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We thought we'd do a T13 on some of the "checks and balances" built into our system of government, because the legislative and executive branches are fighting battles over where their powers begin and end. This is a very general overview, not a substitute for a civics book.
Three Branches of Government: Separation of Powers
1. The Constitution divides the federal government into three branches, each with separate powers: 1) legislative, i.e., Congress, which includes the House of Representatives and Senate; 2) executive, i.e., the presidency; and 3) judicial, federal courts. The purpose of separation of powers is to prevent one branch from abusing power or dominating government (i.e., "checks and balances").
2. Legislative branch (Article 1). Section 8 lists powers given to Congress [a.k.a., the "enumerated powers"]: for example, the power to make laws, to declare war, and to regulate interstate commerce. Because some powers are vaguley worded, we've had to rely on courts' interpretations for some details. Section 9 limits Congress's powers.
3. Executive branch (Article 2). Presidential powers are listed in Section 2. This includes the President's power "to Grant Reprieves and Pardons," status as commander in chief of the armed services, and power to require an opinion from each "principal officer" of executive-branch departments ( i.e., his "cabinet"). The 14 departments whose heads compose the cabinet are the most prominent. (Senate Glossary).
4. Judicial branch (Article 3). Section 1 vests all judicial power in the Supreme Court and any lower courts that Congress may establish. The Constitution requires only one court (the Supreme Court). Federal judges hold office for life during "good behavior." The president appoints federal judges "with the advice and consent of the Senate," which is why there is so much agitation over judicial appointments. The federal courts' jurisdiction (power) is spelled out in Section 2.
Examples of Checks and Balances
5. Congress has the power to declare war, but the President is in charge of "waging war."
6. Only Congress can enact laws, but the President can prevent bills from becoming law via veto powers -- unless Congress overrides the veto by a 2/3 vote of each house.
7. The judiciary has the power to interpret a law as applied to an issue in dispute, to say whether a law applies to the dispute, and to declare a law unconstitutional.
8. The Vice President is also the president of the Senate. As Senate President, he doesn't vote -- except that he is the Senate's tie-breaker.
9. Congress is said to have implied power to oversee the operations of the executive branch: "Throughout its history, Congress has engaged in oversight of the executive branch — the review, monitoring, and supervision of the implementation of public policy.... Public laws and congressional rules have measurably enhanced Congress’s implied power under the Constitution to conduct oversight." (CRS Report for Congress: Congressional Oversight Manual)
10. And more! (Here's a list of ways each branch can check another branch's powers).
It's Supposed to Work This Way
11. Don't be fooled by politicans who moan about interference from other branches. They're supposed to have power struggles. That's what "checks and balances" are about (National Constitution Center).
12. The Founders designed the system so that each branch would act as a drag on the unchecked actions of the other.
13. Examples of relvant current issues:
(a) Congress's subpoenas to White House staff (and the executive's resistance);
(b) Congress's investigation of Justice Department: i.e., whether the Attorney General skewed DOJ's activities to promote partisan agendas;
(c) The President's use of signing statements to avoid legislation he doesn't support;
(d) Vice President Cheney's claim to be a member of the legislative branch (so he could avoid laws that apply to the executive branch).
Some Related Posts at Buck Naked Politics
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