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Lesson 3

 

Table 3–1: Checks and Balances: The Separation and Sharing of Powers

Legislative Power

Executive Power

Judicial Power

U.S. Congress (House and Senate)

Originates, drafts, and passes legislation. Can pass legislation over presidential veto with 2/3 majority. Can initiate constitutional amendments.

Creates programs and the executive branch agencies that run them. Controls the budgets of the White House and executive branch agencies and departments.

Creates laws the Courts interpret and enforce. Can change or clarify laws in response to judicial decisions. Confirms judges nominated by the president.

The President

Holds veto authority. Recommends budget to Congress. Can sway public opinion to put pressure on Congress.

Chief executive. Commander in chief. Appoints key executive branch leaders.

Nominates federal judges. As head of the justice department, has special status in legal proceedings where the United States has an interest or is a party.

The Supreme Court

Can declare legislation passed by Congress unconstitutional. Also interprets legislation when it is vague or in conflict with other laws.

Can rule that executive branch actions are unconstitutional.

Has jurisdiction in all cases and controversies arising under the United States Constitution.

To further complicate the exercise of power, elections for national office holders are staggered. Presidential elections are held every four years, Senate elections every six, and House elections every two. Because only one-third of Senate seats are contested every two years, it is impossible for all of the members of Congress and the president to be elected at the same time. The voters who select the president, the members of the House, and one-third of the Senate in one election are not likely to have the same concerns and preferences as the voters who select new House members and another third of the Senate two years later. Moreover, because the president is elected by the entire nation while members of Congress are elected by the voters in the states or districts from which they come, members of Congress and the president do not represent the same constituencies.

 

     
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