Crash Course Government and Politics: Separation of Powers and Checks and Balances

Introduction

Lecturer: Craig
Topic: Fundamental concepts of American government - Separation of powers and checks and balances

Definition: Division of national government into three branches:
1. Legislative Branch
2. Executive Branch
3. Judicial Branch
Legislative Branch:
- Detailed in Article I of the Constitution
- Longest and most detailed article
- Main job: Make laws
- Secondary job: Blame assignment during failures (humorous note)
Executive Branch:
- Detailed in Article II Section I
- States "The executive power shall be vested in a President of the United States of America."
- Role: Execute laws, ensure government functions
- President is like the CEO of the US
- Power found in the Oath of Office
Judicial Branch:
- Detailed in Article III
- Shortest article (3 sections)
- Role: Interpret laws
- Includes Supreme Court and inferior courts as authorized by Congress

Definition: Each branch has the power to limit (check) the others, creating a balance between them
Legislative Checks:
- Concern: Prevent tyrannical president (Reference: King George III)
- Impeach and remove the President
- Senate can reject Presidential appointments (advice and consent)
- Investigate executive activities
- Override Presidential veto with 2/3 vote
- Refuse to pass laws or fund executive programs
- Impeach and remove judges
- Change court systems and jurisdiction
- Pass laws overriding Supreme Court decisions (if not based on Constitution)
- Propose Constitutional Amendments (e.g., 13th, 14th, 15th Amendments)
Executive Checks:
- Veto Congressional laws
- Call special sessions of Congress
- Implement laws contrary to Congressional intentions (rare)
- Vice President can break Senate ties
- Nominate Supreme Court justices and federal judges
- Pardon individuals convicted by courts
- Refuse to carry out court decisions
Judicial Checks:
- Declare laws unconstitutional
- Chief Justice presides over impeachment trials
- Declare executive actions unconstitutional
- Issue warrants in federal crime cases

Fear of a tyrannical central government harming citizens' rights
Separation and checks make harmful government actions more difficult
Explained in Federalist 51 by James Madison
- "...necessary constitutional means and personal motives to resist encroachments of the others..."
- Argued that government is a reflection of human nature, and safeguards are needed to control abuses