Division and Balance of Governmental Powers Chapter 2.2

Checks and Balances Came from Baron Montequieu, a French Nobleman Administrative powers of the state should be divided among the legislative, executive, and judicial branches. Each should have powers roughly equal to the other branches (Balances) and also have the power to control the accumulation of power in the others (checks) Three branches of the federal government: Legislative: Congress; makes the law Executive: President; enforces the law Judicial: Courts; interprets the law

Branches of the Government Legislative Branch Makes the laws. In forming the legislative branch, the framers of the Constitution were concerned with how to fairly distribute representation to each state. Compromise: Senate: two members from every state regardless of population House of Representatives: allocated based on population Balance of Power between the two houses: All spending bills (taxing and appropriations) must originate in the House. Power to bring articles of impeachment is in the House Senate has sole responsibility to try all impeachment cases. Requires 2/3 majority of Senate for impeachment.

Executive Branch: Terms: House of Representatives: 2 years Senate: 6 years President: 4 years Executive Branch: President and Vice-President elected, indirectly, by the citizens Vote for Electors (Electoral College) who pledge to support the party’s candidate Means that the popular vote is not always the winner 1824: John Quincy Adams vs Andrew Jackson (with William Crawford and Henry Clay as the ‘outsiders’ No one candidate received the majority of the votes. Election sent to the House of Representatives under the 12th amendment.

1876 Rutherford B. Hayes vs. Samuel Tilden 1888 Benjamin Harrison vs. Grover Cleveland 2000 George W. Bush vs. Al Gore

Executive Branch (con’t) Checks the power of the Legislature through Veto Power. Congress can override the veto by 2/3 majority in both House and Senate. Appoints judges to the courts, with confirmation by the Senate Judicial Branch Headed by the Supreme Court Checks on the constitutionality of a statute passed by Congress or actions taken by Executive, Legislative, or Administrative agencies.

Changing the Constitution Amendments: 1st way to ratify: Amendment is proposed by 2/3 majority in House and Senate Ratifies by ¾ of the states or ¾ of States’ conventions 2nd way to ratify (has not been used yet): Legislatures of 2/3 of the states to all a convention of all the states. Ratified by ¾ of the states or ¾ of States’ conventions.

Board Question What are the two ways that the founding fathers allowed for the Constitution to be changed? First Way Constitutional amendment is proposed by 2/3 majority of both houses of Congress. Passed by ¾ of states Second Way: Legislatures of 2/3 of states call for Constitutional Convention Constitutional amendment ratified by ¾ of the states or states’ conventions

US Form of Government Democracy: every adult citizen votes on every piece of legislation. Republic/Representative Democracy Elect representatives to the legislative, judicial, and executive offices Sovereign power rests with the voters. Final authority is with those citizens who choose to exercise their right to vote.

The Power to Govern 9th amendment was added in order to protect those rights which were not specifically listed in the Constitution The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. Sovereignty (supreme political authority free from external control) of the States 10th amendment: Acknowledges the continued sovereignty of all of the states to govern their own citizens within their own borders. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Limiting States’ Powers 14th amendment subjects states to the same restrictions as the federal government with respect to citizenship, life, liberty, property without due process, and equal protection under the law. Powers of the Federal Government Defense Post Office Currency Tariffs Interstate and foreign Commerce

Regulatory Agencies Listed on page 34 Regulations under the agencies have the force of law. Congress has the authority to make laws; however, ultimately it is the people who decide, through their vote, how the country will operate.