Separation of Powers & Checks/Balances

What does the Legislative branch do?

Article 1, Makes Laws, Congress

What does the Executive branch do?

Article 2, Enforces Laws, President

What does the Judicial branch do?

Article 3, Interprets Laws, SCOTUS

L → E

May override a President’s veto

L → E

May impeach the president

L → E

May approve presidential appointments and treaties

L → E

Oversee the operations of various agencies in the executive branch

L → E

congress declares war even though the President is Commander in Chief

L → E

Congress may find discretion for the President to spell out policies and programs it has approved

L → E

Congress has the power to investigate any matter that falls within the scope of its law makng authority

L → J

may impeach federal judges

L → J

creates lower courts

L → J

Congress may or may not give money to carry out court decisions

L → J

Congress may grant immunity to people testifying on a committee

L → J

Provide for the organization and composition of the federal judiciary

L → J

Congress can propose an amendment overturning a court decision

E → L

May veto legislation

E → L

May call special sessions of Congress

E → L

The President submits his budget message to Congress

E → L

The President gives the State of the Union Address, telling Congress what he wants them to do

E → L

The President is Commander in Chief, Congress declares war

E → L

The chief executive has the power to issue executive orders, Congress has the ordinance power which issues executive orders

E → L

the President can make executive agreements without any congressional actions

E → J

Appoints federal judges

E → J

President can grant pardon (forgiveness for a crime) and amnesty (group pardon)

E → J

the President can grant reprieves (delay of punishment) and commutations (making the sentence lighter)

E → J

the President refuses to disclose certain information to the federal courts - Executive Privilege

J → L

May declare acts of Congress unconstitutional - Judicial Review

J → L

**Marbury v. Madison - established Judicial Review

J → L

Life term, free from, Legislative control

J → E

May declare executive acts unconstitutional - Judicial Review

J → E

Life term, free from executive control

J → E

**U.S. v. Nixon - RMN was ordered to turn over the tapes, thereby limiting executive privilege