OpenStax-CNX module: m37407
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Overview of Checks and Balances
∗
Shaun Martin
This work is produced by OpenStax-CNX and licensed under the
†
Creative Commons Attribution License 3.0
Abstract
This module explains how power in the U.S. Government is distributed and maintained so that not
one branch has more then another. This is called checks and balances and separation of powers
US Government
Idaho Standard 4: Civics and Government
Goal 4.2: Build an understanding of the organiza-
6-12.USH1.4.2.1 Explain how the executive, legisla-
tion and formation of the American system of gov-
tive, and judicial powers are distributed and shared
ernment.
among the three branches of national government.
(481.01a)
Table 1
Content Outline:
I. The Founding Fathers
A. Founding Fathers were the framers of the U.S constitution
B. They built a government that would not allow for one specic ruler or for power to be in one person's
hands such as the King of England.
1.
The King of England controlled the British Empire including the American Colonies, and as such
made decisions regarding taxes without the colonies vote in Parliament.
C. The Articles of Confederation showed the need for a more centralized (or national) government.
1. The Articles were directed towards the 13 colonies.
2.
The Articles did not call for a strong National Government but allow for power in the individual
states.
D. Fig 1 describes how the founding fathers created that much needed centralized government.
∗ Version
1.1: Apr 9, 2011 3:43 pm -0500
† http://creativecommons.org/licenses/by/3.0/
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Figure 1
Fig 1.
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II. Separation of Powers.
A. What does the word Government mean?
1. The body with the power to make and/or enforce laws for a country and who exercise authority.
B. 3 Branches of Government.
1. Each branch has its own responsibilities but work together to allow the country to run and adapt.
i. Their responsibilities are outlined in the Constitution.
2. All three parts of our federal government have their main headquarters in the city of
Washington D.C.
C. Three Branches
1. The Three Branches are: Executive, Judicial and Legislative
enforces the laws.
interprets the laws.
iii. Legislative Branch makes the laws.
i. Executive Branch
ii. Judicial Branch
2. The Executive Branch:
i. The
President of the United States administers the Executive Branch of our government.
ii . He enforces the laws that the Legislative Branch (Congress) makes.
iii . The President is elected by United States citizens, 18 years of age and older, who vote
in the presidential elections in their states. These votes are tallied by states and form the
Electoral College system. States have the number of electoral votes which equal the number
of senators and representatives they have. It is possible to have the most popular votes
throughout the nation and NOT win the electoral vote of the Electoral College.
3. The Judicial Branch:
1 Pearson, Amy. The Three Branches of Government. Available from http://www.seaford.k12.de.us/webdigs/images/govt.h2.jpg.
Internet; accessed 5 October 2008.
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i. The Judicial part of our federal government includes the Supreme Court and 9
Justices .
a . They are special judges who interpret laws according to the Constitution.
b . These justices only hear cases that pertain to issues related to the Constitution.
ii . They are the highest court in our country.
a . The federal judicial system also has lower courts located in each state to hear cases
involving federal issues.
4. The Legislative Branch:
i. The Legislative part of our government is called Congress.
a . Congress makes our laws.
b . Congress is divided into 2 parts.
(1) One part is called the Senate.
(a) There are 100 Senators 2 from each of our states.
(2) Another part is called the House of Representatives.
(a) Representatives meet
together to discuss ideas and decide if these ideas (bills) should become laws.
(b) There are 435 Representatives .
i) The number of representatives each state gets is determined by its population. Some
states have just 2 representatives. Others have as many as 40. Both senators and representatives are elected by the eligible voters in their states. 2
D. What are some examples of laws that each branch would enforce, interpret or make?
1. Executive examples could be civil laws that police agencies uphold.
2.
Judicial examples could be whether or not a Flag burning amendment is constitutional or not, or
reviewing cases such as Roe vs. Wade.
3. Legislative examples would be creating bills to help the economy.
E. What are some of the duties that each branch has?
1. Executive examples: oversee homeland security and education.
2. Judicial examples: sentencing and appeals.
3. Legislative examples: passing bills and declaring wars on other countries.
III. Checks and Balances.
A. Why is having 3 branches of Government important for America and its people?
1. By having 3 separate branches of Government, there is an assurance that citizens will not be ignored
and that all duties will be covered and completed.
B. A Government branch also has the power to check the powers of the other two branches in order to
maintain a balance among the three branches.
1. This is called Checks and Balances.
i. The system is closely compared to the Roman or French system that essentially dealt with multiple
branches within one central government.
ii. Each of these branches has certain powers, and each of these powers is limited, or checked, by another
branch.
3. Fig 2 shows how each Branch keeps the other Branches in check.
4. Legislative Branch:
i. Checks on the Executive
a. Impeachment power (House).
b. Trial of impeachments (Senate).
c. Selection of the President (House) and Vice President (Senate) in the case of no majority of electoral
votes.
d. May override Presidential vetoes.
e. Senate approves departmental appointments.
2 "Three
Branches of Government." Harry S. Truman Library and Museum.
Available
http://www.trumanlibrary.org/whistlestop/teacher_lessons/3branches/1.htm. Internet; accessed 5 October 2008.
http://cnx.org/content/m37407/1.1/
from
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f. Senate approves treaties and ambassadors.
g. Approval of replacement Vice President.
h. Power to declare war.
i. Power to enact taxes and allocate funds.
j. President must, from time-to-time, deliver a State of the Union address.
ii. Checks on the Judiciary
a. Senate approves federal judges.
b. Impeachment power (House).
c. Trial of impeachments (Senate).
d. Power to initiate constitutional amendments.
e. Power to set courts inferior to the Supreme Court.
f. Power to set jurisdiction of courts.
g. Power to alter the size of the Supreme Court.
iii. Checks on the Legislature - because it is bicameral, the Legislative branch has a degree of self-checking.
a. Bills must be passed by both houses of Congress.
b. House must originate revenue bills.
c. Neither house may adjourn for more than three days without the consent of the other house.
d. All journals are to be published.
5. Executive Branch:
i. Checks on the Legislature
a. Veto power
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.
b. Vice President is President of the Senate.
c. Commander in chief of the military.
d. Recess appointments.
e. Emergency calling into session of one or both houses of Congress.
f. May force adjournment when both houses cannot agree on adjournment.
g. Compensation cannot be diminished.
ii. Checks on the Judiciary
a. Power to appoint judges.
b. Pardon power.
iii. Checks on the Executive
a. Vice President and Cabinet can vote that the President is unable to discharge his duties.
6. Judicial Branch:
i. Checks on the Legislature
a. Judicial review.
b. Seats are held on good behavior.
c. Compensation cannot be diminished.
ii. Checks on the Executive
a. Judicial review.
b. Chief Justice sits as President of the Senate during presidential impeachment.
C. What would the country be like without the system of checks and balances?
1.
Consider the fact that if there were no checks and balances then each branch could become too
powerful and force their regime on its citizens.
3 http://www.usconstitution.net/pres_veto.html
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Figure 2
Fig 2.
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Power
Which Branch Has The Power?
Which Branch is checking
the other's power?(Could be
more than one)
continued on next page
4 "System of Checks and Balances in the U.S. Federal Government." Crossroads Area Home School Association. Available
from http://cahsa.info/sitebuildercontent/sitebuilderpictures/checkandbalance.jpg. Internet; accessed 5 October 2008.
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1) Create and pass legislation.
2) Veto bills.
3) Ratify treaties.
4) Appoint Federal judges.
5)
Impeachment
eral ocials.
of
fed-
6) Conrm the appointment
of presidential appointments.
7) Declare laws unconstitutional.
8) Override Presidential Vetoes.
9) Judges are appointed for
life.
10) Controls appropriations
of money.
Table 2
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