Separation of Powers and Checks and Balances, Crash Course 8:30

Introduction

  • Presenter: Craig

  • Focus: Two fundamental concepts of American government that are often confused:

    • Separation of powers

    • Checks and balances

Separation of Powers

  • Definition: The division of the national government into three distinct branches:

    • Legislative Branch

    • Executive Branch

    • Judicial Branch

  • Order according to the Constitution:

    • Legislative (Article I) - the most important branch and the longest in detail among the seven articles.

    • Executive (Article II) - shorter and less detailed.

    • Judicial (Article III) - shortest description of the three branches.

Legislative Branch

  • Main Responsibility: Making laws.

  • Secondary Responsibility: Oversight, often handling blame for government issues.

Executive Branch

  • Defined by Article II, Section I:

    • "The executive power shall be vested in a President of the United States of America."

  • Role of the Executive: Responsible for executing and enforcing laws, similar to a CEO overseeing government operations.

  • Presidential Oath of Office:

    • "I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Judicial Branch

  • Role: Interprets laws and explains their meaning.

  • Article III - Description:

    • "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."

  • Note: Allows Congress to establish additional courts.

Checks and Balances

  • Definition: A system that allows each branch of government to limit the powers of the other branches to prevent any one branch from becoming too powerful.

  • Explanation:

    • Each branch has checks on the others, creating a balance of power.

Legislative Branch Checks on the Executive

  • Concern by the Framers: Preventing tyranny similar to that of King George III.

  • Mechanisms of Oversight:

    • The House of Representatives can impeach the President.

    • The Senate can remove the President from office with a two-thirds majority.

    • Senate's power to reject presidential appointments of judges and officials (advice and consent).

    • Both houses can investigate executive activities and officials.

    • Congressional override of presidential veto requires a two-thirds vote in both houses.

    • Congress can refuse to pass laws sought by the executive.

    • Congress can deny funds for executive programs.

Legislative Branch Checks on the Judicial Branch

  • Checks available include:

    • Impeaching and removing judges.

    • Rejecting judicial nominees.

    • Altering the federal court system (adding or removing courts).

    • Changing the jurisdiction of federal courts.

    • Passing new laws that can override Supreme Court decisions (not based on the Constitution).

    • Proposing Amendments to the Constitution to counteract Supreme Court decisions, such as the Dred Scott decision with the 13th, 14th, and 15th Amendments.

Executive Branch Checks on the Legislative Branch

  • Powers include:

    • Vetoing laws passed by Congress.

    • Calling Congress into special sessions (limited power to enforce action).

    • Executing laws, sometimes in ways contrary to Congressional intent.

    • Vice President’s role in breaking Senate tie votes.

    • Nominating Supreme Court justices and federal judges.

    • Granting pardons to individuals convicted by the courts.

    • Potentially refusing to execute court decisions.

Judicial Branch Checks

  • Considered the weakest branch, primarily due to reliance on the other branches:

    • Can declare laws unconstitutional.

    • Chief Justice presides over impeachment trials in the Senate.

    • Declares executive actions unconstitutional (e.g., Youngstown Sheet and Tube Company vs. Sawyer).

    • Issues warrants in federal crime cases.

    • Presides over impeachment trials.

    • Main power is to invalidate laws and executive actions.

Importance of Checks and Balances

  • Purpose: Protect citizens’ rights and interests by making government actions more difficult, preventing abuse of power.

  • Historical Context: Framers aimed to prevent tyranny, reflecting their experiences under British rule.

  • Federalist Papers Reference:

    • James Madison in Federalist 51:

    • Emphasized that checks and balances prevent concentration of power in one department.

    • Illustrated concerns about human nature and potential government abuse.

    • Quote from Federalist 51:

    • "But the great security against a gradual concentration of the several powers in same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others."

Closing Thoughts

  • Acknowledgment of the Framers’ fallibility, illustrating that while the Constitution is designed to protect against tyranny, human nature requires vigilance and responsibility.

Additional Notes

  • Acknowledge the production team of Crash Course and supporting organizations like Voqual which promotes social equity through technology and media.

  • Show appreciation for the audience’s attention.