Checks and Balance

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Category: US History

Date Submitted: 09/19/2014 05:50 AM

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Please explain how the Constitution provides for a system of separation of powers and checks and balances. Provide a fully developed essay and cite sources used.

The Constitution was to be upheld with trouble, which is how the founding fathers wanted it to be. Checks and balances and the separation of powers are all about limiting the powers of government branches. They made the three branches of government and their duties in such a way that they do not overpower each other and to prevent a tyrannical leader. A “separation of powers” was put in place not only to give each branch their own jobs but also to describe powers that are shared within the branches.

Congress checks the president, the judicial branch and themselves. Congress is made up of the House and the Senate. The House can investigate and/or impeach the president as seen with Clinton, Andrew Johnson, and an almost impeached Nixon (he resigned before it could happen). Impeachment takes a 51% vote from the House to happen. The Senate then sets up and puts the President on trial for, but they need a two-thirds vote to actually kick the president out.

Congress makes laws and the president has the power to veto the bill or parts of the bill. If the president vetoes a bill, it goes back to Congress. A two-thirds majority vote can to override the veto and pass the bill. Jackson took advantage of vetoing power and shot everything down. He got the name “veto king” because of this.

The president is in charge of signing treaties, but the treaties must go to the Senate to be checked and looked over. Legislative checks the president when he nominates Supreme Court justices, by reviewing and approving or disapproving his choices. Congress is in charge of declaring war and allocating funds for the military, even though the president is Commander in Chief.

Congress checks the judicial branch by making judicial structure. They can do this because they can change the number of judges on the Supreme Court. The...