Heimler's AP Gov 1.6

AP Gov – Separation of Powers & Checks and Balances

Separation of Powers

  • Principle: Power is divided among three branches → no one branch holds all authority.

  • Legislative Branch (Congress: House + Senate) → makes laws.

  • Executive Branch (President + bureaucracy) → enforces laws.

  • Judicial Branch (Supreme Court + federal courts) → interprets laws & constitutionality.

Checks and Balances

Legislative Checking Powers

  • Advice and Consent (Senate approves presidential appointments: cabinet, SCOTUS).

  • Impeachment (House impeaches, Senate holds trial).

  • Override presidential veto with 2/3 vote.

Executive Checking Powers

  • Veto legislation (Art. II, Sec. 7).

  • Executes laws (decides how to enforce).

  • Commander-in-Chief of military.

Judicial Checking Powers

  • Judicial Review → power to declare laws unconstitutional (Marbury v. Madison, 1803).

  • Ensures Congress and President act within the Constitution.

Why This System?

  • Federalist 51 (Madison):

    • Separation + checks prevent abuse of power.

    • Each branch must be independent but able to restrain the others.

    • Chief danger: too much power concentrated in one branch.

    • System is intentionally slow to protect liberty.

Stakeholder Access Points

  • Legislative:

    • Interest groups → lobby Congress.

    • Citizens → letters, emails, petitions.

  • Executive:

    • Citizens file complaints with executive agencies.

    • Bureaucratic agencies provide public access.

  • Judicial:

    • Citizens can challenge laws in court.

    • Appeals process allows review of wrongful convictions or unjust laws.

Key Takeaways

  • Separation of powers = distribution of authority across three branches.

  • Checks and balances = inter-branch restraints to prevent tyranny.

  • Framers prioritized liberty & stability over speed/efficiency.

  • Stakeholders (the people) retain multiple access points in the system.