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This overview delves into the intricate system of checks and balances in the U.S. government, highlighting the constraints each branch imposes on the others. From Congress's oversight of the President to the checks the President and Congress have over the courts, this resource presents a comprehensive breakdown. It discusses specific powers, such as Congress creating agencies and controlling funding, the President's veto and appointment abilities, and the courts' judicial review function. By exploring historical cases like Marbury v. Madison and principles like limited government and civilian supremacy, this resource sheds light on the essential framework of U.S. governance.
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4. Checks & Balances: Each branch subject to restraints imposed by others. • a. Congress over President. • 1) Congress creates agencies, departments in exec. • 2) Only Congress can appropriate $/raise funds. • 3) Congress can override exec. Veto (2/3 vote) • 4) Congress may impeach (HR) and remove (sen) • 5) Senate must approve all treaties • 6) Senate must approve appt. of judges, ambassadors, and cabinet.
7) May audit exec. Agencies/programs. • 8) May investigate exec. Agencies and personnel. • 9) Congress sets pres. salary. • 10) Only cong. declares war. • 11) Only cong. can raise an army, navy and equip them. • 12) Only Cong. can determine if pres is fit to resume duties in case of disability. • 12) Congress can thwart pres. trade policies.
b.Checks by president over Congress • 1) Can veto Legislation (10 days) • 2) Can call special sessions after adjourned • 3) Can adjourn cong. if disagree when to end. • 4) Only pres can receive ambassadors/recognize foreign gov’t. • 5) Pres can recommend laws • 6) Pres has access to TV/Radio to directly appeal to Am. People.
7) Pres can impound funds from Congress. • 8) Can sign exec. agreements w/ foreign leaders. • 9) Pres sets federal budget (informal) • 10) Power of patronage (appt ppl as favors) • 11) Pres. Can use prestige of office, popularity, charisma, head of pol. party. (informal)
c. Checks by Congress over Courts • 1) Can impeach judges • 2) Change # of justices on S.C. • 3) Can create inferior courts. • 4) Provides funding for cts. • 5) Set salaries for judges (can’t be lowered during their term) • 6) Refuse judicial appointments.
7) Congress decides cts. jurisdiction. • 8) Congress decides what type of cases can be appealed. • 9) Can propose amendments to overrule judicial decisions. • 10) Can declare punishment for certain fed. crimes. • 11) Suspend writ of Habeas corpus during emergencies.
d. Checks by Pres. over Cts. • 1) Pres. appoints federal judges. • 2) Pres. Can grant pardons/reprieves • 3) Pres can refuse to enforce ct. decisions • 4) In emergencies, Pres can suspend habeas corpus.
e. Checks by cts. over Pres. • 1) After appointment, judges are free from President’s Control. • 2) Cts may declare exec. actions to be unconst. • 3) Cts may interpret pres. treaties • 4) Chief Justice presides at impeachment trial. • 5) Cts. can grant injunctions to prevent exec. action.
f. Checks by Cts. over Congress • 1) Cts. determine constitutionality of law (Judicial Review) • 2) Judicial salaries cannot be changed while judges are in office. • g. Checks & Balances Criticisms: Confusion, Delay, lack of direction, divided gov’t (gov’t shutdown over budget conflict
5. Judicial Review: Power of cts. to determine constitutionality of action taken by Congress, President, and states. • a. Marbury v. Madison (1803): S.C. under John Marshal declared a law unconst. for first time. Law (Judiciary Act of 1789) was unconst. because Cong can’t give S.C. the power to issue a writ of mandamus as part of its original jurisdiction, it could only be done through a const. amendment.
6) Limited Gov’t: powers of gov’t are limited. • a. Civilian Supremacy: limits on military power as a response to the King’s use of troops. • 1) Pres, a civilian, is commander-in-chief • 2) Only Congress can declare war, raise an army and fund it. • 3) The 3rd Amd. prohibits quartering of troops in the homes of private citizens (Bill of Rights)
