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Separation of Powers & Checks and Balances

Separation of Powers & Checks and Balances.

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Separation of Powers & Checks and Balances

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  1. Separation of Powers & Checks and Balances

  2. In order to lay a due foundation for that separate and distinct exercise of the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others • But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. • “But what is government itself but the greatest of all reflections on human nature…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 No. 51

  3.  Veto Power Executive  Appoints Judges  2/3 Required for Override  Can Refuse to Enforce Court’s Decisions  Treaties and Appointments  Commander in Chief  Impeachment requires 2/3 vote  Override a Veto  Approve Treaties/Nominees (Senate Only)  Appointed for Life  Judicial Review  Declares war Legislative  Can Impeach Judicial  Judicial Review • Approves Judicial Nominees (Senate only)  Can Reorganize the Court

  4. In-Depth…………….Judicial Rvw • What are the major limitations on the Court’s power of judicial review? • no power to enforce • appellate jurisdiction

  5. In-Depth…….Impeachment • Why did the Framers want impeachment to be difficult? • Johnson (1868) • Nixon (1973) • Clinton (1999) • Bush, 2007 • War funding debate

  6. In-Depth……….War Powers Act

  7. In-Depth……….War Powers Act • War Powers Act (1973) • Unless Congress gives an official DECLARATION OF WAR, or otherwise AUTHORIZES action, the president must … • Must Inform Congress within 48 hours • Stop Fighting in 60 days / Pull troops within 90 days • Authorization for the use of military force (Sept. 18, 2001)

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