Chapter 14 Goverment by Constitution Separation of Powers / Checks and Balances

Understanding the U.S. Government: Constitution and Its Principles

Overview of the U.S. Constitution

• The year 1987 marked the 200th anniversary of the U.S. Constitution, which is the oldest written constitution still in use today.

• The Constitution has provided a stable government for over 200 years with minimal changes, establishing foundational principles that continue to guide governance.

Key Principles of Governance

• Two critical principles embedded in the Constitution are:

• Separation of Powers: Divides government responsibilities into distinct branches.

• Checks and Balances: Ensures no single branch can dominate or abuse power.

The Three Branches of Government

• The U.S. government consists of three branches:

• Legislative Branch: Composed of Congress, responsible for enacting laws applicable across states.

• Executive Branch: Headed by the President, this branch executes laws and ensures their enforcement after signing them into effect.

• Judicial Branch: Handles legal disputes and reviews laws for constitutional compliance, ensuring legality through judicial review.

Separation of Powers Explained

• Each branch has specific tasks and powers unique to its function, preventing any one branch from monopolizing authority or power within the government structure. This division was intentionally designed by the framers of the Constitution to safeguard against tyranny.

Checks and Balances Mechanism

• The system allows each branch to monitor and limit the actions of others:

• Executive Check on Legislative: The President can veto legislation deemed unwise; Congress can override a veto but faces challenges in doing so effectively.

Example Case: Watergate Scandal

• In response to suspected illegal activities during Nixon's presidency (1973), Congress had constitutional authority to investigate such actions, demonstrating legislative oversight over executive conduct even though Nixon resigned before impeachment proceedings were completed.

Judicial Checks on Legislative Power

• Notable instances include:

• Abortion Legality (1973): Supreme Court ruled state laws banning abortion unconstitutional, thus legalizing it nationwide.

• Civil Rights Enforcement: Supreme Court invalidated discriminatory state laws against African-Americans leading to desegregation efforts in public schools across states. These rulings illustrate judicial power in checking legislative authority on significant social issues.

Nominations and Influence on Judiciary

Supreme Court Nomination Process and Government Power Dynamics

Supreme Court Nomination and Congressional Oversight

• Candidates nominated for the Supreme Court by the president undergo extensive questioning from Congress regarding their records on critical issues such as abortion, gun control, and separation of church and state.

• The nature of these questions often reflects current political concerns within the country, indicating a responsive relationship between judicial nominations and prevailing societal issues.

• According to the Constitution, each branch of government is accountable to the other two branches, promoting a system of checks and balances.

• Ideally, this framework prevents any single branch from exercising excessive power or abusing its authority over time.