POWERS OF EACH BRANCH OF GOV'T LISTED BY ITS CHECKS ON

THE OTHER BRANCHES

Checks and Balances on the President

Executive Branch Legislative Branch Judicial Branch
1. CABINET meetings
held to discuss
activities in the
Executive
Departments
2. Appointment of
policy-making officials
in Executive
Departments
3. SUPERVISION of
the Bureau of the
Budget
1. POWER OF the PURSE:
approval of congress is
necessary for all government
expenditures
2. OVERRIDING THE
VETO: by a two-thirds
majority in both houses of
Congress
3. IMPEACHMENT by the
House and trial in the Senate
of the President and all major
Federal officials
4. ELECTION OF
PRESIDENT by the House in
the event that no candidate
receives an electoral majority
5. APPROVAL of the Senate
of all major appointments, by
a majority (Senatorial
Courtesy is involved)
6. APPROVAL of the Senate
of all treaties by a two-thirds
majority
7. INVESTIGATIONS by
Congressional committees
8. CONSTITTIONAL
AMENDMENTS proposed by
a two thirds majority in each
house

1. JUDICIAL REVIEW: power of the
Supreme Court to interpret the
Constitution and to declare Federal
legislation unconstitutional, first asserted
by Chief Justice John Marshall in case
of Marbury vs. Madison
2. CHECK DECISIONS of independent
regulatory agencies or the Executive
Dept.
3. CHECK PRESIDENTIAL
DISMISSAL of a member of a
regulatory agency
4. INJUNCTION and MANDAMUS
WRITS



Checks and Balances on Congress


1. VETO: disapproval of legislation within
ten days, and return to House of origin;
POCKET VETO: no signature and
Congressional adjournment within ten days
2. LEGISLATIIVE
RECOMMENDATIONS: in special
messages and in State of the Union Message
mandated in the Constitution
3. PATRONAGE: power of appointment
4. PARTY LEADER
5. PUBLIC OPINION: use of mass media to
gain support
6. EXECUTIVE ORDERS (Emancipation
Proclamation) and
1. A piece of legislation
must be passed by BOTH
HOUSES
2. Differences in bills
passed in each house are
adjusted by CONFERENCE
COMMITTEES

1. CHECK the work
of Congressional
investigating
committees
2. JUDICIAL
REVIEW

EXECUTIVE AGREEMENTS with foreign
countries without Senatorial approval
7. COMMANDER-IN-CHEIF of Armed
Forces at all times
S. EXECUTIVE POWER: to call special
sessions of Congress
and to ignore subpoenas


Checks and Balances on the Supreme Court

1. Appointment of all Federal
officials, including judges, US
Marshalls, US Attorneys
2. PARDONS AND
REPRIEVES for all Federal
crimes
3. Use of EXECUTIVE
POWER to ignore court orders
when they deal with
presidential matters
1. APPROVAL of all judicial
appointments by the Senate
2. LIMITING JURISDICTION of
the Supreme Court and inferior
Federal Courts
3. VARYING number of Justices
on tie Supreme Courts from five
to ten
4. lMPEACHMENT by Judges by
House; TRIAL by Senate
5. CONSTITUTIONAL
AMENDMENTS
I. JUDICIAL REVIEW of
cases heard in and decided
by other Federal and state
Courts
2. REVERSAL of previous
decisions of the Supreme
Court



















PRINCIPLE OF CHECKS AND BALANCES
The three co-equal departments are established by the constitution in as balanced
positions as possible. To maintain this balance or to restore it if upset, each department
is given certain powers with which to check the others.
Checks by the
President
Checks by the Congress Checks by the Judiciary
- may veto or
disapprove bills
enacted by the
Congress (Sec.
27:1)
- through
pardoning
power, he may
modify or set
aside the
judgments of
courts (Art. VII,
Sec 19)
- Congress may override
the veto of the
President (Sec. 27:1)
- Reject certain
appointments of the
President (Art. VII, Sec.
16)
- Revoke the
proclamation of martial
law or suspension of
the writ of habeas
corpus by the President
(Art. VII, Section 18)
- Amend or revoke the
decision of the Court by
the enactment of a new
law or by an
amendment of the old
- The power to impeach
the President and the
members of the
Supreme Court.
- the Supreme Court
as the final arbiter
may declare
legislative measures
or executive acts
unconstitutional (Art.
VIII, Sec 4:2)
- determine whether
or not there has
been a grave abuse
of discretion
amounting to lack or
excess of jurisdiction
on the part of the
Congress or
President (Art. VIII,
Sec. 2:2)


THE LEGISLATIVE BRANCH
Congress (Article 6)
1. THE POWER TO ENACT LAWS
2. Police Power
3. Power of Eminent Domain
4. Power of Taxation
5. The power to choose who shall become President in case of tie (Section 4, par.4)
6. The power to impose death penalty (Art. 3, Sec 19)
7. The power to act as a constituent assembly (Art. XVII, section 1)
8. The power to declare the existence of war (Section 23)
9. The power to confirm the appointments of government officials (Section 19)
10. The power to ratify treaty (Art. 7, Section 21)
11. The power to conduct investigation in aid of legislation (Section 21)
12. Immunity from arrest for offenses punishable by not more than six years imprisonment (Section
11)
13. The power to appropriate money (Section 24 & 25)
14. The power to impeach (Art. XI, Sec. 2)