Separation of Powers
Review the chart here. It outlines for you the responsibilites of each branch of the government and the system of checks and balances that each branch has on the others. You will be studying these branches in detail in later units of this course.
Legislative Branch |
Executive Branch |
Judicial Branch |
Voters |
Voters |
President appoints,
Senate confirms |
House of Representatives
(2-year term) |
Senate
(6-year term) |
President
(4-year term, 2 term limit) |
Judges
(Life term) |
Powers of Congress
- Passes all federal law
- Establishes lower federal courts and the number of judges
- Can impeach and remove the president
- Can override the president's veto by a two-thirds vote
- Passes the federal budget, which finances the executive branch and other government institutions
- Approves treaties
- Approves presidential appointments, including those to the federal court
Checks and Balances on Congressional Powers
- Both houses of Congress must veto to enact a law, thereby checking power within the legislature
- President can veto legislation
- Supreme Court can rule federal state laws unconstitutional
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Powers of the Chief Executive
- Carries out the laws passed by Congress
- Can approve or veto acts of Congress
- Can Call Congress into special session
- Can submit legislation to Congress
- Nominates Supreme Court and federal judges
- Can pardon people convicted in federal courts or grant reprieves
- Executes court orders
- Makes foreign treaties
- Serves as commander in chief of armed forces
Checks and Balances on Executive Power
- Congress can
- override vetoes of legislation by a two-thirds vote
- impeach and remove president (with chief justice of Supreme Court presiding)
- declare war
- Senate can refuse to confirm nominees or ratify treaties
- Supreme Court can declare presidential acts unconstitutional
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Powers of the Judiciary
- Can invalidate, on grounds of unconstitutionality, laws passed by Congress
- Can invalidate executive branch orders or actions on grounds of unconstitutionality or absence of authorizing legislation
Checks and Balances on Judicial Powers
- Congress can
- change number and jurisdiction (authority to hear cases) of federal courts
- impeach and remove federal judges
- propose constitutional amendments to override Supreme Court decisions
- President appoints federal judges (who must be confirmed by the Senate)
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