1 Checks and Balances Judiciary ExecutiveLegislative Separation of Powers

2 Rationale The US Constitution is the foundation of American Government, and the concepts of Separation of Powers and Checks and Balances are fundamental to the Constitution’s approach to functional democracy. A working understanding these two ideas is essential to understanding government functions at all level in the United States and to future content material in this class.

3 Objectives Define key terms relating to Separation of Powers and Checks and Balances. Give examples of how Checks and Balances restrain actions and lead to compromise solutions. Break down the principle of Checks and Balances by demonstrating similar behaviors in other types of situations. Identify group constituents, functions, interests. Understand the building consensus by compromise. Assess and provide a written answer the study sheet question,“Are Checks and Balances still needed today” 12th Grade Students will:

4 Background Feared strong government, but Articles of Confederation weren’t working –taxation, money, commerce, protection More centralized power was needed Keep within the control of the people –often meant control of the state governments What To Do ? Constitutional Convention

5 States would have to give up power, but… –they would limit the power surrendered –they would tightly control powers they gave Must keep government under control Must protect the interests and rights of some against tyranny of the majority How do you do it?

6 The Answer What happens to Old Computer Hackers? Send a thief to catch a thief

7 The Answer Separation of Powers –different organizations perform each basic functions Checks and Balances –Use each group to watch and control the others “ Ambition must be made to counteract ambition ” James Madison

8 Parliament Courts King ParliamentCourts King Original Evolving British Model

9 LegislativeJudiciary Executive CONGRESS SUPREME COURT PRESIDENT US Government Branches

10 State Powers CongressCourts President Separation of Powers Federalism Split powers between central governments and states Congress State Powers Congress Courts President

11 State Powers Separation of powers Independent Organizations Congress Courts President Congress Courts President

12 State Powers Separation of powers Separate Functions Courts President Congress Senate House Congress

13 Separation of Powers Summary 1. States retain powers not specifically given 2. Separate the judiciary, executive, and legislature 3. Make judiciary independent 4. Split the legislature into two houses –d–different constituents

14 Checks and Balances Summary Each branch of US Government has some responsibility for performing the functions of other branches Branches are interdependent and must work together and reach consensus to accomplish their separate responsibilities

15 General Responsibilities Congress Passes Laws President Executes Laws Court Interprets Laws but….….

16 Checks and Balances Proposes legislation, President can veto law, President executes laws, PresidentCongress Congress defines and passes law but.. Congress can override veto but.. Congress funds operations And finally…. The Supreme Court can rule it all unconstitutional

17 Separation of powers Federal Budget Congress Senate President House Congress Senate President House

18 Impact of Checks and Balances Government Operations Slow to act Inefficient due to duplication of effort Consensus requires compromise Slower to change Consensus needs Time and Motivation Expen$ive

19 Impact of Checks and Balances Political Influences Separation of powers fosters wide range of views “Where you stand depends on where you sit” Checks and Balances increases influence of minority opinions “I’ll scratch your back if….” Checks and Balances causes noisy conflict, but keeps it political Noise can create unrealistic expectations

20 Impact of Checks and Balances Political Influences Separation of Powers, coupled with Checks and Balances create the environment of American Democracy Political Parties Lobby Groups Talk Shows