Mid-term Exam: Question One
For our mid-term exam we are asked to explain how the constitution provides a system of separation powers and checks and balances. As we’ve learned from our studies the constitution was written for the purpose of providing structure of the powers held by the three branches of government so that no one entity would have more power than the other and a system of checks and balances to ensure this would never change. We will begin with a look at the separation of powers.
As stated earlier the separation of power was designed by our founding fathers to prevent the majority from ruling with an iron fist (Mount, 2010, para 3). In order to do this they divided the government into three separate branches, Executive, Legislative
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Constitution realized early on that some people or branches would need to be restrained from trying to impose dictatorship upon the other branches so a checks and balance was created for all three branches (Wei, n.d.). The Constitution provides checks and balances in Congress by having all bills go through both the Senate and the House of Representatives before it can be approved and submitted to the executive branch to become a law. Together Congress can check the executive branch by refusing to pass a bill the president wants, by passing a law over the president’s veto, and by using the power of impeachment to remove the president from office. Congress also has the power to check the judicial branch by changing the number and jurisdiction of lower courts, using the power if impeachment to remove a judge form office, also the Senate has the power to refuse a person nominated to be a federal judge. The executive branch doesn’t have as much power as the legislative branch but can check Congress by vetoing a bill that has passed and been presented to become a law, the executive branch balances the judicial branch by nominating federal judges. The judicial branch has power to check Congress by declaring a law unconstitutional and can check the executive branch by declaring actions within that office to be unconstitutional or not authorized by law (Wei,