legislative, executive + judicial powers

5 objectives of constitutions

1. specify a geographical distribution of power (either unitary or federalist)

2. create institutions of government + define their powers

3. specify procedures + processes of government (incl relationships between leg, exec + judicial

4. outline the relationship between government and citizen (rights)

5. contain a mechanism for its alteration

the legislative power

the power to make statutes

executive power

the power to carry out laws by developing policy + implementing statute

judicial power

the power to adjudicate + make legally binding decisions about rights + obligations through the interpretation of statute + common law

the legislative branch (USA)

outlined in Article 1

who

congress → consisting of the HoR + Senate

both directly chosen by the people in Congressional election that occur every 2 years (Senate 1/3 @ a time)

powers

both houses are = in power but Senate cannot initiate $ bills

limitations

limited by the Cx as sovereignty is shared between 50 states

lawmaking powers are specified + enumerated in the Cx

the Supreme Court can rule statute uncxal → invalidate the law

both houses must agree to pass a bill

elections

the executive branch (USA)

outlined in Article 2

who

the President, Vice President + Cabinet of Secretaries (appointed by and accountable to the President + confirmed by Congress but not accountable to them)

power vested in the President + VP

decided in Presidential elections that occur every 4 years

the president acts as Head of State + Government

powers

leader of the nation’s armed forces (can deploy military personnel but not declare war)

has the power to reject Congress legislation but can be overturned with a 2/3 majority in both chambers

nominates federal officials such as cabinet members, ambassadors + SCJs

can grant pardons or reduce sentences of those convicted of federal crimes

limits

cannot make laws alone

Congress:

• controls all federal spending

• can override veto power

• has to affirm all presidential appointments

• can impeach the President for “Treason, Bribery, or other High Crimes and Misdemeanours”

the SC can strike down executive action deemed unconstitutional

states can challenge the executive in court

President is only in office for 4 years and can only run for office twice

judicial branch (USA)

outlined in Article 3

who

the Supreme Court

• the most powerful court in the US legal system

• final court of appeal

• justices are appointed by the President + confirmed by the Senate

any other federal courts created by the federal government

powers

interprets the cx

strikes down uncxal laws

adjudicate presidential powers

limitations

congress can impeach judges for misconduct

amendments made by Congress to laws that have been struck down override judicial decision

strengths

judges granted tenure to ensure they are not pressured/influenced by the other 2 arms