CHECKS AND BALANCES Flashcards

1
Q

Separation of power?

A

The Legislative branch
The executive branch
The judicial branch

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2
Q

Legislative branch?

A

Make laws
Blames

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3
Q

The executive branch?

A

In charge of carrying out the laws

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4
Q

The judicial branch?

A

Interpret the law

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5
Q

Checks and Balances?

A

Each of the branches has the power to limit or check the other two, this creates a balance between the three separate powers

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6
Q

Legislative branch’s power over the executive branch

A

The house of representatives can impeach the president, then the senate can remove the president from office but if only 2/3 of the senators vote
senate can check the president’s appointment of judges and officials by rejecting them - ADVICE AND CONSENT
IF THE pRESIDENT VETOS A LAW, congress with a 2/3 in both houses can veto
Congress can also refuse to pass laws that the executive wants\
Refuse to pass appropiarate funds

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7
Q

Legislative branches on the Judiciary

A

Congress can impeach and remove judges as it can do with presidents
Senate can reject judicial nominees, which is a a check on judges before they even get there
Congress can change the federal court system,
Congress can pass new laws that override the supreme court, as long as the choices are not based on the constitution - amendments as it did with the 13th, 14th, 15th amedmnets voeruling the Dred scott decision

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8
Q

Executive branch powers over the legislative branch?

A

The executive creates laws, the vice president is given the power to break ties in the senate
President nominates Supreme Court Justices and federal court judges and even parden convicted by the courts

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9
Q

judiciary powers over the legislative and the executive branches

A

Weakest branch, without legislative and executive action
Fewest checks, checks the legislature by declaring laws unconstitutional
Chief Justice - impeachments trials
TUBE COMPANY AND SAWYER - the steel seizure case held that the President did not have authority to seize private property without being granted authority by congress of Article two of the constitution
Court issues warrants in federal crimes, trials in the Senate and impeachment

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10
Q

WHY DO WE HAVE CHECKS AND BALANCES?

A

Framers of the constitution were terrified of a government that would destroy peoples rights
Powers if government are separated so its hard for the government to act in ways that will harm the interest of the citizens
JAMES MADISON - personal motives to rest advancement of others, reflection on human nature and devices to control abuses of government
IF human nature requires that we build safeguards into our government to protect us from leaders

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11
Q

AMENDMENTS

A

There have been 27 amendments to the U.S. Constitution since 1787, with the first 10 of these being ratified almost immediately after the ratification of the Constitution itself, otherwise known as the bill of rights.

There are arguably some amendments that have had more of an impact on U.S. Politics than others. Whilst you don’t need to know all the amendments in huge detail, you should have an awareness of them.

For the first 10 Amendments see The Bill of Rights

11th Amendment
Ratified 1795 – States are immune from legal cases brought by non citizens

12th Amendment
Ratified 1804 – Revises presidential elections through the creation of the ticket system so that the Vice President was not whoever came second

13th Amendment
Ratified 1865 – Abolition of Slavery

14th Amendment
Ratified 1868 – Defined Citizenship, established Due Process and Equal Protection Clause

15th Amendment
Ratified 1870 – Forbids restrictions on voting based on race or colour.

16th Amendment
Ratified 1913 – Income Tax powers granted to Congress

17th Amendment
Ratified 1913 – Established direct elections for US Senators.

18th Amendment
Ratified 1919 – Introduced prohibition for the manufacture of sale of alcohol.

19th Amendment
Ratified 1920 – Votes for Women – Forbids sex to be a discriminating factor in voting

20th Amendment
Ratified 1933 – Changes the date for the start of Presidential and Congressional terms

21st Amendment
Ratified 1933 – Repeals the 18th Amendment

22nd Amendment
Ratified 1951 – Introduces the two term limit for Presidents.

23rd Amendment
Ratified 1961 – Gives District of Columbia votes in the Electoral College

24th Amendment
Ratified 1964 – Prohibits the introduction of a poll tax

25th Amendment
Ratified 1967 – Clarifies rules surrounding the succession to the Presidency and the response to disabilities of the President.

26th Amendment
Ratified 1971 – Establishes 18 years old as the voting age throughout the US

27th Amendment
Ratified 1992 – Congressional salary changes do not take effect until the new Congress is assembled

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12
Q

Executive branch powers over the judiciary

A

President nominates supreme court justice and can chnge how the courts work, nomintaes federal court judges and cna oarden people who are convicted federal court judges
refuse toc arry out choices
exuutucvtve is weaker thna the leguslature

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13
Q

AMENDMENTS 1

A

WAR OF INDEPENDENCE
FEDERALSITS - NEW CONSIitutON
ANTI-FEDERALISTS - INDIVIDUAL RIGHTS PORHIBITED FROM THE RIGHTS
BILL OF RIGHTS
GEORGE MASON
MOST ESSENTIAL FOR THE FOUNDERS IN IRGHTS AND PROTECT
17 AMMENDMENTS PROPOSED
12 WERE RATIFIED SENATE
10 WERE RATIFIED BY THE STATE LEGISLATURES
MADISONS - THE IMPACT - original

17

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13
Q
A
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