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i
OUR GOVERNMENT:
II
HOW I)OWER IS CHECKED
AND BAILANCED
II
I!
II
The power of the U.S. government is constitutionally divided among its legislative, executive, and judicial
branches. Congress makes the laws. The President approves or vetoes the laws. The Supreme Court has
primary responsibility for determining the constitutionality
of the laws. In addition, each branch has
ways to check the other two, if they abuse their power. The chart below outlines how it works.
Directions: Read the first two rows carefully. Then figure out-and
the Supreme Court.
BRANCH OF
GOVERNMENT
I
LEGISLATURE
(U.S. Congress)
I,
EXECUTIVE
(President)
fill in-the
(Supreme
Court)
about
HOW OTHER
BRANCHES CHECK ITS
"POWER
CHIEF POWERS
OF THIS BRANCH
OTHER BRANCHES
-To lay and collect taxes, to
borrow and coin money
-To regulate commerce
-To declare war
eTo raise and support an
army and navy
-To admit new states
eTo approve treaties (Sen.)
eTo approve
Presidential
appointments
(Sen.)
eTa impeach and try the
President and other officials
-To make laws
-Can override a Presidential
veto with a 2/3 vote
-Can deny funds for Presidential programs
-Can refuse to approve Presidential appointments
-Can reorganize
federal
courts
-Can impeach and remove
federal officials
-Cen propose amendment
to override Court decision
on a law
=President
can veto acts
passed by Congress
"President can call a special
session of Congress
"Supreme Court can declare
Acts of Congress unconstiutional
- 0 see that u.s.
enforced
-To serve as commander-inchief of the armed forces
-To make treaties
-To appoint Justices, other
judges, and ambassadors
-To represent the U.S. as its
head of state
-Can v
passed by
Congress
-Can call a special session of
Congress
-Can appoint judges and
Justices
-Can
pardon
a person
judged guilty in a federal
court
-Congress
can override
President's
veto with 2/3
vote
=Conqress can deny funds
for President's programs
-Senate can refuse to approve a treaty
-Senate can refuse to confirm Presidential nominee
=Supreme Court can interpret treaties
-Suprerne Court can declare
a Presidential action unconsti tiona I
HOW IT CHECKS
~~~
JUDICIARY
missing information
-T
r appeals in all cases
related to the Constitution
and federal laws and treaties
-To hear and decide all cases
related
to U.S. consuls,
ambassadors, etc.
-To hear and decide cases
between states
I
'1
1
I
I
y Legislature
Check on Executive
Check by Executive
-To decide cases under federal criminal and civil laws
and between citizens of different states
·
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-----
---
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1 ..UP
r.•. ,
Bame
Based upon what you just read about how the system of checks and balances works, indicate on the triangle below the powers each of the departments has over the other two.
Some may be powers that check more than one branch. If so, indicate by placing the
power on both lines .
•....-,--------·---Legislative·-~--·--F
-
&"_I!JIII
_
Jo1&iU&ll!UildlWa;&
a. Can propose amendments to overrule judicial decisions
b. Can propose bills and call special sessions of the Congress
c. Can refuse to accept judicial appointments
d. Can declare laws unconstitutional
e. Can impeach and remove a President from office
f. Can grant pardons and reprieves
g. Can appoint all federal judges to office
h. Can override a presidential veto
i. Can refuse to ratify foreign treaties
l- Can refuse to approve of presidential appointments
k. Has the power of veto
I. Can declare executive acts unconstitutional
m. Can impeach and remove tederal judges
n. As party leader, he can influence members of his party in Congress
o. Prepares the nation's annual budget
(
Harne
THE CHECXS OF FOWER
In each of the following situations, decide who has the power to "check" the wrong that
is being committed.
1. The President is charged with being responsible for a break-in at the opposing
party's headquarters.
2. Congress and the President approve a law that would prevent certain. minorities
from receiving tax exemptions which others are entitled to receive.
3. A young man convicted by the courts of being responsible for the deaths of
thousands "during a wartime situation" has appealed his prison sentence to the
Supreme Court. The court denied the motion to reverse the decision. There is a
great deal of public support on his behalf.
4. A federal judge has been accused of "accepting large donations of stock certificates" from companies which have received some rather favorable rulings from
him in the past.
~-----------------------------------5. Becauseone party has an overwhelming majority in both houses, the majority party
has decided to pass "mass legislation" to help the party goals.
6. The President is tired of the hundreds of bills that have crossed his desk for action
during the past two years. He decides in a moment of rage that he will "veto all bills
... regardless of their nature ... in the future."
7. The President makes a treaty with the Soviet Union in which the United States
defense expenditures for the coming year are cut in half.
8. Three days before Congress is scheduled to adjourn, its members decide to deluge
the President with huge numbers of "approved legislation" in the hope that he will
hastily sign them into law without careful consideration.
9. The Supreme Court, which has been "Ieaning far too much toward the liberal" for
the likes of the President, loses two of its members ... one by death and the other
through retirement.
10. There is an associatejustice serving on the Supreme Court who is 88 years old. He is
seldom able to attend sessionsof the court because of illness; and when he is there,
he seems to have lost that "razor-sharp" edge that earned him a spot on this high
court so many years ago. In fact he is fast becoming senileI
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