U.S. Government: Key Concepts in Checks, Powers, and Court Cases

Checks and balances

A system that ensures no branch of government becomes too powerful, promoting accountability, transparency, and citizen trust in government.

Separation of powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Qualifications to Become President

Must be at least 35 years old, a natural-born U.S. citizen, and have lived in the U.S. for at least 14 years.

Term Limits

Set by the 22nd Amendment, limiting the President to a maximum of two four-year terms (or up to 10 years if serving part of another's term).

Domestic Powers of the President

Includes enforcing laws passed by Congress, issuing executive orders, appointing federal judges, ambassadors, and Cabinet members, preparing the national budget, and granting pardons, reprieves, and commutations.

Foreign Powers of the President

Includes being the Commander-in-Chief of the Armed Forces, negotiating treaties (with Senate approval), recognizing foreign nations and ambassadors, and directing foreign policy.

Role of the President

Includes being the Chief Executive, Commander-in-Chief, Chief Diplomat, Chief Legislator, Chief of State, Economic Leader, and Party Leader.

Chief Executive

The role of the President in enforcing laws and managing the executive branch.

Commander-in-Chief

The role of the President as the leader of the military.

Chief Diplomat

The role of the President in directing foreign policy.

Chief Legislator

The role of the President in influencing laws and the legislative agenda.

Chief of State

The role of the President as a symbol of national unity.

Economic Leader

The role of the President in planning the budget and addressing economic issues.

Party Leader

The role of the President in leading their political party.

Role of the Vice President

Includes presiding over the Senate, breaking ties, succeeding the President if needed, and assisting in diplomatic and policy roles.

Presidential Cabinet

A group of executive department heads who advise the President, including positions like Secretary of State, Defense, Treasury, Education, etc.

Federal Bureaucracy

The complex organization that carries out government policy

Executive Orders

Legally binding orders from the President that direct federal agencies

Checks and Balances on Executive Power

Congress can override vetoes, impeach the President, approve appointments/treaties; Judicial Branch can declare executive actions unconstitutional

Qualifications to Become Senator

Age: 30+ years; Citizenship: U.S. citizen for 9 years; Residency: Must live in the state they represent

Terms, Sessions, Compensation, Benefits for Senators

6-year terms; staggered elections (⅓ elected every 2 years); Salary: about $174,000/year, plus benefits and staff allowances

Qualifications to Become Representative

Age: 25+ years; Citizenship: U.S. citizen for 7 years; Residency: Must live in the state/district represented

Terms, Sessions, Compensation, Benefits for Representatives

2-year terms; all seats up for election every two years; Same compensation structure as Senators

Bicameral Legislature

Congress is two chambers: Senate (100 members; equal representation) and House of Representatives (435 members; population-based)

Gerrymandering

Drawing district boundaries to favor one political party; Types: "Packing" (grouping opposition) or "Cracking" (splitting opposition voters)

Filibuster

Senate tactic to delay or block a vote by extending debate; Can be ended with cloture (⅗ or 60 votes)

Redistricting & Reapportionment

Reapportionment: Reassigning House seats every 10 years after the Census; Redistricting: Redrawing district lines to match new seat allocations

Expressed Powers

Powers explicitly listed in the Constitution (Article I, Section 8); Examples: Taxing, declaring war, regulating commerce, coining money

Necessary and Proper Clause

Allows Congress to create laws not explicitly listed if needed to execute its powers; Basis for implied powers

Investigative/Impeachment Power

Investigative: Can hold hearings on government actions; Impeachment: House accuses; Senate holds trial (⅔ vote to convict)

Oversight Committees

Monitor executive agencies to ensure laws are carried out properly; Example: House Oversight Committee

Making Laws / Forms of Legislation

Bill → Committee → Debate → Vote → Presidential Approval or Veto; Joint resolutions and concurrent resolutions are other legislative tools

Judicial Review

Established in Marbury v. Madison (1803); Courts can declare laws or executive actions unconstitutional

Supreme Court

Highest court in the U.S.; Final authority on constitutional issues

Chief Justice

Presides over the Supreme Court; sets agenda and opinion writing assignments; Current (2025): John Roberts

Associate Justices

8 justices who deliberate and vote with the Chief Justice; Serve for life (unless they retire or are impeached)

Inferior Courts

Lower federal courts created by Congress: District Courts (trial level) and Court of Appeals (appellate level)

Role of Judges and Courts

Interpret laws, protect rights, and settle disputes

Appointment of Federal Judges

President nominates, Senate confirms; Serve for life to ensure judicial independence

Jurisdiction for Federal Courts

Original jurisdiction: First to hear a case; Appellate jurisdiction: Reviews lower court decisions; Exclusive jurisdiction: Only federal courts can hear (e.g., treaties, ambassadors)

Landmark Supreme Court Cases

Marbury v. Madison (1803): Established judicial review; Brown v. Board of Education (1954): Ended racial segregation in schools; Roe v. Wade (1973): Recognized right to privacy in abortion decisions; U.S. v. Nixon (1974): Limited presidential privilege; Miranda v. Arizona (1966): Required Miranda rights during arrest; Tinker v. Des Moines (1969): Protected student free speech