Separation of Powers and Checks and Balances: Crash Course Government and Politics #3

Summary

In this Crash Course Government and Politics episode, Craig explains the foundational concepts of American government: separation of powers and checks and balances. He outlines the three branches—legislative, executive, and judicial—and their distinct roles. Craig then delves into how each branch can limit the others to maintain balance, using humor to illustrate the legislature's extensive powers to check the executive and judicial branches. The episode also touches on the historical rationale behind these systems, referencing James Madison's Federalist 51, emphasizing the importance of these mechanisms in preventing tyranny and protecting citizens' rights.

Takeaways

• 🏛️ The American government is based on the principle of separation of powers, dividing the national government into three branches: legislative, executive, and judicial.
• 📜 The legislative branch is considered the most important and is tasked with making laws, as detailed in Article I of the Constitution.
• 👨‍💼 The executive branch, headed by the President, is responsible for executing the laws and ensuring the government functions effectively.
• 👩‍⚖️ The judicial branch, also known as 'the Courts,' interprets the law and is vested with the power to declare laws and executive actions unconstitutional.
• 🔄 Checks and balances are mechanisms by which each branch can limit the powers of the other two, preventing any one branch from becoming too powerful.
• ⚖️ The Constitution provides the legislative branch with the most checks on the other branches, including the power to impeach and remove the President, and to override Supreme Court decisions by amending the Constitution.
• 🤵‍♂️ The executive branch can check the legislative branch through vetoes, calling special sessions, and nominating Supreme Court justices and federal judges.
• 👥 The judiciary's primary check on the other branches is the power to declare laws and executive actions unconstitutional, ensuring adherence to the Constitution.
• 🤔 The concept of checks and balances is rooted in the Framers' fear of tyranny and their desire to protect citizens' rights by preventing the concentration of power.
• 🗣️ James Madison, in Federalist 51, argued that checks and balances are necessary to control the abuses of government, reflecting the Framers' view of human nature.

Q & A

What are the three branches of the American government?

The three branches of the American government are the legislative branch, the executive branch, and the judicial branch.

Why is the legislative branch considered the most important branch?

The legislative branch is considered the most important branch because it is the first branch mentioned in the Constitution and Article I is the longest and most detailed of the 7 Articles.

What is the primary function of the legislative branch?

The primary function of the legislative branch is to make laws.

What does the executive branch do according to the script?

The executive branch is in charge of executing the law, which means carrying them out, and the President acts as the CEO of the US, ensuring that the government governs.

What is the role of the President as per the Presidential Oath of Office?

As per the Presidential Oath of Office, the role of the President is to faithfully execute the office and to the best of their ability, preserve, protect, and defend the Constitution of the United States.

What is the main job of the judicial branch?

The main job of the judicial branch, also known as 'the Courts,' is to interpret the law and explain what it means.

How does the concept of checks and balances relate to the separation of powers?

Checks and balances relate to the separation of powers by allowing each branch to limit or check the other two branches, creating a balance between the three separate powers.

What is one way the legislative branch can check the executive branch?

One way the legislative branch can check the executive branch is by impeaching the President and, if two-thirds of the Senators vote for impeachment, removing the President from office.

How can the executive branch check the power of the judiciary?

The executive branch can check the power of the judiciary by nominating Supreme Court justices and federal court judges, which can change the way the courts work.

What is the main check the judiciary has on the other branches?

The main check the judiciary has on the other branches is by declaring their laws or actions unconstitutional.

Why did the Framers of the Constitution create a system of checks and balances?

The Framers of the Constitution created a system of checks and balances to prevent a tyrannical central government from destroying people's rights and to make it more difficult for the government to act in ways that harm the acts and interests of the citizens.

Outlines

00:00

🏛️ Separation of Powers and Checks and Balances

Craig introduces two key concepts of American government: separation of powers and checks and balances. He explains that the national government is divided into three branches: legislative, executive, and judicial. The legislative branch, described as the most important, is responsible for making laws and is detailed in Article I of the Constitution. The executive branch, headed by the President, is tasked with executing the laws and is outlined in Article II. The judicial branch, or 'the Courts,' interprets the law and is described in Article III. Craig also discusses the concept of checks and balances, where each branch has the power to limit the others, creating a balance of power.

05:03

🛠️ Checks and Balances in Action

Craig delves into the specifics of checks and balances, explaining how each branch can limit the powers of the others. The legislative branch has the most checks due to its detailed description in the Constitution, including the power to impeach the President, reject appointments, and override vetoes. The executive branch can veto laws, call Congress into session, and nominate Supreme Court justices. The judiciary, considered the weakest branch, can declare laws and executive actions unconstitutional and presides over impeachment trials. Craig emphasizes the importance of these checks and balances as a means to prevent tyranny and protect citizens' rights, referencing Federalist 51 by James Madison.

Keywords

💡Separation of Powers

Separation of Powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. In the context of the video, this concept is central to understanding the American government structure, where the legislative, executive, and judicial branches are separate to prevent tyranny and ensure a balance of power. The script mentions this by explaining that the national government is divided into three separate branches, each with its own duties and responsibilities.

💡Legislative Branch

The Legislative Branch is one of the three branches of the U.S. federal government, responsible for making laws. In the video, it is described as the most important branch, with the main job of creating laws and also holding the secondary role of assigning blame, as humorously depicted in the script. The script also notes that Article I of the Constitution is dedicated to detailing the legislative branch, emphasizing its significance.

💡Executive Branch

The Executive Branch is responsible for enforcing the laws created by the Legislative Branch. The President of the United States leads this branch and is likened to the CEO of the country, ensuring that the government functions effectively. The script highlights the President's role through the Oath of Office, which underscores the commitment to executing the duties of the presidency faithfully.

💡Judicial Branch

The Judicial Branch, often referred to as 'the Courts' in the script, is tasked with interpreting the law and explaining its meaning. It is considered the weakest of the three branches because it relies on the actions of the other branches. The script points out that the courts' power is vested in the Supreme Court and any inferior courts established by Congress, as stated in Article III of the Constitution.

💡Checks and Balances

Checks and Balances is a system in which each government branch has the ability to limit the powers of the other branches. This concept is crucial for preventing any one branch from becoming too powerful. In the video, it is explained as a mechanism where each branch can check the others, thus balancing power and preventing tyranny, as illustrated by the various ways each branch can limit the others' actions.

💡Impeachment

Impeachment is the process by which the Legislative Branch can charge and try a high official, such as the President, for misconduct. The script mentions that the House of Representatives has the power to impeach, and the Senate can then remove the President from office if two-thirds of the Senators vote for impeachment, showcasing the legislative branch's check on the executive.

💡Advice and Consent

Advice and Consent is a power given to the Senate to approve or reject the President's appointments, such as judges and high-ranking officials. The script uses this term to illustrate how the legislative branch can check the executive branch's power to appoint individuals to key positions within the government.

💡Federalist Papers

The Federalist Papers are a series of essays written by Alexander Hamilton, James Madison, and John Jay promoting the ratification of the U.S. Constitution. The video references Federalist 51, written by James Madison, which discusses the importance of checks and balances in preventing the concentration of power and the protection of citizens' rights.

💡Constitution

The Constitution of the United States is the supreme law of the country and establishes the framework for the federal government. The video script refers to various Articles and Sections of the Constitution to explain the structure and powers of the different branches of government, highlighting its foundational role in American governance.

💡Dred Scott Decision

The Dred Scott Decision was a landmark Supreme Court case that ruled that African Americans, whether enslaved or free, could not be American citizens and therefore had no standing to sue in federal courts. The script mentions this case as an example of how the Supreme Court's decisions can be overridden by Constitutional Amendments, in this case, the 13th, 14th, and 15th Amendments.

💡Veto

A veto is the power of the Executive Branch, specifically the President, to reject a bill passed by Congress, preventing it from becoming law. The script explains that the President can veto laws passed by Congress, which is a check on the Legislative Branch's lawmaking power.

Highlights

Separation of powers is a fundamental concept of American government, dividing the national government into three branches: legislative, executive, and judicial.

The legislative branch is considered the most important and is tasked with making laws.

The executive branch, headed by the President, is responsible for executing the law.

The judicial branch, also known as 'the Courts,' interprets the law and is described as the least powerful branch.

Congress has the power to create all other courts besides the Supreme Court.

Checks and balances ensure that each branch can limit the powers of the others, preventing any one branch from becoming too powerful.

The legislature has the most checks on the other branches due to its detailed constitutional framework.

The House of Representatives can impeach the President, and the Senate can remove the President from office with a two-thirds vote.

The Senate has the power to reject the President's appointments of judges and officials through advice and consent.

Congress can override a Presidential veto with a two-thirds vote in both houses.

Congress can limit the judicial branch by impeaching and removing judges, and by rejecting judicial nominees.

The executive branch can check the legislative power through Presidential vetoes and by carrying out laws in ways contrary to Congressional intent.

The President nominates Supreme Court justices and federal judges, influencing the judiciary.

The judiciary can declare laws and executive actions unconstitutional, serving as a check on both the legislative and executive branches.

The concept of checks and balances was designed to protect citizens' rights by preventing tyranny and ensuring government accountability.

James Madison in Federalist 51 emphasized the necessity of checks and balances to prevent the concentration of power.

The Constitution's framers were aware of their own fallibility, which is reflected in the system of checks and balances.

Transcripts

Hi, I'm Craig, and this is Crash Course Government and Politics. Today, I'm going to try to explain

two fundamental concepts of American government that students and citizens often confuse.

Team Jacob and Team Edward. No. Separation of powers and checks and balances. Team Jacob!

[Theme Music]

So separation of powers is really simple. The national government is divided into three

separate branches: the legislative branch, the executive branch, and the judicial branch.

I put them in this order because that's the way the Constitution has them. And I'm not

going to argue with the Constitution, except for that stupid 3/5ths of a person thing.

So the legislative branch comes first, because it's supposed to be the most important branch,

and Article I is the longest and most detailed of the 7 Articles in the Constitution. The

main job of the legislature is to make laws. The secondary job is to say, "No, it's your

fault." "No, it's your fault!" "No, it's your fault! I'm going home, I have to campaign."

Then we have the executive branch, and here the Constitution is a little less helpful.

Article II Section I states "The executive power shall be vested in a President of the

United States of America." The executive branch is obviously more than one guy or girl. The

executive branch is in charge of executing the law, which basically means carrying them

out. The President is like the CEO of the US, making sure that the government governs.

Interestingly, the President's power as executive is found in the Oath of Office. "I do solemnly

swear (or affirm) that I will faithfully execute the office of the President of the United

States, and will to the best of my ability, preserve, protect and defend the Constitution

of the United States." Ruh ruh ruh!

Wait, Stan, I just gave the Presidential Oath of Office, so I'm President now, right? Totally.

Oh, elections, yeah, we didn't have those.

Last and, in the eyes of many, least, is the judicial branch. The job of the judiciary,

also sometimes called "the Courts," which I'm going to also call "the Courts," because

judiciary is really hard to say, is to interpret the law, to explain what it means. Article

III, which describes the judicia- the courts is even shorter than Article II. It only has

3 sections instead of 4, and the courts today don't really look like this description.

Here is the first sentence of Article III Section I: "The judicial power of the United

States, shall be vested in one Supreme Court, and in such inferior courts as the Congress

may from time to time ordain and establish." At least the Framers realized that the entire

United States would probably need more than one court. But notice right there in the sentence,

that Congress has the power to create all other courts.

And this lead us nicely into the second important concept of American government - checks and

balances. Yeah, that was a segue right into it. It was a nice job, by me. I'm going to

need a little help explaining checks and balances, so let's do that part in the Clone Zone.

Checks and balances is a confusing term because it implies two things. But really, it would

be better to think of them as checks that balance, although that might be confusing

to people who actually try to balance their checkbooks. Anyways, the point here is that

each of the branches has the power to limit, or check, the other two and this creates a

balance between the three separate powers. In the same way that the Constitution lays

out the legislature in the greatest detail, it also gives the legislature the greatest

number of checks on the other branches. Legislative clone...

Legislative Clone: So the Framers of the Constitution were really concerned about the President

becoming a tyrannical figure a la King George III. That guy was a jerk. So the Constitution

gives the legislature a lot of power over the Executive. The House of Representatives

can impeach the President, then the Senate can remove the President from office, but

only if two thirds of the Senators vote for impeachment. The Senate can also check the

President's appointment of judges and officials by rejecting them. This is known as advice and consent.

Either branch of Congress can investigate executive activities and officers. If the

President vetoes a law, Congress, with a two thirds vote in both houses, can override the

veto. Congress can also refuse to pass laws that the executive wants, and probably most

important, they can refuse to appropriate funds for executive programs. You might think

that since the judiciary is the third and presumably least important branch, Congress

would have fewer checks on it. But that would be wrong!

Here are the ways that the legislative branch can limit the judicial branch: Congress can

impeach and remove judges as it can do with the President. Congress can be a bunch of

jerks sometimes. Huh, that's me. Heheheh. Senates can reject judicial nominees, which

is a check on judges before they even get there. Congress can change the federal court

system by adding or taking away courts like it says in Article III. And it can change

the jurisdiction of federal courts. Congress can pass new laws that override the Supreme

Court decisions, as long as the decisions aren't based on the Constitution. Don't want

to do that, no. And as a very last, super drastic resort, Congress can propose Amendments

to the Constitution, as it did with the 13th, 14th, and 15th Amendments, overruling the Dred Scott decision.

Craig: Wow, legislative clone. Looks like the Framers were so scared of an all-powerful

super president that they gave Congress most of the power. Executive Clone, you know, I'll

be Executive Clone because I'm basically president of the clones.

The executive branch can check the power of the legislature in the following ways: the

president can veto Congress' laws so that they don't go into effect. The president can

call Congress into a special session, but he can't make them pass new laws. The executive

branch carries out the laws, and may do so in ways that are contrary to what Congress

wanted. Although this rarely happens, the vice president is given power to break ties

in the Senate, which is one of his only real powers other than embarrassing the president.

The president nominates Supreme Court justices, and this can change the way the courts work.

He also nominates federal court judges, and this shapes the entire court system. The president

can pardon people convicted by the courts, which cancels out their judgments. The president

can also, in his capacity to carry out the laws, refuse to carry out court decisions.

So you can see, even with a number of checks that it has, the executive branch is weaker than the legislature.

Judiciary Clone: But not as weak as the judiciary branch. Many political scientists consider the judiciary

the weakest branch because without legislative and executive action, it doesn't

have a whole lot to do. Being the weakest branch, the judiciary also has the fewest

checks on the other two branches.

Here's what it can do: The judiciary checks the legislature by declaring its laws unconstitutional.

The Chief Justice presides over impeachment trials, and sometimes he gets to wear a special

robe when this happens. Perk of the job, it's a perk of the job. It's really nice.

And the judiciary checks the executive branch by declaring executive actions unconstitutional.

A really good example of this was Youngstown Sheet and Tube Company vs. Sawyer, a super

important case. Look it up, look it up!

The court also issues warrants in federal crime cases, and again presides over impeachment

trials in the Senate. But the big check that the courts have is invalidating laws and executive

actions. We'll talk about how courts actually do this and where they got this power in a later episode.

Craig: No, I'll talk about it in a later episode, okay? Let's go back to the regular desk.

Judiciary Clone: You're out of order!

Craig: Thanks clones. Now some of you are probably saying, Craig, this is very helpful

information but why do we have checks and balances in the first place? To you I say,

"Stop talking to your computers, that's weird!" I also say, "Let's go to the Thought Bubble."

So the Framers of the Constitution were terrified of a tyrannical central government that would

destroy people's rights like they felt the British had. The powers of the national government

are separated, and each branch are able to check others because this makes it more difficult

for the government to act in ways that harm the acts and interests of the citizens.

One of the best explanations of this comes from, you guessed it, the Federalists Papers.

In this case, Federalist 51, which was written by James Madison, who also wrote a lot of

the Constitution and became president, so he kind of knows what he's talking about.

And really, it's kind of a shame that he's not on our money because Americans would pay

him more attention, and they would also pay him, literally.

In Federalists 51, the title which also contains the phrase, "checks and balances," Madison

wrote, "But the great security against a gradual concentration of the several powers in same

department, consists in giving to those who administer each department the necessary constitutional

means and personal motives to resist encroachments of the others. It may be a reflection on human

nature, that such devices should be necessary to control the abuses of government. But what

is government itself, but the greatest of all reflections on human nature."

That's right, he wrote with an accent. Don't know how that's possible. Thanks, Thought Bubble.

Madison was talking about checks and balances; I'll leave it up to you to decide

if human nature requires that we build safeguards into our government to protect us from

our leaders. But Madison thought so, and I think so too. But this isn't about me; this is about government.

And it's helpful to remember that when people tell you that the Framers of the Constitution

were infallible, James Madison actually that they were outfallible, or just fallible. Anyways,

see you next time. I'm so fallible.

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