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Separation of Powers and Checks

Sep 3, 2025

Overview

This lecture covers the foundational principles of separation of powers and checks and balances in American government, and their effects on the U.S. political system, including how citizens interact with each branch.

Separation of Powers

  • Separation of powers divides government authority among legislative, executive, and judicial branches.
  • The legislative branch (Congress: House and Senate) creates and passes laws.
  • The executive branch (President and bureaucracy) enforces and executes laws.
  • The judicial branch (Supreme Court and federal courts) interprets laws and determines constitutionality.
  • Each branch is granted unique powers and cannot perform the main functions of the others.

Checks and Balances

  • Checks and balances allow each branch to limit the powers of the others.
  • Congress checks the President by confirming appointments and having impeachment power.
  • The President checks Congress through the veto power (rejecting laws).
  • Congress can override a presidential veto with a two-thirds vote.
  • The judiciary checks both other branches by declaring laws unconstitutional (judicial review).

Rationale and Implications

  • Federalist 51 argues that separation of powers and checks and balances prevent abuse of power by any one branch.
  • Each branch must operate independently but also check others to maintain balance.
  • Although this system slows government action, it protects against tyranny through division and mutual oversight.

Stakeholder Access Points

  • Stakeholders are individuals or groups affected by government policy.
  • In the legislative branch, citizens and interest groups can lobby or contact representatives.
  • In the executive branch, citizens can influence bureaucratic agencies by filing complaints or providing input.
  • In the judicial branch, stakeholders can challenge laws and appeal decisions in court.
  • The system provides multiple avenues for public participation in governance.

Key Terms & Definitions

  • Separation of Powers — The division of government responsibilities into distinct branches to prevent concentration of power.
  • Checks and Balances — A system where each government branch can limit or check the powers of the others.
  • Impeachment — The process by which Congress can remove a president for misconduct.
  • Veto — The president’s power to reject a bill passed by Congress.
  • Judicial Review — The courts’ power to declare laws unconstitutional.
  • Stakeholder — Any person or group with an interest in government decisions.

Action Items / Next Steps

  • Review Federalist 51 for exam preparation.
  • Understand how citizens can access and influence each government branch.
  • Study the roles of each branch and examples of checks and balances for assessment.