The Separation of Powers

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The Separation of Powers
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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

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The Branches

• 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

• 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 orchecked by the other two so
  none gain too much power

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The Branches

• The Judicial Branch
• is composed of the federal courts and the
  Supreme Court

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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.

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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

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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

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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

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Powers of each branch

• Checks
• Executive appoints judges
• Legislative can impeach judges, and approves
  presidential appointments, can amend constitution
  to overturn judicial decisions

• Judicial Powers try federal cases, interpret
  laws, declare executive actions and laws
  unconstitutional

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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 ?