MODULE 3 Branches of Government

Essence of a Presidential Form of Government

  • Adoption of the principle of separation of powers

  • Implementation of a system of checks and balances

    • (Ayson & Reyes, 2000; Heywood, 2002; Ranney, 2003)

/The presidential system divides government powers among branches that watch over each other to keep everything fair and balanced

Separation of Powers

  • Division of government responsibilities into distinct branches

  • Prevents any one branch from exercising the core functions of another

  • Intent:

    • Prevent concentration of power

    • Provide checks and balances

/Separation of powers divides government duties to stop any one group from having too much control.

Checks and Balances

  • Ensures that no single branch has too much power over the other branches

LEGISLATIVE BRANCH CHECKS & BALANCES

On the Judicial Branch:

  • Senate approves justices

  • House can impeach justices

  • Senate tries impeached justices

  • Congress can create amendments

  • Congress can set jurisdiction for courts

  • Congress can alter the size of the Supreme Court

On the Executive Branch:

  • House can impeach a President

  • Senate tries an impeached President

  • If no electoral majority:

    • House chooses the President

    • Senate chooses the Vice President

  • Congress can override a Presidential veto (2/3 vote in House & Senate)

  • Senate approves departmental appointments, treaties, and ambassadors

  • Congress must approve replacements to the Vice President

  • Congress declares war

  • Congress can tax

  • The President is required to deliver the State of the Nation Address (SONA)

On Each Other (Senate & House of Representatives):

  • Bills must be passed by both houses before becoming law

  • Revenue bills must start in the House

  • Consent from the other house needed before adjourning for more than 3 days

  • All journals of official business from each house must be published

JUDICIAL BRANCH CHECKS & BALANCES

On the Legislative Branch:

  • Compensation cannot be decreased

  • Judicial seats held on good behavior

  • Judicial Review

On the Executive Branch:

  • Judicial Review

  • During impeachment trials, the Chief Justice serves as President of the Senate

EXECUTIVE BRANCH CHECKS & BALANCES

On the Legislative Branch:

  • President can veto bills

  • Vice President is the President of the Senate

  • President is Commander in Chief of the military

  • President can call the House & Senate into emergency sessions

  • If houses cannot agree on adjournment, President can force it to happen

On the Judicial Branch:

  • President can appoint justices

  • President has pardon power