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The American constitutional system includes a notion known as the Separation of Powers.In this system, several branches of government are created and power is shared between them.At the same time, the powers of one branch can be challenged by another branch. This is thesystem of checks and balances. Checks and balances refers to the various procedural ruleswhich allow one branch to contain another, such as the authority of the American President toveto legislation passed by Congress, or the power of Congress to alter the composition or jurisdiction of the federal courts. After the 9.11 incident, the Bush administration has argued that the executive possess absolute powers related to foreign and defence policy. According to this, the Bush administration has detained individuals without due process and tortured human beings in violation of treaties ratified by the United States and federal statutes that prohibit torture. Also it has wiretapped in violation of federal statutes that the government may engage in electronic eavesdropping only after obtaining a warrant either from a federal district court or from the Foreign Intelligence Surveillance Court. It is time to restore checks and balances to the American government.