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
?