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

Introduction

• Explanation of two fundamental concepts in American government: Separation of Powers and Checks and Balances.

Separation of Powers

• Definition: The division of the national government into three branches:
  • Legislative Branch
    • Established by Article I of the Constitution.
    • Main job: Make laws.
    • Secondary role: Blame shifting ("No, it's your fault!").
  • Executive Branch
    • Defined in Article II.
    • Led by the President (CEO of the US).
    • Main job: Execute and enforce laws.
    • Presidential power is mentioned in the Oath of Office.
  • Judicial Branch
    • Described in Article III.
    • Main job: Interpret the law.
    • Composed of the Supreme Court and lower courts established by Congress.

Checks and Balances

• Purpose: To ensure no single branch becomes too powerful by allowing each to check the others.

• Legislative Checks:

  • Can impeach and remove the President.
  • Senate can reject Presidential appointments.
  • Investigate executive activities.
  • Override Presidential vetoes with a two-thirds vote.
  • Control funding for executive programs.
  • Impeach judges.
  • Change the federal court system and jurisdiction.
  • Propose constitutional amendments (e.g., to override Supreme Court decisions).

• Executive Checks:

  • Veto Congressional laws.
  • Call Congress into special sessions.
  • Influence law execution.
  • Vice President breaks Senate ties.
  • Nominates Supreme Court justices and federal judges.
  • Can pardon convicts.
  • Refuse to carry out court decisions.

• Judicial Checks:

  • Declare laws and executive actions unconstitutional.
  • Chief Justice presides over impeachment trials.
  • Issue warrants in federal cases.
  • Overrule laws through court decisions (e.g., Youngstown Sheet and Tube Co. vs. Sawyer).

Why Checks and Balances?

• Concern: Framers feared a tyrannical government could arise.
• Federalist 51: James Madison explains checks and balances to protect against the concentration of power.
  • Importance of constitutional means and personal motives to resist encroachments.
  • Reflects on human nature's tendency to abuse power.

Conclusion

• Checks and balances are designed to protect citizens by making harmful government actions more difficult.
• Encouragement to consider the necessity of checks and balances in government.

Additional Notes

• Produced by Crash Course in association with PBS Digital Studios.
• Support from Voqual, a non-profit advancing social equity through technology and media.