Government Term Paper
The three branches of Government are the: Legislative, Executive, and the Judicial, which plays an important in this country. (1. The Legislative branch (Article 1 outlines the Federal Legislative Branch) of both Senate and House. The defined powers of the legislative branch is to make laws and discuss those laws that are then voted on by congress, in addition they are able to control the amount of taxing, policies specific of spending, declare war on others, regular interstate commerce. (2. The Executive branch definition is to enforce the laws, and the head of the branch is the president. The president approves and carries out laws that decided upon and passed the legislative branch, negotiate treaties with countries,
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The power is dispersed in such a way that each branch is given a specific task: Legislative = Making laws, Executive = Enforcing laws and Judicial = Interpret the law. By doing so it sets the foundation for a balance in powers between them so not one branch is not stronger than the other, however it is suspected that a branch is, that is where Checks and Balances comes into play (make sure power is balanced & interact in equal way). So who checks who? The Legislative Executive: Parliament checks the work of the Federal Government and the institution’s, the government then has to justify its action of the works and decisions they decided to make. Legislative Judicial: the laws that are passed, the court has to comply with them. Executive: given strict rules of tasks …show more content…
If one branch is doing something they should not being doing, the other two branches have the ability to remove members from that office. The process of a creating a law is a prime example of how checks and balances are played out, the legislature introduces and votes a bill, it make its way over to the executive branch (president makes decision to either pass it or veto it) (enforcing his power), once the law is passed it, if someone thinks the law is unfair they can test and file a lawsuit. Another example is requiring two branches work together to get to a certain decision on things such as a treaty, one group may prevent that from going through (not in support). If ‘checks and balances’ did not exist there would be all kinds of problems (unbalanced power, non-agreement among individuals, chaos, etc.), it is in place like the executive branch, which is to enforce the law but in this case to balance out the power of the branches. The importance of both ‘separation of powers’ and ‘checks and balances’ cannot be stressed enough, unless a person wants to have an even more screwed up Government than it already is.
How the Enumerated Powers and the Implied Powers have an impact on the relationship between the Legislative Branch and Executive
When the founders were creating the Constitution for the new nation they wanted to keep the freedoms of the United States but wanted to have a strong government. They thought the best way to get a strong government but to keep the people’s rights were to create the three branches of government. The three branches of government are Executive, Legislative, and Judicial Branch. Legislative makes laws, Executive enforces the laws, and the Judicial branch explains the laws. Know we will key on the Legislative Branch.
To prevent from one branch of government having all power, and therefore having tyranny, (Madison FP # 47) Checks and Balances was added to the defenses of the constitution. There are three branches of government: Legislative Branch (Congress), Executive Branch (President), and Judicial Branch (The Courts). These three branches work together to check one another to make sure the power is evenly distributed and balanced, hence the name Checks and Balances. The way it works is that the Legislative Branch (Congress) can check the Executive Branch (President) by approving Presidential nominations, being able to override a President’s veto, and can impeach the President, him or her, from office. The Legislative Branch can check the Judicial Branch by having Senate confirm Presidential nominations and by being able to impeach judges and remove them from office. The President can check the Legislative Branch by vetoing Congressional legislation, and can check the Judicial Branch by nominating judges. The Judicial Branch can check the Legislative Branch by declaring laws unconstitutional, and can check the Executive Branch by declaring presidential acts unconstitutional. (Madison FP # 51) All three branches of government work together to make sure no branch is abusing their limited power, by using the system Checks and
Checks and balances help prevent tyranny. Each branch checks each other to make sure each one doesn’t get too much power. For example, one way that the legislative branch checks the executive branch is to override vetoes and impeach the President. Also, one way the executive branch can check the judicial branch is by nominating judges into the Supreme Court. One way the judicial branch can check the legislative branch is when they can declare a law unconstitutional. This way, our central government is each divided in
According to James Madison in Federalist Paper #51 in Document C it states, “...the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other… [The three branches] should not be so far separated as to have no constitutional control over each other.” As Document C shows in the chart, the Legislative Branch checks on the Judicial Branch by having the Senate confirm the President's nominations, and also by allowing Congress to impeach judges and remove them from office. The Judicial Branch checks on the Legislative Branch by allowing the court to declare laws unconstitutional. The Legislative Branch can check on the Executive Branch by allowing Congress to approve, Presidential nominations, override a President’s veto, impeach the President and remove him or her from office. The Executive Branch can check on the Legislative Branch by vetoing a Congressional Legislation. The Executive Branch can check on the Judicial Branch by presenting the President nominates judges. Finally, the Judicial Branch can check on the Executive Branch by allotting the court to declare presidential acts unconstitutional. The check and balance system is yet another way that our nation has steered clear of tyranny. It allows each branch to have the ability to check on one another and make sure that the power is being distributed evenly, and no one group is getting too much power. This is a constitutional factor that has been working since the late 1700’s and early 1800’s, this is the way that it will hopefully stay for generations to
Each branch is staffed separately, with their equality and independence protected by the Constitution (O’Connor &Sabato, 2018, p. 28). As a result of this division of power, each branch has a different primary function. The legislative branch creates laws, the executive branch enforces laws, and the judicial branch interprets laws. Although this system is in place, each branch of government has a role in the other, a sort of interdependency. The checks and balances system was created so that each of the three branches of government could have some control and say over the other branches’ actions. In addition, the Framers created this system in order to eliminate the possibility of any one branch infringing on the rights of the people. For example, the legislative branch has the power to impeach the president and can propose constitutional amendments to override judicial decisions. The executive branch can veto a legislation and has the power to appoint federal judges. Finally, the judicial branch can rule federal and state laws unconstitutional, and can declare executive branch actions
According to James Madison, “…the constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other … the three branches should not be so far separated as to have no constitutional control over each other.” (Doc. C). This means that the three branches can check on each other and keep each other balanced and that the powers among each branch is equal. In the constitution it states, “that court can declare laws unconstitutional.” (Doc. C). This is an example of how the judicial branch can check the legislative branch so each branch has a way to check the other branches. The system of check and balances guards against tyranny because without a system of checks and balances, one branch of government may become overpowered and there may be a
By checking each other, the branches can’t gain too much power for themselves. The three different branches of government can check on each other to make sure they all have the same amount of power. They check by approving or disapproving an action that another branch has done. If the chief executive has too much power, the legislature can check the power of the chief executive by overriding a President’s veto, and by impeaching him. While the President can check the power of the Supreme Court by nominating judges.
Checks and balances mean the government is divided into separate distinct branches and each branch has its own specific job and responsibility. *6 These branches of government include the Executive Branch, who’s power is vested in the President and its main job is to enforce and carry out laws written by congress. Next is the Legislative Branch who’s power is vest in House of Representatives and Senate, who make up the United States Congress and their main duty, is to make laws or change existing ones. Finally, the Judiciary Branch made up of the Supreme Court their job is to interpret laws presented to them from Congress. This system works by giving each branch certain powers over the other branches, thus preventing any one branch from gaining too much power over the others.
James Madison explains, “... Constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other” (Doc C). The President can check the power of the Supreme Court by nominating judges. The Supreme Court can check on the states by declaring laws on the constitution. Each branch has its own power; the Legislative branch makes laws, the Executive branch enforces laws, and the Judicial branch interprets laws.
This means that each branch has some control over the others as a means of balancing the power. Case in point, the executive branch can nominate a judge for the Supreme Court but the legislative branch must approve the nomination. Following this example, the executive branch does not have the power to fire judges who disagree with the President’s way of thinking, only the legislative branch has the power to impeach judges (Doc C). Checks and balances are important to the Constitution because it assures the people that the branches of government cannot abuse the power they have been
These three branches of government include the Legislative Branch, the Executive Branch, and the Judicial Branch which all have separate powers. While the Legislative Branch has the power to make laws, the Executive Branch has the power to put the laws into action. The Judicial Branch meanwhile is made up of courts which interpret the laws and apply them in cases brought before them. Although these branches have their own powers, they are also able to prevent the other branches from having excessive power through what is known as checks and balances. As Madison writes in “Federalist Paper #51” (Document C), “The constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other… the three branches should not be so far separated as to have no constitutional control over each other.” Each branch has a different method of keeping the other branches in check. While the Executive Branch can manage the laws made by the Legislative Branch by vetoing Congressional legislation, the Legislative Branch can override a President’s veto and additionally impeach the president. The Legislative Branch can also impeach judges and remove them from office in the Judicial Branch, which can in turn declare laws made by the Legislative Branch as unconstitutional. The Executive Branch can control the Judicial Branch by nominating
These three branches are the Legislative Branch, Executive Branch, and Judiciary Branch. The Legislative Branch is the congress it can move or develop the law, collect taxes, borrow money, regulate commerce with foreign countries and among the states, establish post offices, and declare war and raise and support and Army or Navy. The second branch is the Executive Branch. The Executive Branch is the President. The President can chose to pass or veto a law made by congress, however the President can not make a law, and if he does he will be impeached. The Executive Branch can make treaties with foreign nations and act as an commander in chief of the armed forces and the point certain important government officials. The third and last branch is the Judiciary Branch. The Judiciary Branch is the National Court System, or the Supreme Court. The Supreme Court can overrule states laws or congress laws that violate the constitution, and decide disputes between the national government and state or a citizen. With these three branches the system of the separation of powers was
The checks and balances infographic states that the Executive Branch is in charge of when, “The President nominates judges” and the Judicial branch states, “ The court can declare presidential acts unconstitutional”. Furthermore, the Legislative branch states, “The Senate confirms the President’s nominations. Congress can impeach judges and remove them from office”. Based on this infographic, it shows how checks and balances keep the government in order by having equal powers. For example, if the president tries to take the power of another branch, than the legislative branch can impeach the president. This is one of the checks of the legislative branch on the Executive branch. Each branch has a check of every other branch, so if one branch is doing something wrong, another branch can check the wronged government branch, and fix the problem. Without checks and balances the government would have unequal power, which would lead to oppression in the country. Lastly, as James Madison stated, “The three branches should not be so far separated as to have no constitutional control over each other.” This reveals how each government branch should be separated to an extent where each government can still have advantages and disadvantages over each other. Therefore, making the government equal without giving a specific branch more power. .If One of the branches had more power they could abuse their certain powers and take freedoms from
In the government there are three branches. The legislative branch who has the power to make laws, the executive branch who have the power to carry out the laws, and the judicial branch who have the power to interpret the laws. When the national decided to divide the three branches it was so that the power was equally distributed and nobody would be able to misuse their power. To make sure that all went to plan came a system called checks and balances.
The Executive branch has the power to command the Armed Forces, deal with other international powers and many more. The Legislative Branch is lead by the Congress which includes the House of Representative and the Senate. The purpose of these two bodies is to make laws. This specific branch has the power to pass laws, approve treaties and originate the spending bills. Lastly the Judicial branch is lead by the Supreme Court, this branch has the power to review and evaluate laws, interpret the Constitution and decide the cases involving the state’s rights. Those 3 branches are another part that makes up the American Government. Checks and Balances was a system built into the Constitution because of the creation of the 3 branches. This system was assembled so that each of the three branches of government would need each other in order