Separation of Powers

Separation of Powers

by Mr. Boswell

How is power divided in the US government?

• Power is divided two ways:

• Federalism: Power is divided between the Federal (national) level of government and the states' governments.

• Branches of Government: At both the Federal and state levels of government, the power to make, enforce, and interpret laws is broken up into different offices.

Where does it say that power is divided?

• Countries usually have a document that explain how the government works.

• These are called constitutions.

• The US Constitution is the supreme law of the land, meaning that everything the government does, MUST agree with what the Constitution says.

Multiple Choice

What is the supreme law of the land?

• Words of the president

• Referendum passed by the people

• The US Constitution

• Laws passed by Congress

Multiple Choice

Can a law, executive order or court ruling disagree with the Constitution?

• Yes

• No

The Power to Make Laws

• One power in government is to write bills that can become laws.

• The Legislative Branch has this power, as explained in Article I of the Constitution

• It consists of Congress: The House of Representatives and the Senate.

Multiple Choice

Who has the power to make laws?

• The president

• The House and the Senate

• The Supreme Court

• The People

The Power to Enforce the Laws

• Another power is to enforce the laws that have been passed.

• The Executive branch has this power, as explained in Article II of the Constitution.

• It includes the president and vice president as well as the different Cabinet departments that overseas many issues.

Multiple Choice

Who is NOT part of the Executive Branch?

• President

• Vice President

• Cabinet secretaries

• Supreme Court Justice

The Power to Interpret the Laws

• The last power that is the ability to interpret laws or explain what they mean.

• The Judicial Branch has this power, as explained in Article III of the Constitution

• It is composed of the Supreme Court.

Multiple Choice

Who has the power to review and interpret laws?

• The Supreme Court

• The House of Representatives

• The President

• The Senate

Checks and Balances

• In order to keep the three branches from trying to grab too much power or authority, each branch can "check" or stop the others.

• Powers are "balanced" or divided evenly so that no branch can easily take more power.

Important Checks and Balances

• The president can choose to veto or reject bills passed by Congress.

• The House can impeach (charge with a crime) presidents or justices and the Senate can convict them.

• The Supreme Court can use judicial review, deciding that laws passed by Congress and signed by the President are invalid as they conflict with the Constitution.

Multiple Choice

When the president vetoes a bill instead of signing it, it is an example of the __________ branch checking the _________ branch?

• executive, judicial

• legislative, executive

• judicial, legislative

• executive, legislative

Open Ended

What are three branches of government and what power does each one of them have?