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    what is the purpose of checks and balances in the constitution? they would keep any one branch from having too much power. they would give the president power over matters related to money. they would allow states to have equal power with the federal government. they would give federalists and anti-federalists equal power.

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    get what is the purpose of checks and balances in the constitution? they would keep any one branch from having too much power. they would give the president power over matters related to money. they would allow states to have equal power with the federal government. they would give federalists and anti-federalists equal power. from EN Bilgi.

    Separation of Powers

    Separation of Powers

    Separation of Powers Primary tabs

    Separation of Powers

    The term “Separation of Powers” was coined by the 18th century philosopher Montesquieu. Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another. Typically, this system divides the government into three branches: the Legislative Branch, the Executive Branch, and the Judicial Branch. The United States federal government and forty states divide their governments into these three branches.

    In the federal government, Article 1 of the United States Constitution establishes the Legislative Branch, which consists of Congress. Congress, in addition to other enumerated responsibilities, is responsible for creating laws. As a general rule, the nondelegation doctrine prohibits the Legislative Branch from delegating its lawmaking responsibilities. Congress can, however, provide agencies with regulatory guidelines if it provides them with an “intelligible principle” to base their regulations on. For more information on the Legislative Branch, refer to “Congress.”

    Article 2 of the United States Constitution establishes the Executive Branch, which consists of the President. The President approves and carries out the laws created by the Legislative Branch. For more information on the Executive Branch, refer to “Executive Branch.”

    Article 3 of the United States Constitution establishes the Judicial Branch, which consists of the United States Supreme Court. The Judicial Branch interprets the laws passed by the Legislative Branch. For more information on the Judicial Branch, refer to “Judiciary.”

    Separation of Powers in the United States is associated with the Checks and Balances system. The Checks and Balances system provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses: the Senate and the House of Representatives, and can override a Presidential veto with a 2/3 vote in both houses.

    The Checks and Balances System also provides the branches with some power to appoint or remove members from the other branches. Congress can impeach and convict the president for high crimes, like treason or bribery. The House of Representatives has the power to bring impeachment charges against the President; the Senate has the power to convict and remove the President from office. In addition, Supreme Court candidates are appointed by the President and are confirmed by the Senate. Judges can be removed from office by impeachment in the House of Representatives and conviction in the Senate. In this way, the system provides a measure, in addition to invalidating laws, for each branch to check the others.

    Source : www.law.cornell.edu

    The United States Constitution

    I.  THE UNITED STATES CONSTITUTION

    A.  The Functions of the Constitution

    The United States Constitution is an amazing document.  A bold experiment in democracy more than 200 years ago, it has proved both stable and flexible enough to survive and remain effective in a world totally different from the one in which it was written.

    The Constitution has three main functions.  First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches.  Second, it divides power between the federal government and the states.  And third, it protects various individual liberties of American citizens.

    The Constitution’s framework owes much to the history that led to its drafting.  The limitations placed on the federal government and each of its branches were a reaction to the tyranny of British rule, and especially the tyranny of the single monarch.  Yet the breadth of the national government’s powers were a correction to the weak government of the Articles of Confederation (the short lived system before the present constitution), that had proved incapable of forging the thirteen original states into one nation.

    1.  Separation of Powers

    The Government of the United States, the federal government, is divided into three branches:  the executive power, invested in the President, the legislative power, given to Congress (the House of Representatives and the Senate), and the judicial power, vested in one Supreme Court and other federal courts created by Congress.  The Constitution provides a system of checks and balances designed to avoid the tyranny of any one branch.

    Most important actions require the participation of more than once branch of government.  For example, Congress passes laws, but the President can veto them.  The executive branch prosecutes persons for criminal violations, but they must be tried by the courts.  The President appoints federal judges, but their appointment must be confirmed by the Senate.

    2.  Division of Federal and State Power

    Another important function of the Constitution is to divide power between the national government and the state governments.  This division of authority is referred to as “federalism.”  The federal government is very strong, with much power over the states, but at the same time, it is limited to the powers enumerated in the Constitution.  Powers not delegated to the federal government, nor prohibited to the states are reserved to the states or to the people.  Although the powers of the federal government are limited to those enumerated in the Constitution, those enumerated powers have been interpreted very broadly.  And under the supremacy clause of the Constitution, federal law is supreme over state law.   State or local laws that conflict with the Constitution or federal statutory law are preempted.

    The Constitution also limits the powers of the states in relation to one another.  Because the United States Congress has been given the power to regulate interstate commerce, the states are limited in their ability to regulate or tax such commerce between them.  Under the Constitution’s privileges and immunities Clause, states are prohibited from discriminating in many ways against citizens of other states.

    3.  Protection of Personal Liberty

    The third  main purpose of the Constitution is to protect the personal liberty of citizens from intrusions by the government.  A few of these protections are found in the main body of the Constitution itself.  For example, Article I, sections 9 and 10 prohibits both laws, which punish conduct that was not illegal at the time it was performed, and bills of attainder which single out individuals or groups for punishment..

    Most Constitutional protections for individual rights are contained in the Bill of Rights, which constitute the first ten amendments to the Constitution.  These amendments were adopted shortly after the adoption of the Constitution itself, in response to state concerns about the Constitution’s lack of protections for individual rights.  The protections of these amendments were originally interpreted to apply only against the federal government, but the Supreme Court has since ruled that most of them were made applicable to the states by passage of the Fourteenth Amendment due process clause after the Civil War.  The Fourteenth Amendment also contains the equal protection clause, which protects citizens from discrimination by the states on the basis of race, sex and other characteristics.

    4.  Permanent Protections of a Constitution

    In a democracy without a written constitution, such as the United Kingdom, the legislature may pass laws granting or taking away any rights, or even changing the structure of the government itself.  A Constitution is more difficult to alter, and the framers of the American Constitution made it especially difficult to amend.  An amendment must first pass both houses of Congress by a two-thirds majority and must then be ratified by the legislatures of three-fourths of the states. In a sense, this makes the Constitution an anti-majoritarian document.

    By binding the hands of future generations, it prevents a majority from granting tyrannical powers to the government in a time of crises.  It also prevents a majority from easily taking away the rights of minorities.  And it prevents those in office from holding on to power by increasing their terms in office.

    Source : home.ubalt.edu

    Principles of American government (article)

    The power of US government is constrained by the separation of powers and checks and balances between branches.

    Principles of American government

    Principles of American government

    The power of US government is constrained by the separation of powers and checks and balances between branches.

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    Key points

    The Framers of the US Constitution structured the government so that the three branches have separate powers. The branches must both cooperate and compete to enact policy.

    Each of the branches has the power to check the other two, which ensures that no one branch can become too powerful and that government as a whole is constrained.

    This structure ensures that the people’s will is represented by allowing citizens multiple access points to influence public policy, and permitting the removal of officials who abuse their power.

    The structure of US government: separation of powers

    By the late 1780s, it had become clear that the first governmental system of the United States, the Articles of Confederation, wasn’t working. The central government under the Articles lacked a strong executive and a method for resolving disputes at the national level.

    But adding a strong executive branch to the US government might pose the opposite problem. Would an executive, wielding the power of the army, become too powerful? Would a federal government with more power overall soon become tyrannical?

    At the Constitutional Convention, the Framers debated these issues. Their ultimate solution was to separate the powers of government among three branches—legislative, executive, and judicial—so that each branch had to cooperate with the others in order to accomplish policymaking goals. For example, although the executive branch commands the military, only the legislative branch can declare war and make funds available to pay and provision the army. Therefore, both the legislative branch (Congress) and the executive branch (the president) must consent for the United States to go to war.

    Accordingly, each branch of government has unique powers. As the branch most responsive to the will of the people (who elect its members), Congress has the power to pass laws, declare war, ratify treaties, and levy taxes. The executive branch conducts foreign affairs and commands the armed forces. The judicial branch interprets the laws of Congress and the actions of the president to determine whether they are constitutional.

    Powers of the branches of government Legislative branch Executive branch

    Judicial branch

    Pass laws Veto legislation Declare laws unconstitutional

    Declare war Command armed forces Hear cases on federal law

    Impeach president and judges Grant pardons Preside over impeachment trials

    Approve presidential appointments Appoint judges, ambassadors, department heads Declare presidential acts unconstitutional

    Ratify treaties Conduct foreign affairs and negotiate treaties

    Levy taxes

    Establish number of Supreme Court justices

    Regulate Supreme Court's jurisdiction

    CHECK YOUR UNDERSTANDING

    Which of the following is the best definition of separation of powers?

    Choose 1 answer: Choose 1 answer:

    The structure of US government: checks and balances

    In addition to separating powers among the branches, the Framers gave each branch the power to check, or stop, the actions of the other two branches in meaningful ways. For example, the president has the power to veto, or reject, laws made by Congress. But Congress can balance out that power in its turn by overriding the president’s veto with a two-thirds vote.

    This system of checks and balances keeps each branch of government from overstepping its bounds, and consequently, the federal government itself from becoming too powerful.

    Image showing how the branches of the government can check each other, with examples. The executive branch can check the legislative branch by vetoing legislation, and it can check the judicial branch by nominating judges. The legislative branch can check the judicial branch by impeaching judges and can check the presidential branch by impeaching the president. The judicial branch can check the executive branch by declaring presidential acts unconstitutional and can check the legislative branch by declaring laws unconstitutional.

    Chart with examples of powers that each branch has to check the other two branches. The red arrows show executive powers, the blue arrows show judicial powers, and the gray arrows show legislative powers.

    CHECK YOUR UNDERSTANDING

    Which of the following is the best definition of checks and balances?

    Choose 1 answer: Choose 1 answer:

    James Madison argued for this system in Federalist No. 51, appropriately titled “The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments.” Madison reasoned that—because it is impossible to make all politicians angels who would never attempt to grab more power than they should—the most practical method for keeping the government in check is to structure the government so that politicians must compete with each other. “Ambition must be made to counteract ambition,” Madison wrote.

    Source : www.khanacademy.org

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