POWERS OF EACH BRANCH OF GOV'T LISTED BY ITS CHECKS ON
THE OTHER BRANCHES
Checks and Balances on the President
Executive Branch Legislative Branch Judicial Branch 1. CABINET meetings held to discuss activities in the Executive Departments 2. Appointment of policy-making officials in Executive Departments 3. SUPERVISION of the Bureau of the Budget 1. POWER OF the PURSE: approval of congress is necessary for all government expenditures 2. OVERRIDING THE VETO: by a two-thirds majority in both houses of Congress 3. IMPEACHMENT by the House and trial in the Senate of the President and all major Federal officials 4. ELECTION OF PRESIDENT by the House in the event that no candidate receives an electoral majority 5. APPROVAL of the Senate of all major appointments, by a majority (Senatorial Courtesy is involved) 6. APPROVAL of the Senate of all treaties by a two-thirds majority 7. INVESTIGATIONS by Congressional committees 8. CONSTITTIONAL AMENDMENTS proposed by a two thirds majority in each house
1. JUDICIAL REVIEW: power of the Supreme Court to interpret the Constitution and to declare Federal legislation unconstitutional, first asserted by Chief Justice John Marshall in case of Marbury vs. Madison 2. CHECK DECISIONS of independent regulatory agencies or the Executive Dept. 3. CHECK PRESIDENTIAL DISMISSAL of a member of a regulatory agency 4. INJUNCTION and MANDAMUS WRITS
Checks and Balances on Congress
1. VETO: disapproval of legislation within ten days, and return to House of origin; POCKET VETO: no signature and Congressional adjournment within ten days 2. LEGISLATIIVE RECOMMENDATIONS: in special messages and in State of the Union Message mandated in the Constitution 3. PATRONAGE: power of appointment 4. PARTY LEADER 5. PUBLIC OPINION: use of mass media to gain support 6. EXECUTIVE ORDERS (Emancipation Proclamation) and 1. A piece of legislation must be passed by BOTH HOUSES 2. Differences in bills passed in each house are adjusted by CONFERENCE COMMITTEES
1. CHECK the work of Congressional investigating committees 2. JUDICIAL REVIEW
EXECUTIVE AGREEMENTS with foreign countries without Senatorial approval 7. COMMANDER-IN-CHEIF of Armed Forces at all times S. EXECUTIVE POWER: to call special sessions of Congress and to ignore subpoenas
Checks and Balances on the Supreme Court
1. Appointment of all Federal officials, including judges, US Marshalls, US Attorneys 2. PARDONS AND REPRIEVES for all Federal crimes 3. Use of EXECUTIVE POWER to ignore court orders when they deal with presidential matters 1. APPROVAL of all judicial appointments by the Senate 2. LIMITING JURISDICTION of the Supreme Court and inferior Federal Courts 3. VARYING number of Justices on tie Supreme Courts from five to ten 4. lMPEACHMENT by Judges by House; TRIAL by Senate 5. CONSTITUTIONAL AMENDMENTS I. JUDICIAL REVIEW of cases heard in and decided by other Federal and state Courts 2. REVERSAL of previous decisions of the Supreme Court
PRINCIPLE OF CHECKS AND BALANCES The three co-equal departments are established by the constitution in as balanced positions as possible. To maintain this balance or to restore it if upset, each department is given certain powers with which to check the others. Checks by the President Checks by the Congress Checks by the Judiciary - may veto or disapprove bills enacted by the Congress (Sec. 27:1) - through pardoning power, he may modify or set aside the judgments of courts (Art. VII, Sec 19) - Congress may override the veto of the President (Sec. 27:1) - Reject certain appointments of the President (Art. VII, Sec. 16) - Revoke the proclamation of martial law or suspension of the writ of habeas corpus by the President (Art. VII, Section 18) - Amend or revoke the decision of the Court by the enactment of a new law or by an amendment of the old - The power to impeach the President and the members of the Supreme Court. - the Supreme Court as the final arbiter may declare legislative measures or executive acts unconstitutional (Art. VIII, Sec 4:2) - determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of the Congress or President (Art. VIII, Sec. 2:2)
THE LEGISLATIVE BRANCH Congress (Article 6) 1. THE POWER TO ENACT LAWS 2. Police Power 3. Power of Eminent Domain 4. Power of Taxation 5. The power to choose who shall become President in case of tie (Section 4, par.4) 6. The power to impose death penalty (Art. 3, Sec 19) 7. The power to act as a constituent assembly (Art. XVII, section 1) 8. The power to declare the existence of war (Section 23) 9. The power to confirm the appointments of government officials (Section 19) 10. The power to ratify treaty (Art. 7, Section 21) 11. The power to conduct investigation in aid of legislation (Section 21) 12. Immunity from arrest for offenses punishable by not more than six years imprisonment (Section 11) 13. The power to appropriate money (Section 24 & 25) 14. The power to impeach (Art. XI, Sec. 2)