Separation of Powers Under The United States Constitution - Checks and Balances

Checks and Balances

Legislative
Executive
Judicial
  • Writes and enacts laws
  • Enacts taxes, authorizes borrowing, and sets the budget
  • Has sole power to declare war
  • May start investigations, especially against the executive branch
  • The Senate considers presidential appointments of judges and executive department heads
  • The Senate ratifies treaties
  • The House of Representatives may impeach, and the Senate may remove, executive and judicial officers
  • Sets up federal courts except the Supreme Court, and sets the number of justices on the Supreme Court
  • May override presidential vetoes
  • May veto laws
  • Wages war at the direction of Congress (Congress makes the rules for the military)
  • Makes decrees or declarations (for example, declaring a state of emergency) and promulgates lawful regulations and executive orders
  • Appoints judges and executive department heads
  • Has power to grant pardons to convicted persons, except in cases of impeachment
  • Determines which laws Congress intended to apply to any given case
  • Determines whether a law is unconstitutional
  • Determines how Congress meant the law to apply to disputes
  • Determines how a law acts to determine the disposition of prisoners
  • Determines how a law acts to compel testimony and the production of evidence
  • Determines how laws should be interpreted to assure uniform policies in a top-down fashion via the appeals process, but gives discretion in individual cases to low-level judges. (The amount of discretion depends upon the standard of review, determined by the type of case in question.)
  • Polices its own members

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Famous quotes related to checks and balances:

    Procrastination and impatience form a system of checks and balances.
    Mason Cooley (b. 1927)