FD Article #8
by Brian K. Shoemake
The term "separation of powers" as we know it can be traced back to ancient Greece and the Baron de Montesquieu, a French political thinker and enlightenment era writer. His theory of separation outlines the importance of dividing the powers of government into three separate but equal entities with independent powers and areas of responsibility. This concept has been adopted into many constitutions around the world throughout history including the Roman Republic.
by Brian K. Shoemake
The term "separation of powers" as we know it can be traced back to ancient Greece and the Baron de Montesquieu, a French political thinker and enlightenment era writer. His theory of separation outlines the importance of dividing the powers of government into three separate but equal entities with independent powers and areas of responsibility. This concept has been adopted into many constitutions around the world throughout history including the Roman Republic.
In our constitutional republic, three branches of government are created in the Constitution. The Legislative branch which is outlined in Article 1, composed of the House of Representatives, and Senate.
The Executive branch, composed of the President, Vice-President, and the various governmental departments, is outlined in Article 2, and the Judicial branch, composed of the federal courts and the Supreme Court, as outlined in Article 3. All three branches are equal and co-equal in power with specific areas of responsibility and authority which is "checked" or held accountable by either or both of the other two branches.
The Executive branch, composed of the President, Vice-President, and the various governmental departments, is outlined in Article 2, and the Judicial branch, composed of the federal courts and the Supreme Court, as outlined in Article 3. All three branches are equal and co-equal in power with specific areas of responsibility and authority which is "checked" or held accountable by either or both of the other two branches.
“It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the other departments. It is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, in the administration of their respective powers. It will not be denied, that power is of an encroaching nature, and that it ought to be effectually restrained from passing the limits assigned to it.”
-James Madison, Federalist Paper #48
It's clear that the framers anticipated that unchecked power would eventually lead to tyranny much like that of the British Monarchy under King George III at the time of our founding. The only way to prevent this form of government from taking root in our young Republic was to define and divide the powers of governance amongst 3 separate and distinct entities.
Here's the breakdown:
Executive powers under checks and balances:
Veto power over all bills, ability to call special sessions of Congress, appointment of judges and other officials, makes treaties, can recommend legislation, ensures all laws are carried out, can appeal to the people concerning legislation, commander in chief of the military, pardon power. The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a senatorial tie.
Congressional powers under checks and balances:
The following are the powers of the Legislative Branch as related to Checks and Balances. A complete description of Congressional powers and responsibilities is outlined in Article 1, Section 8 of the Constitution under Enumerated Powers
The Senate alone has the power to confirm the President's appointments where consent is required, and to ratify treaties with other countries. However, there are two exceptions to this rule: the House must also approve Vice Presidential appointments, and any treaty that involves foreign trade. The Senate tries impeachment cases for federal officials referred to it by the House of Representatives.
The House and Senate Pass all federal laws which are then sent for Presidential consideration, approve Vice Presidential appointments, and establish all lower federal courts. They can also override a Presidential veto with a two-thirds vote.
The House can initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie.
The Senate approves all Supreme Court nominees by simple majority, approves all foreign treaties, and tries all impeachment cases referred by the House.
Federal courts are created by Congress as described in Article III. While many of the specialized courts are created under the authority granted in Article I, greater power is vested in Article III courts because they are independent of Congress, the President, and the political process.
Article III describes the requirement to establish a Supreme Court and permits the Congress to create lower federal courts, while placing limitations on their various jurisdictions. While the first Congress established the system of lower federal courts through the Judiciary Act of 1789, Congress theoretically has the power to eliminate all courts with the exception of the Supreme Court.
The jurisdiction granted to the judicial branch is limited to federal and constitutional laws. The federal courts hear cases where a person or group disobeyed the constitution, violated a treaty, committed a crime on federal property, or broke a federal law.
Judicial powers under checks and balances:
The power to try federal cases and interpret the laws of the nation in those cases.
The power to declare any law or executive act unconstitutional. There are nine Supreme Court Justices who are appointed to life terms by the President.
Example of checks and balances:
The president has the power to veto a law passed by Congress, who can then override that Presidential veto with a vote of two-thirds of both houses. The Supreme Court may check Congress by declaring a law unconstitutional. These powers are balanced by the fact that members of the Supreme Court are appointed by the President. However, those appointments have to be approved by Congress.
References:
United States Constitution Articles 1, 2, and 3.
Federalist Papers #47
Here's the breakdown:
Executive powers under checks and balances:
Veto power over all bills, ability to call special sessions of Congress, appointment of judges and other officials, makes treaties, can recommend legislation, ensures all laws are carried out, can appeal to the people concerning legislation, commander in chief of the military, pardon power. The Vice President of the United States serves as President of the Senate and may cast the decisive vote in the event of a senatorial tie.
Congressional powers under checks and balances:
The following are the powers of the Legislative Branch as related to Checks and Balances. A complete description of Congressional powers and responsibilities is outlined in Article 1, Section 8 of the Constitution under Enumerated Powers
The Senate alone has the power to confirm the President's appointments where consent is required, and to ratify treaties with other countries. However, there are two exceptions to this rule: the House must also approve Vice Presidential appointments, and any treaty that involves foreign trade. The Senate tries impeachment cases for federal officials referred to it by the House of Representatives.
The House and Senate Pass all federal laws which are then sent for Presidential consideration, approve Vice Presidential appointments, and establish all lower federal courts. They can also override a Presidential veto with a two-thirds vote.
The House can initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie.
The Senate approves all Supreme Court nominees by simple majority, approves all foreign treaties, and tries all impeachment cases referred by the House.
Federal courts are created by Congress as described in Article III. While many of the specialized courts are created under the authority granted in Article I, greater power is vested in Article III courts because they are independent of Congress, the President, and the political process.
Article III describes the requirement to establish a Supreme Court and permits the Congress to create lower federal courts, while placing limitations on their various jurisdictions. While the first Congress established the system of lower federal courts through the Judiciary Act of 1789, Congress theoretically has the power to eliminate all courts with the exception of the Supreme Court.
The jurisdiction granted to the judicial branch is limited to federal and constitutional laws. The federal courts hear cases where a person or group disobeyed the constitution, violated a treaty, committed a crime on federal property, or broke a federal law.
Judicial powers under checks and balances:
The power to try federal cases and interpret the laws of the nation in those cases.
The power to declare any law or executive act unconstitutional. There are nine Supreme Court Justices who are appointed to life terms by the President.
Example of checks and balances:
The president has the power to veto a law passed by Congress, who can then override that Presidential veto with a vote of two-thirds of both houses. The Supreme Court may check Congress by declaring a law unconstitutional. These powers are balanced by the fact that members of the Supreme Court are appointed by the President. However, those appointments have to be approved by Congress.
References:
United States Constitution Articles 1, 2, and 3.
Federalist Papers #47
"Power tends to corrupt, and absolute power corrupts absolutely." -Lord Acton, 1887