The Separation of Powers Separation of Powers Why

The Separation of Powers

Separation of Powers- Why? *The framers of the constitution included the separation of powers for one primary reason: to prevent the majority from achieving absolute rule *To this end , three branches of government were created: Legislative Executive Judicial

The Branches *As part of this separation of powers, each of the three branches have “checks and balances” on the authority of the other two; the power of each branch is limited or”checked” by the other two so none gain too much power *The Legislative Branch is made up of Congress: the Senate and House of Representatives *The Executive Branch includes the President, Vice President, and Executive Departments

The Branches *The Judicial Branch is composed of the federal courts and the Supreme Court

What are the Checks and balances ? *The President appoints judges and department heads (secretaries), but these must be approved by the Senate *The Congress passes laws, but the president can veto it, which in turn can be overridden by the congress.

What are the Checks and Balances ? *The Supreme court can rule a law unconstitutional, and therefore invalid, however, the congress can amend (change) the constitution

Specific powers of each Branch *The executive veto power, appointment of judges, make treaties, pardon power ensure all laws are carried out President is Commander and Chief of Military *Checks: Legislative can override vetoes, refuse to confirm appointments, reject treaties, declare war, impeach the president, The Judicial can declare executive acts unconstitutional

Powers of each branch *Powers of the Legislative: pass all federal laws, establish all lower federal courts, override presidential veto, impeach the president *Checks: Executive can veto any bill, call Congress into session, Judicial declare laws unconstitutional

Powers of each branch *Judicial Powers: try federal cases, interpret laws, declare executive actions and laws unconstitutional *Checks Executive: appoints judges Legislative: can impeach judges, and approves presidential appointments, can amend constitution to overturn judicial decisions

Questions for discussion *Which branch is the most powerful ? *Is one branch more powerful than the others ? Explain. Give examples *Why did the framers believe a separation of powers was so important ?