Separation of Powers & Checks and Balances “In framing a government which is to be administered by men over men, the great difficulty lies in this: you.

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Presentation transcript:

Separation of Powers & Checks and Balances “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed, and in the next place oblige it to control itself” James Madison, Federalist #51

Veto Power 2/3 Required for Override Treaties and Appointments Commander in Chief Appoints Judges Rely on Executive branch to enforce decisions Appointed for Life Judicial Review Approves Judicial Nominees (Senate only) Override a Veto Approve Treaties (2/3) & Confirms Nominees (Senate Only)Confirms Nominees Declares war Can Impeach Executive Legislative Judicial Impeachment requires 2/3 vote

JUDICIAL REVIEW What are the limitations on the Court’s power of judicial review?  no power to enforce  appellate jurisdiction

CASE STUDIES Checks & Balances

WAR POWERS Can a President take military action without a declaration of war from Congress?

WAR POWERS War Powers Act (1973) Must Inform Congress within 48 hours Unless Congress gives an official declaration of war or specifically authorizes the president to take action, the president must …  Stop Fighting in 60 days / pull troops out in 90 days  Authorization for the use of military force (Sept. 18, 2001) Authorization for the use of military force  Libya, 2011 … AUMF 2015 Libya, 2011AUMF 2015 RESOURCES Obama’s War Illegal (SL Tribune) president-obama-authority-illegalhttp:// president-obama-authority-illegal

IMPEACHMENT PROCESS Impeachment House Simple Majority Trial Senate Removal = 2/3rds vote  Unlikely to use as a political weapon IN DEPTH The Impeachment Process (House.gov) Development/Impeachment/

IMPEACHMENT Why did the Framers make impeachment of a president difficult? Johnson (1868) Nixon (1973) Clinton (1999) Bush, 2007 Impeached……… Removed + x  Escaped removal by 1 vote x  Resigned + x  Impeached for perjury Articles of impeachment were introduced into the House but did not go very far Presidents:

Impeachment Criteria Upon what grounds can a President be impeached? Article II, Section 4, Par 1  Treason  Bribery  High Crimes & Misdemeanors