1050573
Description
Mind Map by Marcus Danvers, updated more than 1 year ago
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Created by Marcus Danvers
over 10 years ago
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(3) Checks and Balances
and separation of powers
- Legislature (makes Laws)
- Congress House
of Representatives
and Senate
- Congress was expected to be
the most important branch of
government and was given 18
specific powers, known as
enumerated power
- Five of them related to the economy (Such as imposing taxes, borrowing money
and regulating commerce); seven related to the armed forces ( including the power
to declare war), with the remainder covering a range of the other issues such as
responsibility for communication system ( which in the 1800's, meant post office
but today included telephones, television, radio, the internet and so on)
- Five of them related to the economy (Such as imposing taxes, borrowing money
and regulating commerce); seven related to the armed forces ( including the power
to declare war), with the remainder covering a range of the other issues such as
responsibility for communication system ( which in the 1800's, meant post office
but today included telephones, television, radio, the internet and so on)
- The final enumerated power gives congress the right to make all laws "necessary and proper" to carry out its responsibilities.
This was known as the "elastic clause", as it has enabled Congress to "stretch" beyond its enumerated powers to additional
implied powers - enabling it to address issues that could not be foreseen when the Constitution was written
- Congress was expected to be
the most important branch of
government and was given 18
specific powers, known as
enumerated power
- Congress House
of Representatives
and Senate
- Executive (carries out laws)
- President ( Vice-president, Executive
Office of the President, Cabinet,
executive depts and agencies)
- The President was established under the Constitution primarily to conduct foreign policy and to implement
laws passed by Congress. Most of the specific presidential responsibilities outlined in the Constitution relates
to foreign policy, as this was the area where Presidents would be played a leading role leading role.
- In the domestic affairs the Constitution only specifically mentions the President having the
power to pardon and to suggest legislative priorities to Congress in the annual State of the Union
Address. Otherwise, there secondary role of serving Congress, ensuring that the legislature's
will was carries out. As a result, the President was given the vague power to "faithfully
execute" national laws has been the basis for substantial increases in power over time.
- The President was established under the Constitution primarily to conduct foreign policy and to implement
laws passed by Congress. Most of the specific presidential responsibilities outlined in the Constitution relates
to foreign policy, as this was the area where Presidents would be played a leading role leading role.
- President ( Vice-president, Executive
Office of the President, Cabinet,
executive depts and agencies)
- Judiciary (enforces
and Interprets laws)
- Supreme Court
(appeal and trial
courts)
- The supreme Court was set up to rule on disputes that stemmed from national
laws, any cases involving disputes between the state was put on trial
- Constitutional it was hoped that it would be less important than the other two branches of the
national government. It had the power to make sure the Constitution was properly respected -
which required carefull examination and mature jugdment. It was the nation high's court
- 14 years after the adoption of the Constitution, the supreme Court took on the
role of Constitutional interpretation, the Judiciary became very significant and,
arguably, the most powerful of the three branches of the national government
- The supreme Court was set up to rule on disputes that stemmed from national
laws, any cases involving disputes between the state was put on trial
- Supreme Court
(appeal and trial
courts)
- Federalism
- This serves to limit the amount of power available to the national government. The Constitution aims to restrict the national government to
decisions which effect the whole country, outlining which powers are needed to do this. All other power belong to the states (10th Amendment)
- Federalism has been directly associated with the types of freedoms that Americans fought for when they
broke away from the UK and is regarded by many as the most important feature of the Constitution
- This serves to limit the amount of power available to the national government. The Constitution aims to restrict the national government to
decisions which effect the whole country, outlining which powers are needed to do this. All other power belong to the states (10th Amendment)
- Enumerating power
- By listing the specific powers of Congress the founding Fathers aimed to reinforce Federalism, as
the list would serve to limit the government's ability to extend its role into any policy area that had
not been specified. furthermore, Article I listed 8 restrictions on congress, known as denied powers
- By listing the specific powers of Congress the founding Fathers aimed to reinforce Federalism, as
the list would serve to limit the government's ability to extend its role into any policy area that had
not been specified. furthermore, Article I listed 8 restrictions on congress, known as denied powers
- Separation of powers
- Anticipating the possibility that the three branches of the national government might work together to expend
their power, the arrangement was that the three main roles of the central government would be carried out by
different groups of people. This meant that any body could not work in more than one branch. For example, in
2009 Obama appointed several members of Congress to his administration, they had to resign from Congress.
- Anticipating the possibility that the three branches of the national government might work together to expend
their power, the arrangement was that the three main roles of the central government would be carried out by
different groups of people. This meant that any body could not work in more than one branch. For example, in
2009 Obama appointed several members of Congress to his administration, they had to resign from Congress.
- Checks and balances
- This creates a situation in which each branch of government would treat the other as rival. Limits on
the national government would be effective as a result of "ambition counter-acting ambition".
- The equally ambitious members of the other branches could be relied upon to
vigorously resist losing the limited powers they had. There was a particular emphasis
on limiting the powers of the President to prevent Him or Her becoming a Dictator.
- This creates a situation in which each branch of government would treat the other as rival. Limits on
the national government would be effective as a result of "ambition counter-acting ambition".
- Elections
- It was possible that voters could be persuaded to elect one political
group to both the Branches, which would be undermine the system
of checks and balances. To Prevent this, they organised:
- Indirect elections. The upper chamber would consist of Senators
appointed by state legislatures. The President would be elected by the
people, but their views would be filtered through an electoral college
- Staggered elections. There would never be a time when everyone in
the national government would be elected simultaneously. Every 2
years there will be some representative elections
- Defined election dates. To ensure that those in power could not
use a crises, or create a crises, to extend their time in office,
elections would be held on set dates regardless of circumstances
- Indirect elections. The upper chamber would consist of Senators
appointed by state legislatures. The President would be elected by the
people, but their views would be filtered through an electoral college
- It was possible that voters could be persuaded to elect one political
group to both the Branches, which would be undermine the system
of checks and balances. To Prevent this, they organised:
- Amending the
Constitution
- To ensure that politicans would not be able to evade or dilute
these restrictions, the Constitution was made extremely difficult
to amend. There are two mechanisms for amendments
- The first method requires a two- thirds majority in both houses of Congress to propose an
amendment and at least three-quarters of the states to agree to the amendment for it to become law
- The second method requires at least two-thirds of the states to call a national
convention to propose and agree to a an amendment. This method has never been used
- The first method requires a two- thirds majority in both houses of Congress to propose an
amendment and at least three-quarters of the states to agree to the amendment for it to become law
- Over 5000 amendments have been proposed
but only 27 have ever been passed
- The Equal Rights Amendment (ERA) illustrated the difficulty in amending the constitution. The proposted amendment
was to give equal right for women, the amendment was past by Congress in 1972 with a 7 year deadline for it to be
ratified by the 3/4 of the states. It never managed to achieve 3/4 of states even with an extension.
- Other example of Proposed amendments which
had considerable public support but failed to gain
the necessary 2/3 support from congress include
- Balanced budged amendment
- Flag desecration amendment
- School prayer amendment
- Tax limitation amendment
- Defence of marriage amendment
- Balanced budged amendment
- Persistence may pay off, the 19th Amendment ( granting women the vote) which was introduced in
congress 118 times before its passage and the 27th Amendment (restricting the ability of member of
Congress to give themselves pay rises) was not passed until 200 years after it was originally introduced
- To ensure that politicans would not be able to evade or dilute
these restrictions, the Constitution was made extremely difficult
to amend. There are two mechanisms for amendments
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