Separation of Powers and Checks and Balances

The Three Branches of Government

• Legislative Branch (Article I): Described in the longest and most detailed article of the Constitution, its primary function is to make laws.

• Executive Branch (Article II): Vested in the President of The United States of America. The branch is responsible for executing and carrying out laws. The President takes an oath to "preserve, protect, and defend the constitution of The United States."

• Judicial Branch (Article III): Composed of the Supreme Court and inferior courts established by Congress. Its role is to interpret the law and explain its meaning.

Checks and Balances: Legislative Powers

• Checks on the Executive:

  • The House of Representatives can impeach the President, and the Senate can remove the President with a $\frac{2}{3}$ vote.

  • The Senate exercises "advice and consent" by rejecting presidential appointments of judges and officials.

  • Congress can investigate executive activities and override a presidential veto with a $\frac{2}{3}$ vote in both houses.

  • Congress can refuse to pass requested laws or appropriate funds for executive programs.

• Checks on the Judicial:

  • Congress can impeach and remove judges and the Senate can reject judicial nominees.

  • Congress has the power to add or remove courts and change the jurisdiction of federal courts.

  • Congress can pass new laws to override Supreme Court decisions (if not based on the Constitution) or propose constitutional amendments, such as the 13th, 14th, and 15th amendments which overruled the Dred Scott decision.

Checks and Balances: Executive Powers

• Checks on the Legislative:

  • The President can veto laws passed by Congress.

  • The President can call Congress into special sessions.

  • The Vice President has the power to break tie votes in the Senate.

• Checks on the Judicial:

  • The President nominates Supreme Court justices and federal court judges.

  • The President can pardon individuals convicted by the courts, canceling their judgments.

  • The Executive can refuse to carry out court decisions.

Checks and Balances: Judicial Powers

• Check on the Legislative: The judiciary can declare laws unconstitutional. The Chief Justice also presides over impeachment trials in the Senate.

• Check on the Executive: The judiciary can declare executive acts unconstitutional, as seen in the case of Youngstown Sheet and Tube Company v. Sawyer. The courts also issue warrants in federal crime cases.

Theoretical Basis and Purpose

• Purpose: The framers utilized separation of powers and checks and balances to prevent the central government from becoming tyrannical and to protect citizens' rights.

• Federalist 51: Written by James Madison, this paper argues that government is a reflection of human nature. It justifies these safeguards as necessary to prevent the "gradual concentration of the several powers in the same department."

Questions & Discussion

• Question: Why do we have checks and balances in the first place?

• Answer: They were established because the framers were terrified of a tyrannical central government. By separating powers and allowing each branch to check the others, it becomes more difficult for the government to harm the rights and interests of its citizens.