The Three Branches of Government Flashcards
Separation of Powers (U.S.)
The separation of powers is the distribution of political authority that provides a system of checks and balances to ensure that no single branch becomes too powerful or infringes on the rights of the citizens.
Checks and Balances (U.S.)
Powers are balanced so that one branch can prevent excessive control of another by checking its actions. Some examples of how the separation of powers ‘checks’ other branches include: (1) Both houses of Congress agreeing to propose an amendment with a 2/3rds majority, then ratification of the amendment through 3/4ths state legislatures; (2) The president has veto power over congressional legislation, but his treaties and major appointments require the consent of the Senate; (3) Congress can impeach the president and federal judges, but the courts have the final say on the interpretation of the Constitution.
Legislative Branch
The legislative branch is a two-house Congress, also known as a bicameral legislature, made up of the Senate and the House of Representatives. It has the power to make federal laws that apply to the entire nation. It also has the power to appropriate money to carry out laws, establish all lower federal courts, override a presidential veto and impeach the president. The “necessary and proper clause (elastic clause) allows the legislative branch to remain flexible and adjust with the circumstances that changing times require. (A clause in Article I, Section 8 of the United States Constitution.)
Legislative Branch - habeas corpus
In Section I, Article 9, of the Constitution it stipulates that congress cannot suspend habeas corpus (due process rights) unless there is a rebellion or invasion.
Legislative Branch - ex post facto law
In Section I, Article 9, of the Constitution it stipulates that congress cannot pass an ex post facto law, which makes individuals subject to prosecution for committing an act before that act was deemed illegal.
Ineligibility Clause
The ineligibility clause (U.S. Constitution - Article 1 - Section 6) puts a limitation on the employment of members of Congress, and the employees of the executive branch, from serving or holding other office of Congress. This clause expressly bars the senator or representatives from being appointed to any civil office under the authority of the U.S. The purpose of the clause is twofold: (1) To protect separation of powers; (2) To prevent Congress from conspiring to create offices or increase federal officials’ salaries with the expectation that members of Congress would later be appointed to these posts.
Executive Branch
The executive branch has the power to carry out and enforce federal laws using federal departments and agencies, a cabinet, and regulations. The president is the chief executive of this branch, which also oversees the military. The powers of the executive branch also include veto power over all bills (before they become laws), the ability to appoint judges and other officials, the ability to make treaties and power to issue pardons.
Judicial Branch
The judicial branch is comprised of federal courts and has the power to interpret federal laws by hearing arguments about the meaning of laws and how they are carried out. The Supreme Court also has the power of judicial review, which is the ability to determine if a law or executive act is in agreement with the Constitution or not.
Constitutional Amendment (U.S.)
A constitutional amendment is extra language added onto the end of the Constitution that adds to or changes the Constitution.
Constitutional Amendment (U.S.) - Article V - Amending the U.S. Constitution
The Constitution’s Article V lays out the process by which the Constitution may be amended. There are four different ways: An amendment can be proposed by (1) Both houses of Congress agreeing to do so with a 2/3rds majority or (2) A constitutional convention convened after the application of 2/3rds state legislatures; THEN it can be approved through (1) Ratification of 3/4ths state legislatures or (2) Ratification of conventions in 3/4ths states.
Constitutional Amendment (U.S.) - Article V - Text
The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.
Constitutional Amendment (U.S.) - Joint Resolution
When both the House of Representatives and the Senate propose a constitutional amendment by a two-thirds majority vote.
Constitutional Amendment (U.S.) - Two Types Constitutional Convention
There are two types of constitutional conventions. One is a constitutional convention in congress convened after the application of 2/3rds state legislatures for proposing an amendment. The others are conventions convened in states for the ratification of an amendment, which needs a 3/4ths majority to pass.
Constitutional Amendment (U.S.) - Ratification
To be ratified, 3/4ths of the state legislatures or 3/4ths of state conventions must approve a proposed amendment. The former method was used for all amendments except for the 21st.
Constitutional Amendment (U.S.) - Article V - Most common way of Amending the U.S. Constitution
Proposal by Congress (2/3rds) with ratification by the state legislatures (3/4ths) has been used in every case except for the 21st Amendment in which it was proposed by Congress with ratification by state conventions (3/4ths).
