Checks and Balances Flashcards

Study Notes

Legislative Branch Checks

Impeachment power allows the Legislative Branch to remove the President from office.
Can override presidential vetoes with a two-thirds majority vote in both houses.
Has authority to refuse treaty approvals, limiting executive power.
Can impeach judges and reject judicial nominations, keeping the Judicial Branch accountable.

Judicial Branch Checks

Has the ability to declare Executive actions unconstitutional, reinforcing judicial authority.
Can invalidate legislative acts by ruling them unconstitutional, ensuring laws conform to the Constitution.

Executive Branch Checks

Veto power over legislation allows the President to reject bills passed by Congress.
Appoints judges who align with the President’s viewpoints, influencing the Judicial Branch's direction.

Concept of Checks and Balances

Designed to maintain equality of power among the three branches of government: Legislative, Executive, and Judicial.
Ensures that no single branch can dominate or abuse power.

Purpose of Checks and Balances

Established to prevent any branch from exceeding its authority and to maintain a balance of power.

Division of Power in the Constitution

The U.S. Constitution creates a system that distributes power among the legislative, executive, and judicial branches.
Limits and controls exist on the powers of each branch to maintain balance.

Functioning of Checks and Balances

Congress controls military funding and has the power to declare war, though the President is the military commander-in-chief.
Senate ratifies peace treaties, reinforcing legislative control over foreign relations.
The power of the purse held by Congress dictates funding for executive actions.
Presidential nominations for federal positions require Senate confirmation.
Congress can override presidential vetoes, while the judicial branch can conduct judicial review to ensure laws are constitutional.
The President's appointment power allows for potential shifts in the federal judiciary's philosophy.

Description

Explore how the Legislative Branch of government holds power over the Executive and Judicial Branches through various checks and balances. These flashcards cover key definitions and functions, such as impeachment and treaty approvals, essential for understanding the U.S. political system.