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Understanding Separation of Powers

Aug 26, 2024

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.