Checks and Balances and the Division of Power Notes

Checks and Balances and the Division of Power

The Balance of Power: Checks and Balances

  • The framers of the Constitution established a system of checks and balances to prevent concentration of power.
    • This system ensures that the powers of government are divided among three branches:
    • Legislative Branch (Congress)
    • Executive Branch (President)
    • Judicial Branch (Supreme Court)
  • Checks represent specific duties granted to each branch that allow them to restrain actions of the other branches.
    • For example:
    • Congress passes laws, but the President can veto a law if disagreed.
  • This system prevents any single branch from gaining excessive power over the others.

Legislative Branch

  • Congress, made up of the House of Representatives and the Senate, is responsible for making laws.
  • For a bill to become a law:
    • It must receive a majority vote in both the House and Senate.
    • If either does not ratify it, the bill dies.
  • Members of Congress (Representatives and Senators) are elected from various regions.

State Powers and Differences

  • States have their own laws distinct from federal laws.
  • For example, tax policies vary:
    • Wyoming has many items exempt from sales tax.
    • Utah has a state sales tax of 4.85% on most goods (excluding local government sales tax).
  • Notable interesting laws from some states:
    • Tennessee: Illegal to bring a skunk into the state.
    • Arkansas: Mispronunciation of "Arkansas" is discouraged.
    • Utah: Cannot ride a bike without holding onto the handlebars.

Reserved Rights for States

  • States have the authority to:
    • Issue licenses
    • Regulate intrastate businesses
    • Ratify Constitutional amendments
    • Establish local governments
    • Take measures for public health and safety (includes state militia)
    • Retain any powers not specifically allocated to the national government or denied by the Constitution.

Division of Power Between Federal and State Governments

  • The federal government only possesses powers expressly granted by the Constitution.
  • All remaining powers belong to the states and the people.
  • The Tenth Amendment emphasizes this division:
    • "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Shared Powers

  • Both the federal and state governments share certain powers, including:
    • Collecting taxes
    • Building roads
    • Borrowing money
    • Establishing courts
    • Enacting and enforcing laws
    • Chartering banks and corporations
    • Spending for general welfare
    • Taking private property for public use (with just compensation)

Structure of State Government

  • Each state has a similar structure to the federal government:
    • Executive Branch: Headed by a Governor (instead of a President)
    • Legislative Branch: Composed of a state legislature
    • Judicial Branch: Headed by a state supreme court
  • States have their own constitutions and laws, which can vary greatly.

Checks and Balances Details (Table 1.1)

  • Balances:

    • The President enforces laws.
    • The House and Senate write laws.
    • The Supreme Court interprets laws.

  • Checks:

    • Congress (House and Senate) can impeach the President.
    • Congress can override presidential vetoes.
    • The President can veto bills from Congress.
    • The Supreme Court can declare laws unconstitutional.
    • The President appoints judges to the Supreme Court.
    • The House and Senate approve presidential appointments to the Supreme Court.
    • Congress can impeach Supreme Court justices.

Executive Powers of the President

  • The President:
    • Signs or vetoes bills from the legislative branch.
    • Recommends new legislation.
    • Directs national defense and foreign policy.
  • A bill can become law despite a veto if a two-thirds majority in both the House and Senate approves it.
  • The President serves a four-year term.

Judicial Powers of the Supreme Court

  • The Supreme Court:
    • Heads the judicial branch.
    • Interprets the Constitution and reviews laws.
    • Resolves cases pertaining to states' rights.
  • Example: In 1954, ruled that "separate but equal" laws were unconstitutional, impacting public school segregation.