US Government - Checks and Balances Flashcards
What is the separation of powers in the US federal government?
The US federal government is split into three branches - the Executive, Legislative and Judicial branch. The separation of powers divides different powers among these three branches, preventing one branch from gaining too much power. The Legislative branch is formed of the Houses of Congress (Representatives and Senate)
The Executive branch is the President and his inferiors, and the Judicial branch is the Supreme Court.
What are the powers of the Legislative branch?
Congress makes the laws.
- Passes federal laws
- Controls federal appropriations
- Approves treaties and federal appointments
- Regulates interstate commerce
- Establishes lower court systems
What are the powers of the Executive branch?
They enforce the laws.
- Commander in chief of the armed forces
- Makes foreign treaties
- Proposes laws
- Appoints Supreme Court justices and federal court judges
- Pardons those convicted in federal court
What are the powers of the Judicial branch?
- Reviews lower court decisions
- Decides the constitutionality of laws
- Decides cases involving state disputes
What is bipartisanship?
Co-operation between two distinct parties, something that was intended when the constitution was constructed, but no longer consistently exists in US politics.
What are checks and balances?
- The powers each branch has that allows them to check up on other branches
- Prevents branches from abusing their powers
- Preserves the separation of powers
- Requires co-operation between the branches of government
How can the Executive Branch check the Judicial Branch?
- The president appoints the justices to the Supreme Court with congressional support and approval who serve for life so long as they are not impeached for serious crimes
How can the Executive branch check the Legislative branch?
- May adjourn Congress in certain situations
- May veto bills passed by Congress
How can the Judicial branch check the Legislative branch?
- May declare laws of Congress Constitutional if they contradict it (judicial review)
How can the Judicial branch check the Executive branch?
- May declare executive actions unconstitutional if they contradict the constitution
- Interprets constitution
How can the Legislative branch check the Judicial branch?
- May propose Constitutional amendments to add to override previous judicial decisions
- May impeach Supreme Court Justices for serious crimes
How can the Legislative branch check the Executive branch?
- May reject presidential appointments
- May withhold funding
- May impeach President for serious crimes
- May override presidential role with 2/3 of a vote of Congress
The full checks of the Legislative branch on the Executive
- Congress can amend, block or reject legislation recommended from the President (e.g. 2001 - amended Bush’s education reform Bill)
- Impeachment power
- Trial of impeachments (Bill Clinton 1997)
- Selection of the President and Vice President in the case of no majority electoral votes
- May override the vetoes of the President (2008 - Food conservation and energy Bill)
- Senate approve treaties and ambassadors
- Senate approves departmental appointments
- Approval of replacement of the Vice President
- Power to declare war; Congress asking for permission from the President to get permission before sending troops into Iraq in 2002 under Bush
- Power of the purse
- President must occasionally deliver a state of union address
The full checks of the Legislative branch on the Judiciary branch
- Senate approves federal judges
- Impeachment power (House) and trial of impeachments (Senate)
- Power to initiate constitutional amendments (1896- 16th amendment to allow Congress to levy income tax)
- Power to set courts inferior to the Supreme Court
- Power to set jurisdiction of courts
- Power to alter the size of the Supreme Court
The checks of the Legislative branch on the Legislative branch
Because it is bicameral (two houses) it has a degree of self-checking:
- Bills must be passed by both houses
- Houses must originate revenue bills
- Neither house may adjourn for more than 3 days without the consent of the other house
- All journals are to be published
