Separation of Power and Checks and Balances Balancing Act SS.7.C.1.7 Describe how the Constitution limits the powers of government through separation of powers and checks and balances. Separation of Power and Checks and Balances

Review: Limited Government & Magna Carta This was the first example of limited government. A limited government tells the government what they cannot do. The purpose of a limited government is to protect the rights of the people. Review with students that the concept of limited government was first found in Magna Carta. Provide the definition of limited government and explain the purpose of limited government (provided on the slide).

Constitutional Government The Constitution served to place limits on the government and its officials. This would create a “constitutional government”. Government The U.S. Constitution serves to limit the government in a constitutional government structure. The fence around the government symbolizes the United States Constitution’s limits placed on the government. The U.S. Constitution By: The People

M Review: Enlighten Me Separation of powers What Enlightenment idea would help limit power and ensure that no one person or group could become too powerful? M Legislative Executive Judicial Separation of powers Review Montesquieu’s concept of separation of power and remind students about the “M” for Montesquieu image.

Separation of Power and Checks & Balances Montesquieu argued that in order to keep a government from becoming too powerful: Power must be separated Power must be checked Power must be balanced POWER POWER POWER POWER Review the idea of checks and balances as it relates to the separation of powers. POWER POWER POWER FLREA Copyright 2012

How Did the Constitution Separate Power? The Constitution has different sections: Preamble Articles Amendments (or, changes that have been made and/or additions to the Constitution) The Articles are where we will see power separated, checked, and balanced. This slide provides an outline of the general structure of the U.S. Constitution in order to emphasize that the separation of power can be found in the articles of the Constitution.

Interpret and apply the law Power Separated The Constitution creates a constitutional government with three separate branches, each with separate powers: The U.S. Constitution Legislative Executive Judicial Article I Make the law Article II Enforce the Law Article III Interpret and apply the law Our constitutional government is divided into three branches, each with separate powers: the legislative branch makes the law, the executive branch executes, or carries out, the law, and the judicial branch interprets and applies the law. This division of powers prevents any one part of government from becoming too powerful. Ask students what would happen if all of the power was in one branch of government. Would it be easy to abuse your power? Answer: yes, because there is no one to make you responsible (hold you accountable) to the laws you are making, enforcing, and interpreting. By separating power, the Constitution prevents any one part of government from becoming too powerful.

Checks and Balances

Checks and Balances Just because the powers are separated, does not mean that they have no influence over each other. Checks and balances: Allow the different branches to check in on each other; And balance each other’s power. These checks and balances are outlined in Articles I-III of the Constitution. Emphasize the concepts that separation of power does not mean they completely stand alone. What makes our system of separation of powers work is checks and balances – the ability of one branch to check the power of another branch and provide a balance for that power.

Distinguishing Concepts Separation of Power Checks and Balances How the units of government check in on each other and balance the power For example: Make laws Veto, or not approve, laws Rule that a law is unconstitutional How power is separated into units in a government For example: Legislative Branch Executive Branch Judicial Branch Here, we see the concepts distinguished. Where the separation of power is how power is divided into branches, checks and balances is how those branches interact.

Click the photo below to view Flocabulary’s Checks and Balances video

In addition to those powers, each branch would be given certain “checks” they could do on the other branches of government. For example: Here is an example of checks and balances in action: Executive Branch – Enforces the law The President has the power to veto bills proposed by Congress. Legislative Branch – Makes the law Judicial Branch – Interprets and applies the law This is another example of how checks and balances work. Legislative branch can pass a bill over the President’s veto with enough votes; may also re-word proposed bill and reintroduce The Supreme Court has the power of judicial review allowing them to declare acts of Congress or orders of the President unconstitutional.

What constitutional concept is this quote referencing: Which is Which? The accumulation of all powers, legislative, executive, and judiciary…may justly be pronounced the very definition of tyranny. James Madison, Federalist 47 What constitutional concept is this quote referencing: This slide will help reinforce the difference between the two concepts. Again explain that separation of power is how power is divided into branches and checks and balances is about how those branches interact. Separation of powers Checks & balances

Checking for Understanding

Scavenger Hunt! Extension Activity Using your copy of the U.S. Constitution, look in Articles I, II, and III to find an example of checks and balances. Extension Activity Scavenger Hunt!