Checks and Balances (Government)

Legislative Branch Checks the Executive Branch

• Overrides a presidential veto with 2/3 vote in each house of congress

• Oversight hearings

• Can reduce/increase the budget proposed by president

• House of Representatives can impeach (accuse) the president

• Senate is the jury for the impeachment trial and convicts or acquits the president

• Senate ratifies treaties by 2/3 majority

• Senate approves presidential appointments by simple majority vote

Legislative Branch Checks the Judicial Branch

• Can change the number and jurisdiction of federal courts

• Sets lower federal court jurisdiction

• Can change the number of justices on the Supreme Court

• Senate approves federal judge appointees

• House of Representatives can impeach (accuse) a federal judge

• Senate is the jury for the impeachment trial and convicts or quits a federal judge

• Can initiate a constitutional amendment

• Executive Branch Checks the Legislative Branch

• Can veto a bill

• President can decide not to enforce a law

• Executive orders

• Executive agreements

• Bully pulpit (appealing directly to the people)

• Can convene congress (start a meeting)

Executive Branch Checks the Judicial Branch

• Appoints federal judge

• Can choose not to enforce a court decision

• Pardon power

Judicial Branch Checks the Legislative Branch

• Judicial review

Judicial Branch Checks the Executive Branch

• Judicial review

Bureaucratic Discretion

• Bureaucratic discretion is the power given to agencies by Congress to implement laws using their expert judgement

Bureaucratic Rulemaking

• Bureaucratic rule-making is the process by which agencies create the regulations necessary to carry out the laws that Congress makes. These regulations have the same effect as laws

• Executive Branch Checks on the Bureaucracy

• Appoint and remove agency heads (not all agency heads can be removed by President)

• Reorganize the bureaucracy (with congressional approval)

• Change an agency's budget

• Adjust policies that would alter the bureaucracy's activities

• Issue executive orders

• Legislative Branch Checks on the Bureaucracy

• Pass legislation that alters the bureaucracy's activities

• Abolish existing programs

• Reduce funding to bureaucracy

• Congressional oversight (hearings requiring bureaucrats to testify)

• Senate approves bureaucrat appointments

Judicial Branch Checks on the Bureaucracy

• Judicial review