Separation of Powers Constitution

Separation of Power Why? Why is separation of powers necessary?? Who needs to be protected?

Powers the Constitution

Power Types Expressed Actually written in the words of the US Constitution Mostly found in Article I & II “Congress can levy taxes” “President can negotiate treaties”

Power Types Implied Suggested by the expressed powers of the US Constitution A result of the elastic clause Congress deals with naturalization laws. Suggests they can limit immigration President is commander in chief Suggests he can use the army in natural disasters

Power Types Inherent Suggested by the fact that we are creating a “government” All governments have these powers Allowing people to immigrate Punish people for committing crimes

Power Types Delegated Given to the national government in the Constitution The same as expressed powers

Power Types Enumerated Given to the national government in the Constitution The same as expressed powers Think of these as “listed What’s in Article I, Section 8 – for Congress

Separation of Powers Constitution

Each branch is somewhat responsible to the people Separation of Powers Separation of Powers Separation of Powers Federal Government’s powers are split between three separate branches of government Different officials work in these branches and have different roles in policy Each branch is somewhat responsible to the people

Separation of Powers Separation of Powers Separation of Powers Derived from enlightenment and from British govt. Separation of legislature & executive important. Law-making & implementing are separate Branches must work together to accomplish policy goals Branches must monitor each other in the policy process

“Ambition must be made to counteract ambition” Separation of Powers Federalist 51 Federalist 51 “Ambition must be made to counteract ambition” Each branch will be full of people that want power – will protect what they have and try to gain more The branches will struggle for power with each other – resulting in a govt with more limited powers

Checks & Balances Constitution

Checks & Balances President Checks and Balances Each branch has powers that allow it to limit the power of the other two branches Each branch makes sure that the other branches stay within their constitutional role By limiting another branch, they ensure the strength and independence of their own branch

Checks & Balances Congress Congress Approves appointments Approves all judges Declares War Sets up/changes lower courts Ratifies treaties Impeaches judges Controls the budget Amends the Constitution Impeaches POTUS

Calls special sessions Checks & Balances President President Approves/Vetoes Law Appoints all judges Commander in Chief Pardons/amnesty Calls special sessions Commutations Adjourns Congress Approves budget

Checks & Balances Courts Courts Judicial Review Judicial Review

Checks in Congress Constitution

All policy must be passed by both houses of Congress Checks & Balances Congress House and Senate All policy must be passed by both houses of Congress Each house serves as a check on the other – one can reject the other’s bills They must consider what the other house will do and compromise when making policy

Checks & Balances Congress House of Reps Directly elected, 2 year terms, small districts Power of the Purse – they must start all revenue bills. They impeach the president House represents the people – more responsive to what people want

Checks & Balances Congress Senate Appointed by state legislatures, 6 year terms, entire states as constituencies Approve appointments – judges, Cabinet, bureaucracy heads, ambassadors They ratify treaties They hold impeachment trials They represent the states, are more experienced

Bigly Ideas Constitution

History Wrap Up Separation of Powers Checks & Balances Bicameral Checks Focus on these things: