AP Government 1.6-Principles of American Government

Which of the following is an example of checks and balances?

• An unpopular Supreme Court ruling can be overturned by a majority vote of both houses of Congress.

• A rule issued by a bureaucratic agency may be declared unconstitutional by the Supreme Court.

• A filibuster in the Senate can be ended with a cloture motion that has the support of 60 senators.

• A treaty negotiated by the president with a foreign government must be approved by a majority vote of the House.

Which of the following is an example of how separation of powers creates friction between the executive and legislative branches in the policy-making process?

• The electoral college vote ends with no candidate receiving a majority of the votes, and the House of Representatives is delegated the task of selecting the next president.

• The Senate votes to impeach a sitting president for high crimes and misdemeanors.

• The secretary of state is dispatched along with a delegation of senators to negotiate a treaty with a foreign government.

• The president threatens to issue an executive order for stricter gun control if Congress continues to refuse to take action.

"Too often, we take our form of government for granted, not fully appreciating its unique and exceptional qualities. The framers of our Constitution, having revolted against tyranny, bequeathed to the nation, and to us as its citizens, a form of government with checks and balances intended to assure that we would never, as a nation, be subject to the abuses we experienced as a colony under a monarchy. . . .

We should appreciate that the separation of powers enshrined in our Constitution was modeled on the constitutions and declarations of the states, where the separation of powers was equally observed. Mirroring our U.S. Constitution, 40 state constitutions now specify that government is to be divided into three branches: legislative, executive, and judicial. The separation of powers at the state level, with an independent executive, legislature, and judiciary, is also one of the fundamental tenets of our democracy.

What often gets lost in translation is how dynamic the competition among the branches of government has been, and how much stronger we are as a country because of that ongoing debate. It has been said that the Constitution is not just a historic document, but a living participant in who we are as a nation. Out of the continuing effort to assure the separation of powers, we have built a system of government that functions remarkably well. Although the powers ascribed to each of the three branches may sometimes appear to swing like a pendulum, we have continuously reconsidered and recentered our understanding of the authority and limitation of each of these branches."

Linda Leali, “Reflecting on the Great Gift of the Separation of Powers,” Daily Business Review, 2018

The author explains that the powers given to each branch “sometimes appear to swing like a pendulum” from one branch to another. Which of the following best describes how these shifts ensure that constitutional government is functional?

• Separation of powers divides responsibilities and authority between branches, which allows each branch to be checked by the other two branches to ensure accountability.

• The coequal branches have power evenly distributed between them and are not permitted to check another branch of government.

• The greatest power resides within the legislative branch of government, but the legislature can give this power to the executive branch.

• Each branch of government is elected by the people, which ensures that they all reflect the preferences of the population.

"Too often, we take our form of government for granted, not fully appreciating its unique and exceptional qualities. The framers of our Constitution, having revolted against tyranny, bequeathed to the nation, and to us as its citizens, a form of government with checks and balances intended to assure that we would never, as a nation, be subject to the abuses we experienced as a colony under a monarchy. . . .

We should appreciate that the separation of powers enshrined in our Constitution was modeled on the constitutions and declarations of the states, where the separation of powers was equally observed. Mirroring our U.S. Constitution, 40 state constitutions now specify that government is to be divided into three branches: legislative, executive, and judicial. The separation of powers at the state level, with an independent executive, legislature, and judiciary, is also one of the fundamental tenets of our democracy.

What often gets lost in translation is how dynamic the competition among the branches of government has been, and how much stronger we are as a country because of that ongoing debate. It has been said that the Constitution is not just a historic document, but a living participant in who we are as a nation. Out of the continuing effort to assure the separation of powers, we have built a system of government that functions remarkably well. Although the powers ascribed to each of the three branches may sometimes appear to swing like a pendulum, we have continuously reconsidered and recentered our understanding of the authority and limitation of each of these branches."

Linda Leali, “Reflecting on the Great Gift of the Separation of Powers,” Daily Business Review, 2018

Which of the following best explains how the view of the author of the passage compares with The Federalist 51 regarding separation of powers and checks and balances?

• The author of the passage views the structure of government as providing a balance between the branches of government, whereas The Federalist 51 supports the idea of a powerful executive branch.

• The author of the passage views separation of powers as a limitation on the authority of government, whereas The Federalist 51 argues in favor of using separation of powers as a means to expand the role of government.

• Both the author of the passage and The Federalist 51 argue that elections are a sufficient means to ensure good government.

• Both the author of the passage and The Federalist 51 assert that the structure of government helps control ambitions among the branches in such a way as to promote effective government.

"I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view and warn you in the most solemn manner against the baneful effects of the spirit of party generally.

This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy.

The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.

Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it....

It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism."

 

George Washington’s Farewell Address, 1796

In what respect does the Constitution address Washington’s concern regarding the “spirit of encroachment” expressed in the excerpt?

• The Constitution distributes power across national institutions.

• The Constitution provides for equal representation of all citizens in Congress.

• The Constitution requires a simple majority vote in Congress to overturn a veto.

• The Constitution requires the Supreme Court to approve all legislation.