Checks and Balances
Seperation of Power
Counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals or groups.
A Fundamental principle of the united States government, whereby powers and responsibilities are divided among the legislative branch, executive branch, and judicial branch.
Examples:
- the Executive Branch can veto bills from the Legislative Branch
- the Legislative Branch can override the veto.
Examples:
- The Legislative branch is a bicameral legislature (two house congress) has powers like impeaching the President, to override a Presential veto, & carry out laws.
- The Executive branch has the President as cheif executive and it has powers like: enforce laws, veto power over all bills, ect.
Background:
- James Madison came up with the idea
- the checks and balances began around the 1780s
- this was based upon the philosophy of Montesquieau
Federalism
The federal principle or system of government.
Background:
- John Locke advocated the principle in their writings
- Monstesquieu was one of the foremost supporters of seperating the three branches.
- Thomas Hobbes was opposed to this
Examples:
- Reserved powers. Theses are specifically for the state. For example, police powers, licensing, education, conducting elections, regulating intrastate commerse, and health regulations.
- Granted Powers. These powers, sometimes called the enumerated or express powers are listed in Article 1, Section 8 of the Constitution.
Background:
- It was a political solution fort he problems with the articles of confederation
- James Madison
- Alexander Hamilton, and John Jay
Conclusion
Popular Sovereignty
Judicial Review
The doctrine under which legislative and/or executive actions are subject to review by the judiciary.
Government authority comes directly from the people, throught the elected representatives.
Examples:
- Hylton vs. U.S.
- Justices are often asked to determine whether a law, or the application of a law, violates a person's or groups constitutional rights
- The most important example is the constitiution itself. It represents the power to people and protects their rights.
Examples:
Background:
- Marbury vs. Madison
- 1803
- Secretary of State for Justice and Lord Chancellor presented this Parliament.
- Voting for Government Officials. By voting a government official, it shows that the power is within the people.
- Voting to impeach government officials. By doing this, it's giving the power to people to remove an elected official from office through a common vote.
Limited Government
A political system in which legalized force is restricted through delegated and enumerated powers.
- The First Amendment prohibits the government to restrict our freedom of speech.
Background:
- Lewis Cass vs. Stephen Douglas
- 1840-1850
- The first proponent of the concept was Senator Lewis Cass of Michigan, who put the idea forward while opposing the Wilmor Proviso in 1846
- Divides powers betweem central, small, and local governments.
Background:
- Basic principle of the Constitution
- the idea was established in the Magna Carta
- implied the notion of seperation of powers and the system of checks and balances
The Six Basic Principles