Separation of Powers and Checks and Balances

Separation of Powers

1. Legislature

- the most important branch

- to make laws

 

2. Executive branch

- The executive power shall be vested in a president of the United States of america

- in charge of esecuting the law

 

- U.S. Presidential Oath of Office

I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will to the best of my ability, preserve, protect and defend the constitution of the United States.

 

3. Judiciary

- to interpret the law

- to explain what the law means

 

- U.S. Constitution : Article 3, Section 1

The judicial power of the United States, shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish

 

Checks and Balances

1. legislature 

- The House of Representatives can impeach the President

- The Senate can remove the President from office (2/3 the Senators vote for impeachment)

- Advice and Consent : Check the President's appointment of judges and officials by rejecting them

- Congress investigate executive activities and officers

- Presidents vetoes a law, Congress, with a two thirds vote in both houses, can override the veto

- Congress refuse to pass laws that the executive wants

- Congress can refuse to appropriate funds for exeecutive programs

- Congress impeach and remove judges as it can do with the President

- Senates can reject judicial nominees, which is a check on judges before they even get there

- Congess can change the count system by adding or taking away courts

- Congress can change the jurisdiction of federal courts.

- Congress can pass new laws that override the Supreme Court decisions

 

2. executive

- The president can veto Congress' laws so that they don't go into effect.

- The president can call Congress into a special session

- The executive branch carries out the laws

- The vice president is given power to break ties in the Senate

- The president nominates Supreme Court justices

- The president can change the way the courts work

- The president nominates federal court judges

- The president shapes the entire court system

- The president can pardon people convicted by the courts, which cancels out their judgements

- Executive can carry out the laws, refuse to carry out court decisions

 

3. judiciary

- The judiciary checks the legislature by declaring its laws unconstitutional

- The Chief Justice presides over impeachment trials, and sometimes he gets to wear a special

- The court also issues warrants in federal crime cases

- The courts invalidate laws and executive action

 

4. 

+ This makes it more difficult for the government to act in ways that harm the acts and interests of the citizens

+ But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others.

+ Federalist 51

It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature

 

단어

segue

: A segue is a smooth transition

: When you segue in conversation, you change the topic so smoothly that people might not even notice

similar expressions - interpretation, transition, elimination, confession 

veto : 거부권

override : 우세하다, 무효로하다

nominee : 후보자

Amendment : 개정

call : 소집하다

special session : 특별회기

pardon : 용서하다

convict : 유죄를 입증하다

cancel out : 취소하다

unconstitute : 주재하다

perk : 으스대다, 멋지게 차려입다

warrant : 영장

invalidate : 무효화하다

fallible : 오류에 빠지기 쉬운

jurisdiction : 관할권

tie : 유대관계

encroachment : 침해

 

출처 : Separation of Powers and Checks and Balances : Crash Course Government and Politics, CrashCourse, https://www.youtube.com/watch?v=0bf3CwYCxXw