Separations of power intro

What is separation of powers?

The division of government power among the legislative, executive, and judicial branches.

Why did the Framers create separation of powers?

To prevent any one branch of government from becoming too powerful.

What are the three branches of the federal government?

 Legislative, executive, and judicial.

What does the legislative branch do?

Makes laws.

What does the executive branch do?

Enforces laws.

What does the judicial branch do?

Interprets laws.

What is checks and balances?

A system in which each branch has powers that limit the other branches

How can the President check Congress?

By vetoing bills.

How can Congress check the President?

By overriding vetoes, controlling funding, and impeaching/removing officials.

How can the judicial branch check the other branches?

By declaring laws or executive actions unconstitutional.

Which article of the Constitution creates the legislative branch?

Article I.

Which article of the Constitution creates the executive branch?

Article II.

Which article of the Constitution creates the judicial branch?

Article III.

What is an executive order?

A directive from the President that manages operations of the executive branch.

Is an executive order the same as a law passed by Congress?

No, it is not passed by Congress.

Why are executive orders significant?

Because presidents can act quickly without waiting for Congress to pass a law.

What is one limit on executive orders?

Courts can rule them unconstitutional, and later presidents can reverse them

What was Executive Order 9066?

The order that allowed the military to exclude people from certain areas during World War II, leading to Japanese American internment.

Who was Fred Korematsu?

A Japanese American man who challenged the government’s exclusion order during World War II.

What happened in Korematsu v. United States?

The Supreme Court upheld Korematsu’s conviction for violating the exclusion order.

What did the government argue in Korematsu?

That the exclusion was necessary for national security during wartime.

 What did the Supreme Court decide in Korematsu?

The Court ruled that the exclusion order was constitutional under the wartime circumstances.

Why is Korematsu controversial?

Because it allowed the government to restrict rights based on race and ancestry.

What constitutional issue is central in Korematsu?

Whether the government can limit civil liberties in the name of national security.

 How does Korematsu connect to checks and balances?

It shows how the judicial branch can fail to effectively check executive power.

What civil liberties were affected by Japanese internment?

Freedom, due process, and equal protection principles.

Why is Korematsu important today?

It is a warning about how fear and war can lead to violations of constitutional rights.

 What does the Constitution aim to protect in times of crisis?

Individual rights and limits on government power.

What is the main lesson of Korematsu?

National security claims should be carefully questioned when civil liberties are at stake.

How does separation of powers help protect liberty?

By making it harder for one branch to act without restraint.

What is one example of Congress checking the judiciary?

 The Senate confirms federal judges and justices.

What is one example of the President checking the judiciary?

The President appoints federal judges.

 What is one example of the judiciary checking Congress?

The courts can strike down unconstitutional laws.

What is the difference between separation of powers and checks and balances?

Separation of powers divides power; checks and balances lets each branch limit the others.

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