How does the Constitution divide political power? Be sure to address separation of power and checks and balances.

Answer 1

Amanda,

Leah K. provided a very good description of the separation of power among the branches. I have been taught to think of the separation more as a system of shared powers. Each has some small degree of a power you would think falls more in one of the other branches.

The President can issue an Executive Order (E.O.) which has the force of a law. It's not a law. Only Congress makes laws and only Congress (for the most part) can change a law. An E.O. can be negated by a President or ruled unconstitutional by the Supreme Court.

The President may veto a law, which is a legislative power he has.

The Congress may impeach and remove the President, which is an executive power of a sort.

The Supreme Court can rule a law or E.O. unconstitutional thus nullifying it. This is in effect is a legislative power to unmake a law.

There are other examples, but the key is that in order to check or balance each other, each branch of government was given a limited power(s) from the other branches. Pretty neat if you ask me.

Answer 2

The constitution divides political power by instating 3 branches of federal government.

1. The Legislative branch, (comprised of Congress, Senate and the House of Representatives) create the laws and vote on them.
2. The Executive branch comprised of the President, Vice President and Cabinet carry out the laws.
3. The Judicial branch, supreme court and other federal courts, interpret the laws.

The point of checks and balances was to make sure no one branch would be able to control too much power, and it created a separation of powers.

Here are some examples of how the different branches work together:

1. The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto.
2. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
3. The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws. These Federal departments and agencies have missions and responsibilities that vary widely, from environmental protection to protecting the Nation’s borders.
4. The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
5. The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.