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

Introduction

• Host: Craig
• Core concepts: Separation of Powers and Checks and Balances
• Theme: American Government fundamentals

Separation of Powers

Definition

• Division of national government into three branches:
  1. Legislative Branch
  2. Executive Branch
  3. Judicial Branch
• Based on the Constitution

Legislative Branch

• Article I of the Constitution
• Main job: Making laws
• Highlight: Longest and most detailed Article
• Additional role: Political blame game

Executive Branch

• Article II Section I
• Presidential powers defined in Oath of Office
• Role: Execute laws (CEO of the US)
• More than the President; includes the entire Executive machine

Judicial Branch

• Article III, shortest among the three
• Describes the Supreme Court and inferior courts created by Congress
• Job: Interpret the law
• Current courts differ from Constitution’s description
• Noted dependence on legislative structure

Checks and Balances

Introduction

• Purpose: To limit (check) and balance the power among the branches
• Complex term but critical for the functioning of government

Legislative Checks

• Possesses the most checks, detail in the Constitution
• On the Executive:
  • Impeach and remove the President (House impeaches, Senate removes)
  • Reject Presidential appointments (Advice and consent)
  • Investigate executive actions
  • Override Presidential veto with two-thirds majority in both houses
  • Control funding for executive programs
• On the Judiciary:
  • Impeach and remove judges
  • Reject judicial nominees
  • Modify federal court structure and jurisdiction
  • Pass new laws to override court decisions (not based on the Constitution)
  • Propose Constitutional amendments

Executive Checks

• On the Legislature:
  • Veto laws
  • Call special sessions of Congress
  • Execute laws contrary to legislative intent (rare)
  • Vice President breaks Senate ties
• On the Judiciary:
  • Nominate Supreme Court and federal judges
  • Pardon individuals convicted by the courts
  • Refuse to carry out court decisions

Judicial Checks

• On the Legislature:
  • Declare laws unconstitutional
  • Chief Justice presides over impeachment trials
• On the Executive:
  • Declare executive actions unconstitutional
  • Issue warrants in federal crime cases
  • Preside over impeachment trials (Senate)
  • Main check: Invalidate laws and executive actions

Rationale for Checks and Balances

• Fear of tyrannical central government (like British monarchy)
• Ensures protection of citizen rights and interests

Federalist Papers Insight (Federalist No. 51)

• James Madison's perspective:
  • Checks and balances necessary to prevent power concentration
  • Reflection on human nature and government’s abuses

Conclusion

• Emphasis on need for a balanced system to protect against potential government overreach
• Historical context within the framework of the U.S. Constitution

Credits

• Produced with PBS Digital Studios
• Supported by Voqual
• Team: Various contributors and supporters

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