US Government Separation of Powers

Separation of Powers and Checks and Balances

• The US government is divided into three separate branches: legislative (Congress), executive (President and Vice President), and judicial (the Supreme Court)
• Each branch has distinct powers and responsibilities to ensure a system of checks and balances

Federalist and Anti-Federalist Debates

• Federalists:
  • Believed in a strong central government for national defense and economic growth
  • Favored a national currency, government-regulated trade, and tariffs on imports
  • Wanted a strong federal government to collect taxes and make internal improvements
  • Consisted mainly of wealthy, well-educated individuals from smaller states (New Englanders)
• Anti-Federalists:
  • Opposed the new Constitution and preferred the old one
  • Feared the power of the national government and believed state legislatures could better protect individual freedoms
  • Thought the President would become too powerful, like a king
  • Favored states' rights and feared the federal government would favor the rich over the middle class
  • Were mainly from larger states (Southern states)

The Federalist Papers

• A set of 85 essays written by Federalists to convince states to ratify the Constitution
• Federalist #10:
  • Argued that a strong national government was necessary to prevent factions from dominating politics
  • Believed that a representative government was the best way to control the effects of factions
  • Thought that people could elect officials with the highest minds to make decisions
• Federalist #51:
  • Discussed the importance of constitutional checks and balances and separation of powers to prevent abuse of power
  • Argued that Congress, the President, and the judiciary would balance each other's powers

Supreme Court Cases and Redistricting

• Miller v. Johnson (1990s):
  • Ruled on the creation of majority-minority districts and their impact on representation
  • Highlighted concerns about racial and ethnic minorities not being represented in Congress
• Redistricting:
  • Process of reallocating House seats to each state based on population changes
  • Can benefit or harm specific political groups or racial/ethnic minorities
  • Leads to the redrawing of district lines to accommodate changes

Electoral College and Electors

• Number of electors per state is equal to the number of House representatives plus the number of Senators (at least 3 electors per state)
• The District of Columbia has 3 electors, as if it were a state
• Electors are not Congressmen; they are chosen by each state to cast electoral votes for President and Vice President
• Winner-take-all method:
  • 48 states and DC use this method, where the presidential candidate with the most popular votes in a state gets all the electoral votes
• District method:
  • Used by Nebraska and Maine, where electoral votes are allocated according to the popular vote outcome in each congressional district

Interest Groups and Lobbying

• Types of interest groups:
  • Legislative (companies, corporate organizations, governments)
  • Associations (groups of institutions with shared concerns)
  • Volunteer (unpaid, lobby for "pet projects")
• Lobbying strategies:
  • Inside lobbying (direct, testifying in hearings, contacting lawmakers)
  • Outside lobbying (indirect, influencing public opinion to pressure lawmakers)
  • Legislative strategy (donating to influence lawmakers' decisions)
  • Electoral strategy (electing candidates who support the group's goals)

PACs and Super PACs

• To be covered in the next lesson

Constitutional Convention and Plans

• The Articles of Confederation required a unanimous vote of the 13 states to make changes.
• The New Jersey Plan and Virginia Plan were two debates during the Constitutional Convention of 1787 to address the issues and weaknesses of the Articles of Confederation.

New Jersey Plan

• Proposed 3 branches: legislative, executive, judicial.
• Unicameral (one legislative chamber) with each state getting one vote regardless of size or population.
• Representation is state-based, with each state having equal representation and vote.
• Proposed Supremacy Clause.
• Role of national government: provide defense but could not override state authority.

Virginia Plan

• Proposed 3 branches: legislative, executive, judicial.
• Bicameral (two legislative chambers: House of Representatives + Senate).
• Representation is population-based, with higher population = more representation.
• House of Representatives elected by people, with the number of reps based on state population.
• Senate elected by state legislatures.
• Role of national government: can legislate for states and veto state law.

Compromises at the Constitutional Convention

• The "Great Compromise" (aka Connecticut Compromise) combined NJ & VA plans.
• Bicameral legislature: Congress was created (Senate & House of Reps).
• Senate is upper chamber, House of Rep is lower chamber.
• Each state has 2 senators (6-year terms).
• Each state has varying number of House of Reps depending on state size (2-year terms).
• All laws must go through Congress.
• Laws must be signed by president to go into effect.
• President has power to veto legislation.
• Congress can override veto if re-passes law with 2/3 majority in both HOR and Senate.
• Laws subject to judicial review by judicial branch.
• Courts can overturn law if determined to violate Constitution.

Presidential Powers

• President can negotiate treaties, subject to approval by 2/3 of Senate.
• President can sign executive agreements with foreign leaders (without Senate approval).
• Only Congress can declare war.
• President nominates Supreme Court justices and lower court judges, subject to Senate approval.
• Judges serve during time of good behavior.
• Judges can be removed if majority of HOR votes to impeach.

Congressional Powers

• Enumerated powers: levy and collect taxes, declare war, raise an army and navy, coin money, borrow money, regulate commerce among states and with foreign nations.
• Implied powers: necessary and proper clause allows Congress to make laws necessary for carrying out powers vested in government.
• Inherent powers: overseeing powers of judicial and executive branches.

Judicial Review and Stare Decisis

• Supreme Court ruled that national bank was reasonable means of carrying out powers of government (McCulloch v. Maryland).
• Necessary and Proper Clause allows Congress to make laws necessary for carrying out powers vested in government.
• Stare decisis: principle that courts should rely on previous decisions/established precedents.

Strict vs Loose Interpretation

• Strict interpretation: national government can only do things specifically mentioned in Constitution.
• Loose interpretation: Constitution gives government power to undertake various activities, and ways to achieve goals can include different methods.

Judicial Activism

• Viewpoint that courts need to defend individual rights and liberties.
• Judicial activists aim to stop actions and laws by other branches of government that infringe on individual rights.

U.S. Court System

• Dual court system: state and national levels.
• Today's court system organization: Supreme Court, Courts of Appeals, District Courts, and Specialty Courts.

Learn about the separation of powers in the US government, including the legislative, executive, and judicial branches, and the Federalist and Anti-Federalist debates.