Which of the following is an example of the principle of checks and balances?
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The American government has no all-powerful king or queen. The laws are made by elected leaders who are separate from those carrying out and evaluating the laws. This system of government is made possible by a system of checks and balances that reinforce the separation of powers in the United States. In this summary, we examine the history, facts, examples in our government, and the language of the Constitution. Show
Definition of Checks and BalancesDue to the separation of powers in the U.S. federal government, each of the three branches has the ability to prevent the abuse of power by the other two. Historical Facts About Checks and BalancesThis principle is based on the belief that the ability to regulate other federal branches is enabled through a separation of powers. Typically found in governments established under a constitution, institutions are designed with separate functions and roles. In the United States, a three-branch federal government allocates: ⇶ Legislative powers to the U.S. Congress (U.S. House of Representatives and Senate) ⇶ Executive powers to the President (and Cabinet) ⇶ Judicial powers to the Supreme Court (and federal courts) Early influences on the planning of America's new government included Polybius, Charles Montesquieu, William Blackstone, and John Locke. Montesquieu, the French political philosopher, maintained that in order to prevent the abuse of power, "power checks power.” The concept of defined authority to purposefully maintain liberty and guard against tyranny helped frame the U.S. system. The founding debate over the size and power of the federal government resulted in a compromise between the Federalists and Anti-Federalists. The Federalists were in favor of a strong central government whereas the Anti-Federalists advocated for a minimal central government with most power concentrated at the state level. In framing a government which is to be administered by men over men, the great difficulty is this: You must first enable the government to control the governed; and in the next place, oblige it to control itself.”James Madison - Federalist Papers The result was sharing of powers between the states and national government with a clear division of power between three federal branches. A national executive elected indirectly by the citizens through the Electoral College held military, treaty-making, judicial nomination, and legislative approval (or veto) powers. The Electoral College was established in the U.S. Constitution. Technically, it is comprised of electors equal to each state's representation in Congress. The District of Columbia also has three electors. The votes of American citizens are cast to electors, who are expected to represent that vote within their state in federal elections for President and Vice-President. In order to prevent an all-powerful chief executive, the legislative branch was granted the powers of impeachment and veto override in addition to the approval of judicial appointments. Finally, the judicial branch was given the power to weigh in on federal and interstate legal disputes with the power of judicial review established later by court precedent in Marbury v. Madison. Checks and Balances in the Federal GovernmentLegislative Branch Executive Branch Judicial Branch Approves judges Nominates judges Serves for life (Supreme Court) Impeachment and trial of top officials Can issue pardons Presides over impeachment trials Make laws Approves or vetoes laws / carry out laws Determines constitutionality of laws Senate ratifies international treaties Negotiates international treaties Judicial review of treaties and laws Declares war, funds military Organizes and leads armed forces Can declare actions unconstitutional Authority by Branch, StudySmarter Original.Presidential Veto and Congressional Override In order to turn a bill into law, Congress and the President must agree. The balance of power is maintained through negotiations, and the usage (or threat) of a veto, as well as the Congressional override. Any bill sent to the President and unsigned after ten days of Congressional session automatically becomes a law. An interesting dynamic in federal legislation can occur when disagreement exists between the legislative and executive branches. When the President does not support a bill or resolution, the typical action is to send it back to Congress with an explanation. This direct veto could turn into a "pocket veto" if the President does not sign the legislation in the standard 10- day review period and Congress adjourns the legislative session. In this case, the bill does not become a law. While the pocket veto is rarely used, a more common tactic is to threaten a veto. Congress can counter with an override, although doing so required a two-thirds majority vote in both houses of Congress. Achieving a majority consensus of this proportion is challenging in most political climates and on a broad range of issues. Examples of Checks and BalancesThe most basic example of a check and balance occurs with legislation. Due to the threat of a presidential veto, Congress must pass bills that they believe the President will sign into law. Since the President can veto any bill, collaboration on policy goals is imperative. Because the President cannot be too powerful, the Constitution allows Congress to override the veto with a two-thirds vote in both the House and Senate. The precedent of judicial review has become the greatest check on the power of the legislative and executive branches by the courts. When it is found by the Supreme Court to be unconstitutional, the legislation, policy, or action becomes void. The impeachment process is a powerful tool of the legislative branch to hold the executive and judicial branches accountable. Individual presidents and /or judges can and have been impeached for abuse of power or failure to follow the laws of the nation. The Supreme Court can be overridden through an amendment to the Constitution. While difficult to accomplish, the Supreme Court can have its decisions challenged. Previous rulings can also be changed over time if the composition of the Court changes. The nomination of judges by the President and approval by the Senate is another check on the Supreme Court. Checks and Balances in the ConstitutionThe U.S. Constitution undeniably outlines the different roles and responsibilities of each of the three branches of government at the federal level. The following are some examples of specific roles and abilities of each branch. The House of Representatives v. the President:The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.”-Article 1 Section 3 U.S. Constitution. The Vice President v. the Senate:The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.”Article 1 Section 3 U.S. Constitution. The Senate v. the President:The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present.” Article 1 Section 3 U.S. Constitution. The Congress v. the President:Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it.”Article 1, Section 7 U.S. Constitution. The Executive v. Legislative Branch:The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.Article 2, Section 4 U.S. Constitution. Constitutional Amendments and Checks and Balances Since the writing of the Constitution, 27 amendments have altered the structure of the U.S. government. Multiple amendments have changed the power relationship between branches of government and yielded more power to citizens and the states. Which is an example of the principle of checks and balances?Here are some examples of how the different branches work together: The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
What are the principles of check and balance?checks and balances, principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power. Checks and balances are applied primarily in constitutional governments.
What are 5 examples of checks and balances?Executive Branch. Checks on the Legislature. Veto power. Vice President is President of the Senate. Commander in chief of the military. ... . Checks on the Judiciary. Power to appoint judges. Pardon power.. Checks on the Executive. Vice President and Cabinet can vote that the President is unable to discharge his duties.. Which of the following is an example of checks and balances quizlet?Which of the following is an example of checks and balances in the United States? division of power into three branches of government.
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