1. Separation of Powers
Constitution

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

3. Powers the Constitution

4. 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”

5. 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

6. 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

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

8. 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

9. Separation of Powers
Constitution

10. 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

11. 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

12. “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

13. Checks & Balances
Constitution

14. 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

15. 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

16. 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

17. Checks & Balances
Courts
Courts
Judicial Review
Judicial Review

18. Checks in Congress
Constitution

19. 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

20. 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

21. 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

22. Bigly Ideas
Constitution

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