Checks and Balances

Checks and Balances The Main Idea The Constitution prevents any person, or any part of the government, from taking too much power. It does this by creating three separate branches of the federal government and distributing power among them. Why does the Constitution provide for the separation of powers? What are the main responsibilities of each of the three branches of government? How does the system of checks and balances work?

Responsibilities of the Branches Each level of government is broken up into three parts. Legislative (Makes the Law) Executive (Carries out the Law) Judicial (Interprets the Law) Each branch has specific powers given to it. To keep each branch from getting too powerful, Checks (restraints or limits) are used by the other branches.

What are Checks and Balances? Each branch has powers no other branch can assume. Each branch has powers that limit the powers of the other branches. The constitution prevents any of the three branches of the U.S. government from getting too powerful by giving them checks and powers. Checks - restraints or control over other branches. Powers – Specific powers one branch has that another does not. No branch is too strong No branch is too weak 4

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Powers Legislative Branch Make Laws Can override presidential veto with a two-thirds majority in each house of congress. Approves appointments of federal court judges. In 2005, Harriet Miers was nominated to the U.S. Supreme Court by President Bush. Congress did not approve. 7

U.S. Supreme Court Building Checks on Legislative Powers President can veto bills. The Supreme Court can rule that a law is unconstitutional. U.S. Supreme Court Building 8

Executive Branch Powers Can approve or veto laws Carries out the laws Appoints federal court judges Commander and Chief of military 9

Checks on Executive Powers Congress can override presidential veto with a two-thirds majority in each house. Congress can impeach and remove the president for high crimes and misdemeanors. Senate approves or denies the president’s appointments to federal courts. Andrew Johnson and Bill Clinton have been the only two presidents who have ever been impeached. However, they were not removed from office. 10

Judicial Branch Powers Interprets the meaning of law Can rule that laws passed by Congress or action taken by the executive branch as unconstitutional 11

Checks on Judicial Powers Congress or the states can propose an amendment to the Constitution to make a law constitutional. Senate can refuse to approve appointments to the federal courts. Congress can impeach and remove a federal judge from office. Supreme Court Justice Clarence Thomas was almost refused appointment by the Senate because of sexual harassment allegations. 12

Question: Why does the Constitution provide for the separation of powers? Executive to ensure that no one branch of the U.S. government becomes too powerful Legislative Judicial

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