Three Branches Of the U.S. Government “Checks and Balances”

Legislative Branch Having the function of making laws Article I – Section.1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. www.senate.gov/

Legislative Branch Congress The national legislative body of the United States consisting of the Senate,or upper house, and the House of Representatives, or lower house

Executive Branch Article II – Section. 1. “The Executive Power shall be vested in a President of the United States of America. He shall hold his Office during a Term of four years, and together with the Vice President, chosen for the same term, be elected, as follows…” www.whitehouse.gov/

Judicial Branch Article III – Section.1. “The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish…” www.supremecourtus.gov

Separation of Powers A way of dividing power among three branches of government in which members of the House of Representatives, members of the Senate, the President, and The Federal Courts are selected by and responsible for distinct functions.

Checks and Balances The constitutional doctrine in which each branches of government shares some of the powers of the other branches in order to limit their actions. Example: Congress passes a law – President vetoes it – Congress overrides veto with 2/3 majority vote - Supreme Court rules on Constitutionality of law.

Enumerated Powers Seventeen specific powers granted to Congress under Article I – Section. 8. , of the U.S. Constitution; These powers include but are not limited to taxation, coinage of money, regulation of commerce, and the authority to provide for national defense.

Congressional Powers Implied Powers Those powers not specifically listed in the Constitution that can be inferred from the enumerated powers. Ex: Power to draft people into the army Inherent Powers Those powers that belong to the government of a sovereign state and do not have to be granted by the Constitution. Ex: conducting foreign affairs

Elastic Clause A name given to the “necessary and proper clause” found in the final paragraph of Article I – Section. 8., of the U.S. Constitution. It gives Congress the authority to pass all laws “necessary and proper” to carry out the enumerated powers specified in the Constitution. Example: environmental protection laws

Executive Privilege The doctrine that the President does not have to share certain information with Congress or the Judiciary Branch. Executive Privilege, in general, does not outweigh the demand for evidence in a criminal trial, if national security issues are not involved.

Veto The formal constitutional authority of the President to reject bills passed by both houses of Congress thus preventing their becoming law without future Congressional action.

Judicial Review The authority of a court to review the acts of the legislature, the executive, or states to determine the constitutionality.

Unconstitutional A law or action that is unauthorized by or inconsistent with the Constitution of the United States of America.