Separation of Powers and Court cases pt.4

Separation of powers

dividing governmental authority into three distinct branches: legislative, executive, and judicial made by Montesquieu

What does the legislative Branch (Article 1)?

Create, modify, and repeal laws. Having the authority to declare war. Confirming or rejecting presidential nominations for heads of federal agencies, federal judges, and the Supreme Court.

Who is the Legislative branch?

Senate and House of Representatives

What does the Executive Branch do (Article 2)?

enforcing and carrying out the laws passed by Congress.

Who is in the Executive branch?

President, Vice president, The Cabinet

What the Judicial branch does (Article 3)?

Interpreting the meaning of laws, Applying laws to individual cases, Deciding if laws violate the Constitution

Who is in the Judicial Branch

Supreme Court and other Courts

Checks and Balances

Each branch of government can change acts of the other branches if it a law is unconstitutional.

Tinker v Des Moines

decision: that students have the right to express themselves at school and anywhere else, even when they are protesting something like Vietnam War

Terms: 1st Amendment

Nixon v Washington Post / New York Times

Decision: That the government can not hide public files from national press companies before they know it would be a national security with Nixon’s pentagon papers of the Vietnam war.

Terms: First Amendment (Press), per curiam

per curiam

When a case is decided by everyone in the judge seat.

Roe V Wade \ Dobbs V Jackson

Decision: that making abortion illegal violated the 14th Amendment of Due Process and the right to privacy. However Dobbs V Jackson overruled this.

Terms: 14th Amendment (Due Process), Moot (if a case is meaningful enough to be argued)

Due Process (14th Amendment)

legal matters should be resolved fairly and in accordance with established Amendments.

Nixon V US

Decision: the president can’t be above judicial review when they are in court and can’t reject subpoena as a president.

Terms: Article 2 of the Constitution

subpoena

legal order telling a person to appear in court or provide documents or testimony in a legal proceeding