Checks and Balances

presidential appointments

the power of the president to nominate persons to fill positions in the federal government (cabinet officers, judges, US marshals, US attorneys, ambassadors)

Amendment Process

step 1: amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states. THEN amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states THEN the new amendment!

presidential budget powers

the President of the United States submits a budget request to Congress

Senate Confirmation

the approval, by two-thirds of the senators present, of a presidential nominee.

Impeachment Process

1. House passes articles of impeachment by the majority of executive official or judge 2. Senate tries and 2/3 vote to convict

Propose amendments

2/3 of Congress can vote to propose changes to the Constitution to override Judicial branch decisions

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Veto

Chief executive's power to reject a bill passed by a legislature

lower courts

Congress can creates lower federal courts such as district and court of appeals levels

Congressional investigation

Congressional committee hearings on alleged misdeeds or scandals

create courts and judgeships

Legislative Branch

Seperation of Powers

Dividing the powers of government among the executive, legislative, and judicial branches

Scenario: Congress has proposed a bill that says the Ku Klux Klan cannot hold demonstrations in public. Which branch can check/stop this bill from passing into law?

Executive branch

Scenario: The Chief Supreme Court Justice sends Mr. Spiegel to federal prison. On the way to prison, your teacher stops an assassination plot against the president. Which branch can check/stop the Supreme Court and get your teacher out of jail?

Executive branch

Congressional Oversight

a committee's investigation of the executive and of government agencies to ensure they are acting as Congress intends

Scenario: Congress has overridden the presidential veto and passed the ban on KKK demonstrations into law. Now, which branch can check/stop this law? Why would they check/stop this law?

Judicial branch

Scenario: Members of Congress have passed a law that bans the use of firearms by all Americans except for police and military personnel. Which branch can check/stop this law from being passed? Why would they check/stop this law?

Judicial or Executive branch

Scenario: A Supreme Court Justice has robbed a convenience store and went on a high-speed chase with the police. He is unfit to perform his job as Supreme Court Justice. Which branch can impeach and remove him?

Legislative branch

Scenario: The president is pretty upset that his Samsung smartphone arrived broken, so he wants to declare war on South Korea. Which branch can check/stop him?

Legislative branch

Presidential Pardon

Power of the executive branch to forgive a person of a crime and prevent the person from being re-tried.

Veto/Override (2/3)

Power to go over the Executive Branch's power over the legislative branch. Requires the super majority.

Treaty making process

Secretary of State authorizes negotiation. U.S. representatives negotiate. Agree on terms, and upon authorization of Secretary of State, sign treaty. President submits treaty to Senate. Senate Foreign Relations Committee considers treaty and reports to Senate. Senate considers and approves by 2/3 majority. President proclaims entry into force.

Scenario: The president wants to nominate his 13-year old niece to be a Supreme Court Justice. Which branch can check/stop him?

Senate

judicial independence

The belief and ability of judges to decide cases as they think appropriate, regardless of what other people, and especially politically powerful officials or institutions, desire since they serve for life.

Declaration of War

The power of Congress to vote to go to war with another country

Appointment Power

The power of the President & Senate to appoint important government officers (federal judges, agency directors, etc.). President nominates candidate, which then must be confirmed by a simple majority in the Senate (check on President's power).

Judicial Review

The power of the courts to declare laws unconstitutional

Special Secession

The president can call a meeting of Congress to deal with some emergency situation

Budget

a plan by Congress on government's revenues and spending for the coming year. Needs to be approved by the President (or veto overridden)

Executive Order

a rule or order issued by the president to an executive branch of the government and having the force of law. The US Supreme Court can declare executive orders unconstitutional

Senate tie-breaking vote

Vice-President's only constitutional role to break a tied vote which can act as a check on the Senate.