T-13 #6: 13 Facts about the Constitution & Separation of Powers

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We thought we'd do a T13 on some of the "checks and balances" built into our system of government, because the legislative and executive branches are fighting battles over where their powers begin and end. This is a very general overview, not a substitute for a civics book.

Three Branches of Government: Separation of Powers

1.  The Constitution divides the federal government into three branches, each with separate powers: 1) legislative, i.e., Congress, which includes the House of Representatives and Senate; 2) executive, i.e., the presidency; and 3) judicial, federal courts. The purpose of separation of powers is to prevent one branch from abusing power or dominating government (i.e., "checks and balances").

2.  Legislative branch (Article 1).  Section 8 lists powers given to Congress [a.k.a., the "enumerated powers"]: for example, the power to make laws, to declare war, and to regulate interstate commerce.  Because some powers are vaguley worded, we've had to rely on courts' interpretations for some details. Section 9 limits Congress's powers.

3.  Executive branch (Article 2). Presidential powers are listed in Section 2. This includes the President's power "to Grant Reprieves and Pardons," status as commander in chief of the armed services, and power to require an opinion from each "principal officer" of executive-branch departments ( i.e., his "cabinet"). The 14 departments whose heads compose the cabinet are the most prominent. (Senate Glossary).

4.  Judicial branch (Article 3).   Section 1 vests all judicial power in the Supreme Court and any lower courts that Congress may establish. The Constitution requires only one court (the Supreme Court). Federal judges hold office for life during "good behavior."  The president appoints federal judges "with the advice and consent of the Senate," which is why there is so much agitation over judicial appointments. The federal courts' jurisdiction (power) is spelled out in Section 2.

Examples of Checks and Balances

5. Congress has the power to declare war, but the President is in charge of "waging war."

6. Only Congress can enact laws, but the President can prevent bills from becoming law via veto powers -- unless Congress overrides the veto by a 2/3 vote of each house.

7. The judiciary has the power to interpret a law as applied to an issue in dispute, to say whether a law applies to the dispute, and to declare a law unconstitutional.

8. The Vice President is also the president of the Senate. As Senate President, he doesn't vote -- except that he is the Senate's tie-breaker.

9.  Congress is said to have implied power to oversee the operations of the executive branch: "Throughout its history, Congress has engaged in oversight of the executive branch — the review, monitoring, and supervision of the implementation of public policy.... Public laws and congressional rules have measurably enhanced Congress’s implied power under the Constitution to conduct oversight." (CRS Report for Congress:  Congressional Oversight Manual)

10.  And more! (Here's a list of ways each branch can check another branch's powers).

It's Supposed to Work This Way

11. Don't be fooled by politicans who moan about interference from other branches. They're supposed to have power struggles. That's what "checks and balances" are about (National Constitution Center).

12. The Founders designed the system so that each branch would act as a drag on the unchecked actions of the other. 

13. Examples of relvant current issues: 

(a) Congress's subpoenas to White House staff (and the executive's resistance);

(b) Congress's investigation of Justice Department: i.e., whether the Attorney General skewed DOJ's activities to promote partisan agendas;

(c) The President's use of signing statements to avoid legislation he doesn't support;

(d) Vice President Cheney's claim to be a member of the legislative branch (so he could avoid laws that apply to the executive branch).

Some Related Posts at Buck Naked Politics

  * Executive Privilege v. Contempt of Congress: Cage Match

  * Gonzales' Questionable Candor (and Character)

  * Pentagon Aide Dodges Questions & Flips-off Senator

  * Senate Committee Subpoenas White House Staffers

  * Constitutional Shoot-out Around the Corner

  * Bush Admin. Plays "Constitutional Hardball"

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Comments

[thebluestbutterfly]

So, you think that the check & balance system currently working well? Is there anything that you would do to improve it?

[Linda]

This is fascinating stuff! I'm shortly to apply for citizenship, and this is just the kind of thing I will have to learn.

[Linda]

Oh, and my own TT is up, too. ;)

[Lisa]

YEY for a liberal blogger!! If you've got KOS in your blogroll, you're a friend of mine.

Excellent and educational 13. Thanks for this. (Reading it all now!)

Have a good thursday!

[tommiea]

Goes to show, you learn something new everyday......

thanks for visiting my TT. Happy Thursday!

[buttercup]

Wow, I haven't seen it laid out like that since law school... Nice TT.

[Comedy Plus]

Have a great TT. :)

[Splash]

Great TT! I actually remember most of that from high school, and boy was that a long time ago. Different hot topics in those days. Can anyone say Watergate?

[L-Squared]

Interesting list as always. Reading this took me back to my high school government class. :-)

Thanks for visiting my list!

[Thomma Lyn]

Interesting list -- and refreshing and relevant to the troubled times the U.S. is experiencing. I think this T13 ought to be required reading at the White House.

Thanks for a great T13, and thank you for visiting mine! :)

[beth]

Of course, there are examples of working around the checks and balances on both sides. That's politics. Fortunately, the checks and balances work in the long run - most of the time.

You always have such interesting and informative posts!

[pussreboots]

Interesting choice for a Thursday Thirteen.

[Midas]

Oh, this brings back pleasant memories of Gov 101. Great condensation. I wish I had this list before enrolling in that class.

[Tour Marm]

Great TT! I have to explain all this to my students and parents on tour! The beauty of this is that...it works!

[Tour Marm]

Great TT! I have to explain all this to my students and parents on tour! The beauty of this is that...it works!

[Tour Marm]

Great TT! I have to explain all this to my students and parents on tour! The beauty of this is that...it works!

[Tour Marm]

Great TT! I have to explain all this to my students and parents on tour! The beauty of this is that...it works!

[emma wayne porter]

I wish more people understood these things. And I wish I understood why we need "separation" between the DOJ, CIA, and MI.

[Tink]

Wow, I really learn something new every time I visit here. Fascinating, thanks!
My TT is about BED.

[Xakara]

I have never been so thoroughly informed and reminded of past knowledge as I have been on this lovely, much too early morning.

Thank you. I'll make sure to come back often.

~X

[Robin]

An excellent reminder.

Happy TT.

[Barbara]

Very informative, thanks for writing this.

[Susan Helene Gottfried]

Wow, I remembered all of this from my high school and college government classes. Guess stuff DOES filter in while you sleep. (Hey, I slept through English, too; I'm not a subject-sensitive sleeper!)

Happy TT and thanks for visiting again this week. Really nice to see you again.

[busy]

I didn't know some of this stuff. Thanks. Happy TT!

[Joely]

I like seeing relevant issues along with the facts. Thanks for sharing!