Transcript Separation of Powers PowerPoint

Highlights: Organizing Power in the
Constitution
SS.7.C.1.7
Describe how the Constitution limits the powers of government through
separation of powers and checks and balances.
Terri Susan Fine, Ph.D.
Content Specialist, Florida Joint Center for Citizenship
Limited Government and the U.S.
Constitution
The U.S. Constitution is organized around three systems
that limit government power.
Limited (constitutional) government is a government limited
by a constitution:
Separation of powers-the organization is set up of as three
branches with their own distinct powers and responsibilities
Checks and balances-each branch of government limits
the power of the other branches
Limited Government
How does the U.S. Constitution limit the power
of government?
In separating powers, the government limits what each branch
can do. The Constitution is designed so that the legislative
branch holds only legislative power, the executive holds only
executive power, and the judiciary holds only judiciary power.
Separation of powers does not entirely limit government as
individual branches can still abuse their powers in a limited
government system.
Limited Government
How does the U.S. Constitution limit the power
of government?
The checks and balances system allows the separate
branches to impact the other branches in ways that limit
their powers.
Checks and balances does not entirely limit government as
the checks and balances system requires, in many instances,
that enough public officials come together to agree to check
another branch’s power.
How does the U.S. Constitution Limit
Power through Separation of Powers?
Constitutional Provision
Example
Article I, Section 1:
All legislative Powers herein granted shall
be vested in a Congress of the United
States, which shall consist of a Senate and
House of Representatives.
Civil Rights Act (1964) (see Benchmark
3.7)
Article II, Section 1: The executive Power
shall be vested in a President of the United
States of America.
President Franklin Roosevelt, Executive
Order 9066 (1942): “…by virtue of the
authority vested in me as President of the
United States, and Commander in Chief
of the Army and Navy, I hereby authorize
and direct the Secretary of War,
...whenever he …deems such action
necessary or desirable, to prescribe
military areas …(see Benchmark 3.6)”
(forced internment)
How does the U.S. Constitution Limit
Power through Checks and Balances?
Constitutional Provision
Example
Article I, Section 7: 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, ….
H.R. 1757 (105th): Foreign
Affairs Reform and
Restructuring Act of 1997 was
vetoed by President Bill Clinton
on October 21, 1998 (see
Benchmark 3.8 and Benchmark
4.1).
Article II, Section 2: He shall have Power, by and
with the Advice and Consent of the Senate, to make
Treaties, provided two thirds of the Senators present
concur; …
The U.S. Senate ratified the
United Nations Charter on July
28, 1945 (see Benchmark 3.3
and Benchmark 4.1)