1. Checks and Balances

4. What are “Checks and Balances”?
Checks and Balances are the system that our Government uses in order to make sure that nobody gets too much power.

5. Why do “Checks and Balances” matter?
Countries without Checks and Balances:
North Korea
Syria
Iran
Russia
Many of these countries pretend to have checks and balances, but in reality power is held by a small group or even just one person.

6. Why do “Checks and Balances” matter?
Countries without Checks and Balances:
North Korea
Syria
Iran
Russia
Many of these countries pretend to have checks and balances, but in reality power is held by a small group or even just one person.

7. Why do “Checks and Balances” matter?
Countries without Checks and Balances:
North Korea
Syria
Iran
Russia
Many of these countries pretend to have checks and balances, but in reality power is held by a small group or even just one person.

8. Why do “Checks and Balances” matter?
Countries without Checks and Balances:
North Korea
Syria
Iran
Russia
Many of these countries pretend to have checks and balances, but in reality power is held by a small group or even just one person.

9. Separation of Powers comes from The Enlightenment
Checks and Balances are based on the idea of “Separation of Powers” and is found in the Constitution of the United States
Separation of Powers comes from The Enlightenment
Talked about mostly by Montesquieu
Wrote into the Constitution by James Madison (4th President / founding father)

12. Here is how the Judicial Branch “checks” the other two branches
The Federal Court system can declare the actions of the Executive Branch (The President) as “Unconstitutional”
The Federal Court system can declare laws passed by the Legislative Branch (Congress) as “Unconstitutional”
This is called Judicial Review (Declaring things “Constitutional or Unconstitutional”

13. What’s happening today?
On Jan. 27th President Trump signed an Executive Order banning people from entering the U.S. who were coming from: Syria, Libya, Iraq, Iran, Somalia, Sudan, Yemen
On Jan 28th Judge Ann M. Donnelly of Federal District Court in Brooklyn blocked part of the ban that ordered detained travelers arriving in the United States be deported back to where their flight came from. (The complaint filed in district court included an Iranian scientist coming to a job in Massachusetts, and a family of refugees of the civil war in Syria, who were trying to get to relatives in Ohio)
On Feb 3rd Judge James Robart of Federal District Court in Washington State issued a nationwide restraining order (against the President!) This allows for travel to resume from these 7 countries
Judge Robart stated that the ban violated the freedom of religion clause in the 1st amendment as President Trump had written that Christians would still be able to get to the U.S. from those countries Just not Muslims

14. Feb 4th The Trump Administration files an emergency appeal with the 9th circuit court of appeals and is denied. The court tells them to prepare oral arguments for a later date
Feb 7th The 9th circuit court of appeals listens to arguments from The Trump Administration and the state of Washington
Feb 9th The 9th circuit court of appeals affirms the decision of the District Court Judge and refuses to block the restraining order
This effectively ends the ban as it is written
At the time of the decision there were already 20 lawsuits against the ban pending
President Trump vows to “rewrite” the ban

15. 9th Circuit Court of Appeals
U.S. Supreme Court
9th Circuit Court of Appeals
District Court West Washington State
2nd Circuit Court of Appeals
District Court Eastern New York

16. Imagine that you are President Trump
Imagine that you are President Trump. How would you write the executive order for the travel ban in order to make it “constitutional”?
Do you think their should be a ban placed on the seven countries listed in President Trump’s Executive Order? Why or why not?
Do you think that the 5 judges upheld the Constitution in their rulings? Why or why not?
What are the two ways that the Judicial Branch “Checks and Balances” the other two branches of government?
What is it called when the Judicial Branch “Checks and Balances” the other two branches of government?

18. Executive Branch Checks and Balances
Why do we have a president?
The Founding Fathers were not very confident about the idea of having a President, but they knew that they wanted three branches of government and
They needed a leader to represent the country to the rest of the world
They needed somebody to command the army

19. Over time the Presidency has grown in power in order to deal with new and larger problems
Remember when we talked about The Great Depression and how it was a time when the Govt. gained more power than ever before? Yeah, most of that power went to the President and the Executive Branch
We relaxed “Limited government” after the Great Depression

20. After the Great Depression people wanted the government to be responsible for public well being

21. So how does the Executive Branch “Check and Balance” the Legislative Branch?
The President can appoint:
Foreign Ambassadors (People who spend all their time in foreign countries keeping up “good relations” with other leaders and people)
Federal Officials (Members of the Cabinet and the EOP)
All these appointments must be confirmed or rejected by Congress

22. The President can negotiate Foreign Treaties
Set the “Terms” for a Treaty
But Cannot sign it without Congress’ approval

23. The President can call “Special Sessions” of Congress
This means that the President can force the members of Congress (House and Senate) to come to the Capital Building for a big meeting, even on their days off
This happens if something really important is going on Like a terrorist attack

24. The President can propose a budget and send it to Congress
“Here’s how much money we have, and here is how I think we should spend it”
Congress ultimately has to approve it though

25. The President can Veto laws passed by Congress
Veto = To strike down / stop / “just say no” / prevent / etc…

26. How does the Executive Branch “Check and Balance” the Judicial Branch?
Only two ways
Appointed Judges to the Federal Courts (Supreme Court, Court of Appeals, and District Courts)
Pardoning criminals (Getting them “off the hook”)
Except in cases of Impeachment

27. Executive Checks and Balances against the Legislative:
1) Appoints Federal Officials
2) Negotiates Treaties
3) Call Special Sessions of Congress
4) Proposes a budget
5) Vetoes laws passed by Congress
Executive Checks and Balances against the Judicial:
Appoints Federal Judges
Pardons people for crimes (Except Impeachment)

28. How does the Legislative Branch “Check and Balance” the Executive Branch
Congress can Confirm or Reject the Presidents appointments (to the Cabinet or the EOP)

29. Congress can ratify treaties (Ratify = confirm, approve, etc
Congress can ratify treaties (Ratify = confirm, approve, etc.) The President negotiates the treaty, but Congress must approve it Most famous Treaty ever rejected by Congress The Treaty of Versailles (WWI) Negotiated by Pres. Woodrow Wilson

30. Congress is the only branch that approves “revenue bills”
Revenue bills = Any bill that helps the government get money (taxes)
Trump’s Wall will need to be paid for somehow. Trump has ideas how to do that, but only congress can approve any of those payment plans.

31. Congress can declare war
The President has to ask for a “Declaration of War” if he wants to fight another country, and only Congress can give permission for that.
FDR Pearl Harbor Address

32. Congress can Impeach the President of the United States
The House votes whether or not to Impeach
The Senate runs the impeachment hearing
Only two President’s have ever been impeached
Andrew Johnson (17) – Lincoln’s V.P.
Bill Clinton (42)

33. Andrew Johnson was not removed from office
Bill Clinton was not removed from office
President Richard Nixon (37)
Was never Impeached, but resigned from office
He knew was going to be kicked out anyway
Only President to ever resign

34. Congress can Override a Veto
It requires a 2/3 vote in the House and Senate to do it
Very difficult to do
Congress overrides a veto roughly 10% of the time

35. How does the Legislative Branch check the Judicial Branch
Congress must approve all Federal Judges appointments (Supreme Court, Courts of Appeals, District Courts)
Current Supreme Court Nominee = Neil Gorsuch
The Hearing for Gorsuch hasn’t started yet

36. Congress can impeach federal judges
Only Supreme Court Justice to ever be impeached was Samuel Chase
Chase was removed for allowing his politics to influence his decision making

37. Congress can pass Amendments to the Constitution
2/3 vote in the House and Senate
3/4vote of all 50 States
Once the Constitution has been changed there is nothing the courts can do about it.