Separation of Powers & Checks and Balances

Checks & Balances In order to lay a due foundation for that separate and distinct exercise of

the different powers of government, which to a certain extent is admitted on all hands to be essential to the preservation of liberty, it is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others

But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.

“But what is government itself but the greatest of all reflections on human nature…In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed, and in the next place oblige it to control itself”

James Madison, Federalist No. 51

Veto Power 2/3 Required for Override

Treaties and Appointments

Commander in Chief

Appoints Judges

Can Refuse to Enforce Court’s Decisions

Appointed for Life

Judicial Review

Judicial Review

Approves Judicial Nominees (Senate only)

Can Reorganize the Court

Override a Veto

Approve Treaties/Nominees (Senate Only)

Declares war

Can Impeach

Executive

LegislativeJudicial

Impeachment requires 2/3 vote

In Depth ………. Judicial Review• What are the major limitations on the

Court’s power of judicial review?

no power to enforce

appellate jurisdiction

In-Depth………….Impeachment• Why did the Framers want impeachment

to be difficult?

Johnson (1868) Nixon (1973) Clinton (1999) Bush, 2007

Impeachment

Impeached

• A. Johnson -

• R. Nixon -

• B. Clinton -

Removed

• Yes No

• No No

• Yes No

In-Depth……….War Powers Act

War Powers Act (1973)• Unless Congress gives an official

DECLARATION OF WAR, or otherwise AUTHORIZES action, the president must … Must Inform Congress within 48 hours Stop Fighting in 60 days / Pull troops

within 90 days

Authorization for the use of military force (Sept. 18, 2001)

Libya, 2011