Separation of Powers and Checks and Balances

Introduction

• Topic: Foundational principles of American government.
• Goals:
  1. Explain the constitutional principles of separation of powers and checks and balances.
  2. Discuss the implications for the U.S. political system.

Separation of Powers

• Definition: Distribution of governmental authority across three branches.
• Purpose: Prevents any single branch from holding all power.
• Constitutional Basis: Established in the U.S. Constitution, contrasting with the unified power under the Articles of Confederation.

Branches of Government

1. Legislative Branch

   • Composed of the House of Representatives and the Senate (Congress).
   • Power: Propose and make laws (unique to this branch).

2. Executive Branch

   • Headed by the President and includes the bureaucracy.
   • Power: Execute and enforce laws.

3. Judicial Branch

   • Includes the Supreme Court and federal court system.
   • Power: Interpret laws and constitutionality.

Checks and Balances

• Concept: Each branch has powers to check the others, preventing dominance.

Examples of Checks

1. Legislative Checks

   • On Executive: "Advice and consent" of the Senate, power of impeachment.
   • Historical Context: Three presidents impeached (Andrew Johnson, Bill Clinton, Donald Trump), none removed.

2. Executive Checks

   • On Legislative: Presidential veto power.
   • Override Mechanism: Congress can override vetoes with a two-thirds vote.

3. Judicial Checks

   • Judicial Review: Courts can declare laws unconstitutional.

Purpose and Implications

• Federalist 51: Argument supporting separation of powers to prevent abuse.
  • Emphasizes independence and mutual checks of branches.
  • Warns against concentrating too much power in one branch.

Stakeholder Access

• Definition: Stakeholders have vested interests in policy outcomes.
• Access Points:
  1. Legislative: Lobbying, writing letters/emails.
  2. Executive: Complaints to bureaucratic agencies.
  3. Judicial: Legal challenges and appeals.

Conclusion

• Role of Citizens: Average citizens have mechanisms to influence government processes.
• Further Study: Encouragement to explore additional resources and become active stakeholders.