4. Checks & Balances: Each branch subject to restraints imposed by others.

1. 4. Checks & Balances: Each branch subject to restraints imposed by others. • a. Congress over President. • 1) Congress creates agencies, departments in exec. • 2) Only Congress can appropriate $/raise funds. • 3) Congress can override exec. Veto (2/3 vote) • 4) Congress may impeach (HR) and remove (sen) • 5) Senate must approve all treaties • 6) Senate must approve appt. of judges, ambassadors, and cabinet.

2. 7) May audit exec. Agencies/programs. • 8) May investigate exec. Agencies and personnel. • 9) Congress sets pres. salary. • 10) Only cong. declares war. • 11) Only cong. can raise an army, navy and equip them. • 12) Only Cong. can determine if pres is fit to resume duties in case of disability. • 12) Congress can thwart pres. trade policies.

3. b.Checks by president over Congress • 1) Can veto Legislation (10 days) • 2) Can call special sessions after adjourned • 3) Can adjourn cong. if disagree when to end. • 4) Only pres can receive ambassadors/recognize foreign gov’t. • 5) Pres can recommend laws • 6) Pres has access to TV/Radio to directly appeal to Am. People.

4. 7) Pres can impound funds from Congress. • 8) Can sign exec. agreements w/ foreign leaders. • 9) Pres sets federal budget (informal) • 10) Power of patronage (appt ppl as favors) • 11) Pres. Can use prestige of office, popularity, charisma, head of pol. party. (informal)

5. c. Checks by Congress over Courts • 1) Can impeach judges • 2) Change # of justices on S.C. • 3) Can create inferior courts. • 4) Provides funding for cts. • 5) Set salaries for judges (can’t be lowered during their term) • 6) Refuse judicial appointments.

6. 7) Congress decides cts. jurisdiction. • 8) Congress decides what type of cases can be appealed. • 9) Can propose amendments to overrule judicial decisions. • 10) Can declare punishment for certain fed. crimes. • 11) Suspend writ of Habeas corpus during emergencies.

7. d. Checks by Pres. over Cts. • 1) Pres. appoints federal judges. • 2) Pres. Can grant pardons/reprieves • 3) Pres can refuse to enforce ct. decisions • 4) In emergencies, Pres can suspend habeas corpus.

8. e. Checks by cts. over Pres. • 1) After appointment, judges are free from President’s Control. • 2) Cts may declare exec. actions to be unconst. • 3) Cts may interpret pres. treaties • 4) Chief Justice presides at impeachment trial. • 5) Cts. can grant injunctions to prevent exec. action.

9. f. Checks by Cts. over Congress • 1) Cts. determine constitutionality of law (Judicial Review) • 2) Judicial salaries cannot be changed while judges are in office. • g. Checks & Balances Criticisms: Confusion, Delay, lack of direction, divided gov’t (gov’t shutdown over budget conflict

10. 5. Judicial Review: Power of cts. to determine constitutionality of action taken by Congress, President, and states. • a. Marbury v. Madison (1803): S.C. under John Marshal declared a law unconst. for first time. Law (Judiciary Act of 1789) was unconst. because Cong can’t give S.C. the power to issue a writ of mandamus as part of its original jurisdiction, it could only be done through a const. amendment.

11. 6) Limited Gov’t: powers of gov’t are limited. • a. Civilian Supremacy: limits on military power as a response to the King’s use of troops. • 1) Pres, a civilian, is commander-in-chief • 2) Only Congress can declare war, raise an army and fund it. • 3) The 3rd Amd. prohibits quartering of troops in the homes of private citizens (Bill of Rights)