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Summary Separation of Powers

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Separation of Powers

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Separation of Powers

1. Why was power divided between three branches of government:
a. The Founding Fathers wished the USA had a limited government, to ensure that the
government would not become over powerful, so they divided power between three
institutions: the Executive, the Legislature and the Judiciary.

2. How does Richard Neustadt see this system:
a. Richard Neustadt talked of 'separated institutions sharing power'. All three branches,
contribute to the legislative process.

3. How is it more commonly described:
a. The US constitutional system is more commonly known/described as a separation of
powers. Although there are ties + connections, each branch of government has its own
sphere of responsibility.

4. What are Checks + Balances:
a. These reinforce the separation of powers by ensuring that each branch of government
plays a part in watching over the work or checking the power of the other branches.
b. This not only places limits upon the overall power of government but ensures the
overall government functions effectively + efficiently.

5. Two examples of Checks + Balances:
a. The Senate ratifies treaties signed by the President (2/3 majority).
b. Congress can override a presidential veto (2/3's majority in both houses).

Checks and Balances in the US Constitution:

By Congress on the Executive Branch:

 The Senate confirms major presidential appointments.
 Congress can pass, reject or amend the president's legislative proposals.
 Congress has the 'power of the purse'.
 The Senate ratifies treaties signed by the president (2/3's majority).
 Congress can override a presidential veto (two-thirds majority in both houses).
 Congress can impeach and remove the president for 'high crimes and misdemeanours'.
 Congress can declare war.

By the Executive Branch on Congress:

 The president can propose legislation.
 The president can veto bills passed by Congress.
 The president can call special sessions of Congress.
 The president is commander-in-chief of the armed forces.

By the Supreme Court on the Executive Branch and Congress:

 The court can rule an act unconstitutional.
 The court can rule presidential actions unconstitutional.

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