government and Regulation of the land and naval Forces;
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
In my words: Congress makes the laws as to how government runs and what it does. The Executive branch is to implement the will of Congress.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
In my words: Congress declares what funds get spent for what purposes. The Executive branch is not allowed to move funds and spend them in contradiction to the will of Congress. Implied in that section is that Congress has the right to question the Executive branch as to its actions and reasons thereof. This President apparently denies that authority.
The declaration of Emergency about the border wall and the order to move funds from one section of the government to another, and to build a border wall, huge structure costing several billion dollars, was not authorized by the Legislature was and is a violation of the section: “No Money shall be drawn….” And now, this president has clearly and publicly stated that he and his administration will outright ignore and fight all requests from congress to answer questions about the behavior of his administration.
I am not a lawyer, much less a constitutional lawyer. The above sections are what I have discovered regarding the President’s current behavior. My reading and text searching of the Constitution finds nothing about the intent and purpose of its design. But it was designed with intent. Where the constitution is quiet with regard to reason, we must broaden our search.
The next step is the Federalist Papers.
[1] I have searched for a justification from the President or his administration, and found none. If you have a personal justification and rationale, fine, but you are not him. He, the President, has an obligation to present his justification for an act so extreme as to declare a National Emergency. Feel free and encouraged to send an email presenting those justifications, from him, to: president at ca23rd dot org.