Three Branches Of the U.S. Government“Checks and Balances”

Legislative Branch

•Having the function of making laws•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.

www.senate.gov/

Legislative Branch

CongressThe national legislative body of the

United States consisting of the

Senate,or upper house,

and the House of Representatives, or lower house

Executive Branch

www.whitehouse.gov/

Article II – Section. 1.“The Executive Power shall be vested in a President of the United States of America. He shall hold his Office during a Term of four years, and together with the Vice President, chosen for the same term, be elected, as follows…”

Judicial Branch

www.supremecourtus.gov

Article III – Section.1.“The judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish…”

Separation of Powers

A way of dividing power among three

branches of government in which

members of the House of Representatives,

members of the Senate, the President, and

The Federal Courts are selected by and

responsible for distinct functions.

Checks and Balances

The constitutional doctrine in which eachbranches of government shares some of thepowers of the other branches in order to limittheir actions.

Example: Congress passes a law –President vetoes it – Congress overrides veto with2/3 majority vote - Supreme Court ruleson Constitutionality of law.

Enumerated Powers

Seventeen specific powers granted to

Congress under Article I – Section. 8. , of the

U.S. Constitution;

These powers include but are not

limited to taxation, coinage of money, regulation of

commerce, and the authority to provide for

national defense.

Congressional PowersImplied Powers

Those powers notspecifically listed in theConstitution that can beinferred from theenumerated powers.

Ex: Power to draftpeople into the army

Inherent Powers

Those powers that belong to the government of a sovereign state and donot have to be granted bythe Constitution.

Ex: conducting foreignaffairs

Elastic Clause

A name given to the “necessary and properclause” found in the final paragraph of Article I – Section. 8., of the U.S. Constitution.It gives Congress the authority to pass alllaws “necessary and proper” to carry out theenumerated powers specified in theConstitution. Example: environmental protection laws

Executive Privilege

The doctrine that the President does not

have to share certain information with

Congress or the Judiciary Branch. Executive Privilege, in general, does not

outweigh the demand for evidence in a criminal trial, if national security issues are not involved.

Veto

The formal constitutional authority of

the President to reject bills passed by

both houses of Congress thus

preventing their becoming law without

future Congressional action.

Judicial Review

The authority of a court to review the

acts of the legislature, the executive, or

states to determine the constitutionality.

Unconstitutional

A law or action that is unauthorized by

or inconsistent with the Constitution of

the United States of America.