Structures and Functions of the US Government, Shaping the Constitution, Checks and Balances

Law and public policy

are created and implemented by three branches of government; each functions with its own set of powers and responsibilities.

Legislative

making law, conducting oversight investigations,instituting impeachment proceedings, approving treaties, passing resolutions

Executive

Signing or vetoing bills, Enforcing law, making rules and regulations, Proposing the federal budget, recognizing foreign nations, issuing executive orders

Judicial

Upholding or finding laws unconstitutional, issuing writs of certiorari, establishing judicial procedures, sentencing offenders, accepting amicus curiae briefs.

The U.S. Constitution addresses the interaction among the branches of government

with a system of checks and balances.

Checks and balances include Legislative on executive

veto override impeachment of civil officers, Senate approval of appointments and treaties, raise and govern military forces

Legislative Branch

• makes laws;

• declares war; and

• imposes taxes.

Executive Branch

• enforces the law;

• issues executive orders; and

• appoints and receives ambassadors.

Judicial Branch

• interprets the law;

• hears cases with original jurisdiction;

• hears appeals from lower courts.

Legislative Oversight (Informal Practices)

Congressional oversight includes the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. Usually takes the form of Committee Hearings

Checks and balances

constitutes a system for controlling government power. Under this principle, the branches of government possess the ability to restrain or stop certain actions of other branches.

formally amending

The processes for __________ ___________ the U.S. Constitution are outlined in the document. Constitutional amendments have added to, modified, replaced and/or voided provisions of the original document and previous amendments.

judicial review

The U.S. Supreme Court, in deciding cases brought before it, has frequently interpreted provisions of the U.S. Constitution to clarify and extend their meaning.

The Supreme Court has also declared actions of the branches and of the states to be unconstitutional.

creating legislation

The U.S. Congress, in______________ ______________, has provided details that build upon the framework of the Constitution. For example, the Civil Rights Act and Voting Rights Act have provided specific directions to promote constitutional principles and, in this case, the extension of minority rights.

Informal practices

______________ _____________ also have changed how constitutional government has been implemented in the United States. These practices are related to provisions in the Constitution, but venture into areas not specifically addressed in the Constitution. For example, legislative oversight of the executive branch grew in part out of Congress’ need for information to help draft new legislation

Legislative Branch checks the Executive Branch

Congress decides whether or not to confirm a judge appointed by the President to the Supreme Court

Legislative Branch checks the Judicial Branch

Congress moves to impeach a judge from the Supreme Court

Executive Branch checks the Legislative Branch

The President decides to veto a law that Congress has passed

Executive Branch checks the Judicial Branch

The President appoints a new judge to the Supreme Court

Judicial Branch checks the Legislative Branch

The Court declares acts of Congress to be unconstitutional

Judicial Branch checks the Executive Branch

The Court declares acts of the President unconstitutional

Judicial Branch checks the Legislative Branch

The Supreme Court can declare laws unconstitutional

Legislative Branch checks the Executive Branch

Congress impeaches the President for acting against the Constitution

Legislative Branch checks the Executive Branch

Congress votes to override a Presidential veto

Legislative Branch checks the Executive Branch

The President is the Commander in Chief but only Congress can declare war

Judicial Branch checks the Legislative Branch

Congress has the power to pass laws but the Courts can declare laws unconstitutional

Executive Branch checks the Legislative Branch

A bill is sent from Congress to the President in the final step of the law-making process. The President decides whether to sign the bill into law or to veto it.

Legislative Branch checks the Executive Branch

The President does not agree with a law that Congress has passed but they override his veto

Executive Branch checks the Judicial Branch

The President pardons someone convicted of a crime by the court.

Legislative Branch checks the Executive Branch

Congress approves of the President's choice for a new Secretary of State