Separation of Powers

Separation of Powers

• Separate power by function, making it less likely that their will be an abuse of power

1. Power distributed among the three branches

2. Checks and Balances

• Notion of human nature

• Congress makes the president behave and the president makes the congress behave. 

1. Within the branches

• Within each branch we have checks

2. Between the Branches

• Focus on this one the most

• The Senate checks the House and the House checks the Senate. 

• Legislative Branch: The House and the Senate can veto each other's bills. *The Senate confirms the president’s nominations. Congress can impeach judges and remove them from office. Congress approves presidential nominations and controls the budget. It can pass laws over the president’s veto and can impeach the president and remove him or her from office. They can impeach both the president and judges from the Supreme Court. 

• Executive Branch: The President and the Bureaucracy: contains all of the agencies that execute the laws. *The president nominates judges. The president can veto congressional legislation. 

• Judicial Branch: Congress decides how many justices on the Supreme Court. Congress sets the power of the Supreme Court. Hierarchical Check. * The Court can declare presidential acts unconstitutional. The Court can declare laws unconstitutional from Congress.