Oct. 28, Impeachment/Checks and Balances/Federalism 1787

Checks and Balances

  • Each branch of government can limit the others.

  • Congress makes laws, but the President can veto them.

  • Congress can override a veto with a 2/3 vote.

  • Congress can also impeach and remove a president.

  • Supreme Court can declare laws or actions unconstitutional (judicial review).

Impeachment

  • To impeach = charge a government official with a crime.

  • House brings charges → Senate holds trial.

  • Grounds: treason, bribery, or other high crimes and misdemeanors.

Presidents actually impeached:

  1. Andrew Johnson – violated the Tenure of Office Act (not removed).

  2. Bill Clinton – perjury about an affair (not removed).

  3. Donald Trump – twice (not removed).

Presidents who should have been impeached (based on law):

  1. Andrew Jackson – ignored Supreme Court over Indian Removal.

  2. Martin Van Buren – continued Jackson’s removal policy.

  3. Richard Nixon – covered up Watergate (resigned first).

  4. Ronald Reagan – Iran-Contra scandal (sold arms illegally).

Judicial Branch

  • Supreme Court decides if laws/actions are constitutional.

  • Justices are appointed by the President, confirmed by the Senate.

  • Used to need 60 votes in the Senate (bipartisan), but rule changed to simple majority, making the Court more political.

Federalism

  • Power divided between national and state governments.

National powers:

  • Declare war, maintain military, regulate interstate trade, run post office.

State powers:

  • Schools, marriage laws, local policing.

Shared powers:

  • Taxes, law enforcement, courts, welfare.

Constitutional Flexibility

  • The “necessary and proper” (elastic) clause lets Congress pass laws needed for changing times.

Lead into the Great Compromise

  • Debate between large states (wanted representation by population) and small states (wanted equal votes).

  • Result: Two-house Congress — House (by population) and Senate (equal).