Lesson - Separation of Powers & Checks and Balances

Principles of Government

Today's Lesson: Separation of Powers & Checks and Balances

Key Term: Tyranny

a nation under cruel and oppressive government

The Seven Principles of Government

The United States Constitution sets forth seven key principles upon which the American system of government rests. These principles are: (1) popular sovereignty, (2) a republican form of government, (3) limited government, (4) federalism, (5) separation of powers, (6) checks and balances, and (7) individual rights. The principles of the Constitution ensure government restraint as well as power. At the same time, the Constitution sets limits so that Americans need never fear tyranny.

Seven Principles of Government

• Popular Sovereignty

• Federalism

• Separation of Powers

• Checks and Balances

• Limited Government

• Republicanism

• Individual Rights

Today's Focus: Seven Principles of Government

• Popular Sovereignty

• Federalism

• Separation of Powers

• Checks and Balances

• Limited Government

• Republicanism

• Individual Rights

Separation of Powers

To make sure no person or group in government has too much power, the Constitution provides for a separation of powers. This means the Constitution separates the legislative, executive, and judicial powers of government. It then places these powers in three different branches of government. Each branch has different—and limited—powers, duties, and responsibilities.

​Separation of powers is how we divide our national (federal) and state governments into separate branches. Each branch has its own set of powers. This keeps one individual or small group of individuals in government from having access to ALL of the government's powers.

Multiple Choice

Which is the best definition of "Separation of Powers"

• It's a principle of government

• It's a principle of government that spreads out government power across three branches of government.

• It's a principle of government that spreads out government power across three branches of government, so that no one person or small group of people in government has all the power and becomes abusive to the people.

What does each branch of government do?

Study this chart and be ready to answer questions!

Multiple Select

Which of these statements apply to the Judicial branch? Check the ones that are right.

• decides if laws are constitutional.

• the power to veto a bill from Congress

• can overturn other judge's decisions

• Judges get appointed by the President.

Multiple Choice

Which branch of government appoints Federal judges?

• Judicial branch

• Executive branch

• Legislative branch

Multiple Choice

Which branch of government has the power to pardon people (release convicted criminals from jail before they have finished their sentence)?

• Judicial branch

• Executive branch

• Legislative branch

Multiple Choice

Which branch of government makes laws?

• Legislative branch

• Judicial branch

• Executive branch

Multiple Choice

Which branch of government approves of presidential appointments?

• Judicial branch

• Executive branch

• Legislative branch

Key Term: Veto

a constitutional right to reject a decision or proposal made by a law-making body

Checks and Balances

The Framers did more than separate the powers of government. They set up a system of checks and balances. Under this system, each branch of government can check, or limit, the power of the other branches. This system helps maintain a balance in the power of the three branches.

Example #1: Checks and Balances

Here is an example of how the system of checks and balances works: Congress (legislative branch) has the power to pass a law. If the president (executive branch) disagrees with the law, he or she can reject it through the presidential power of the veto. This veto power checks the power of Congress. At the same time, Congress can override the veto. This checks the power of the executive branch.

Example #2: Checks and Balances

The United States Supreme Court (judicial branch) also has important checks on the other branches. The Supreme Court has the power to interpret the Constitution and to decide whether or not actions by the legislative and executive branches are allowed. In other words, the courts decide whether laws and government policies are constitutional. This protects "We the people" - us!

Example #3: Checks and Balances

Congress can check decisions made by the courts by beginning the process of changing the Constitution itself. For example, the Supreme Court ruled in the 1857 Dred Scott v. Sandford decision that African Americans—enslaved or free—were not citizens. In 1866 Congress proposed the Fourteenth Amendment. The amendment was meant to grant full citizenship to formerly enslaved African Americans. When ratified by the states in 1868, the Fourteenth Amendment had the effect of overruling the Dred Scott decision.

Checks and Balances

There are several other ways in which the branches of government check and balance one another. The diagram "A System of Checks and Balances" on the next slide shows how each branch of government can "check" the power of the other branches.

Checks and Balances

There are several other ways in which the branches of government check and balance one another. The diagram "A System of Checks and Balances" on this slide shows how each branch of government can check the power of the other branches. For a full view of this graphic go to the next slide. You will use it to answer questions about Checks and Balances.

Multiple Choice

The Legislative branch creates a law, but it doesn't go into effect until the president signs it.

• true

• false

Multiple Choice

If a president doesn't like a law created by Congress and sent for approval, he or she can _______ the law.

• rewrite

• veto

Multiple Choice

The president appoints a federal judge that is a space alien with no knowledge of our ways. Which branch of government has the power to reject his nomination?

• Judicial branch

• Executive branch

• Legislative branch

• NASA

Multiple Choice

Congress passes a law outlawing free speech. The president signs it into law. Then, the Supreme Court rules that the law is unconstitutional. Which answer lists each branch in sequential order of this example of checks and balances?

• Legislative, Executive, Judicial

• Executive, Judicial, Legislative

• Judicial, Executive, Legislative

Fill in the Blank

What word did you learn in this lesson that reflects when a government is out of control and oppresses the rights of its own people?

Fill in the Blank

What word did you learn in today's lesson that mean "to over ride a proposal from another branch of government".