Separation of powers in constitution

Question 1

Separation of powers

Answer 1

• Art 1: the legislature
• Art 2: the executive
• Art 3: The judiciary

Question 2

History of separation of power

Answer 2

• influenced by western political philosophy
• aware of horizontal sep of powers (legislature, executive & judiciary)
• Influenced by english and french philosopher (who influenced sep of powers)
• US adopted this system

Question 3

Art 1: legislature

Answer 3

• Senate & house of representatives
• Legislature is congress & congress is: senate & house of reps
• Bicamel system
• Constitution was a compromise. Compromise was the federal system

Question 4

The senate

Answer 4

• The president is vice pres of us
• 100 members
• same power as house in terms of passage of legislation
• power to confirm judicial appointments- federal judges and supreme court justices
• final say on impeachment
• power to approve by 2/3rd vote, treaties made by executive branch
• Power to approve treaties + international treaties

Question 5

The house of representatives

Answer 5

• speaker elected by members of house(leader of the controlling party)
• 435 members (proportionate to population of sate. bigger state have more reps)
• organised in specialised committees (deal with certain areas of law)
• same power as senate for passage of legislation but power to initiate bills related to revenue
• impeachment of federal officers who are sent to trial before senate

Question 6

Art 2: executive

Answer 6

• President of USA
• elected official for term of 4 yrs
• electoral college: not direct election of pres. People of state elect electors who elect the pres?

Question 7

Art 3: supreme court

Answer 7

• Interprets laws and applies them to factual disputes
• federal judges r appointed rather than elected
• 9 justices
• split between conservative+liberal justice system (political ideology) because they r appointed by the president

Question 8

judicial review

Answer 8

• Vested with authority to determine legitimacy of acts of congress
• Marbury v Madison 1803 established judicial review in US
• Justices can invalidate acts passed by congress
• Can say whether it is constitutional or not/repealed
• UK SC cant do this cos of PS

Question 9

Federal courts

Answer 9

• Also called art 3 courts
• appointed by president + confirmed by senate
• Trials/judicial review of state takes place in district courts (selected decisions appear in Federal supplement)
• Appeals: court of appeal (look at courts)