B. A. 2nd Sem, (Pol-Science), Unit-3 Class Notes (KU-NEP)

 By

Dr. Farzeen Bano

Unit-III: U. S. A. (America): Historical Background, Main Features, Executive (President), Judiciary and Judicial Review, Legislature (Congress), Separation of Power and Theory of Check and Balance

------------------------------------------------------------------------

 HISTORY OF THE AMERICAN CONSTITUTION

The American Constitution, it is the supreme law of the United States. It established the framework of government and the rights of citizens. 

The American Constitution was enacted on September 17, 1787, when it was signed by the delegates at the Philadelphia Convention. However, it officially came into effect on March 4, 1789, after being ratified by the required number of states.

The journey of the American Constitution can be divided into the following stages:

1. Colonial Background  

- The United States was originally composed of 13 British colonies along the eastern coast of North America.  

- British policies, including taxation without representation (e.g., the Stamp Act of 1765, the Townshend Acts of 1767), led to growing unrest.  

- The colonies sought greater autonomy, leading to tensions with Britain.

2. Declaration of Independence (1776)  

- On July 4, 1776, the Second Continental Congress adopted the Declaration of Independence, drafted mainly by Thomas Jefferson.  

- It declared that all men are created equal and have unalienable rights (life, liberty, and the pursuit of happiness).  

- It also justified breaking away from Britain due to King George III’s tyranny.

3. Articles of Confederation (1781-1789)  

- The first governing document of the U.S., adopted in 1781.  

- Created a weak central government officialswith most powers held by the states.  

- Lacked power to tax, regulate commerce, or enforce laws effectively.  

- Led to economic struggles and political instability, highlighted by Shays’ Rebellion (1786-87). 

4. Constitutional Convention (1787)

- Held in Philadelphia from May to September 1787.  

- Delegates from 12 of 13 states (except Rhode Island) attended.  

- Key figures included George Washington (president of the convention), James Madison (Father of the Constitution), Alexander Hamilton, and Benjamin Franklin.  

- Aimed to revise the Articles of Confederation, but instead created a new Constitution.  

5. The Great Compromise (Connecticut Compromise)

- Resolved the dispute between large and small states over representation.  

- Created a bicameral (two-house) legislature:  

  - House of Representatives (representation based on population).  

  - Senate (equal representation, 2 senators per state).  

6. Three-Fifths Compromise 

- Southern states wanted to count enslaved people for representation.  

- The compromise counted three out of every five enslaved people for taxation and representation.

7. Ratification of the Constitution (1787-1789) 

- The Constitution was signed on September 17, 1787.  

- Required ratification by 9 out of 13 states to become law.  

- Federalists (e.g., Alexander Hamilton, James Madison, John Jay) supported ratification.  

- Anti-Federalists (e.g., Patrick Henry, George Mason) opposed it, fearing a strong central government.  

8. The Bill of Rights (1791)  

- To address Anti-Federalist concerns, the first 10 amendments, known as the Bill of Rights, were added in 1791.  

- Guaranteed fundamental rights like freedom of speech, religion, press, assembly, and fair trials.

------------------------------------------------------------------------

ARTICLES AND AMENDMENTS IN AMERICAN CONSTITUTION

The American Constitution originally had 7 Articles and has been amended 27 times.  

Breakdown: 

- 7 Articles: Define the structure of the government and its powers.  

- 27 Amendments: Include key changes, such as the Bill of Rights (first 10 amendments, 1791), abolition of slavery (13th Amendment), and women’s voting rights (19th Amendment).  

The latest amendment (27th Amendment, 1992) regulates congressional salary changes.

------------------------------------------------------------------------

 MAIN FEATURES OF THE AMERICAN CONSTITUTION  

1. Written and Rigid Constitution 

- The U.S. Constitution is a written document, adopted in 1787.  

- It is rigid, meaning amendments require a formal and difficult process.  

2. Federalism 

- Division of power between national (federal) government and state governments.  

- Each level has distinct powers (e.g., federal government handles defense, states handle education).  

3. Separation of Powers  

- Inspired by Montesquieu’s theory.  

- Government divided into three branches:  

  - Legislative (Congress)– Makes laws.  

  - Executive (President)– Enforces laws.  

  - Judicial (Supreme Court)– Interprets laws.  

4. Checks and Balances 

- Ensures that no branch becomes too powerful.  

- Examples:  

  - President can veto laws passed by Congress.  

  - Congress can override veto with a two-thirds majority.  

  - Supreme Court can declare laws unconstitutional.  

5. Republicanism and Democracy  

- U.S. is a republic, meaning government is based on elected representatives.  

- Follows principles of democracy, ensuring popular sovereignty (power with the people).  

6. Bicameral Legislature  

- Congress consists of two houses:  

  - House of Representatives (based on population, 2-year terms).  

  - Senate (equal representation, 6-year terms).  

7. Supremacy of the Constitution

- The Supremacy Clause (Article VI) declares that the Constitution is the highest law.  

- No state law can contradict the Constitution.  

8. Bill of Rights and Fundamental Rights 

- First 10 Amendments protect individual freedoms.  

- Includes freedom of speech, religion, right to bear arms, right to fair trial, protection against unlawful searches, etc.  

9. Independent Judiciary 

- Supreme Court and federal courts ensure laws follow the Constitution.  

- Established judicial review (power to declare laws unconstitutional) in Marbury v. Madison (1803).  

10. Amendment Process

- The Constitution can be amended but requires a complex process:  

  - Proposal: Either by Congress (two-thirds vote) or a constitutional convention.  

  - Ratification: Approved by three-fourths of state legislatures or state conventions.  

- Total 27 amendments have been made since 1787.  

11. Presidential System 

- The President is both head of state and head of government.  

- Elected separately from Congress.  

12. Electoral College  

- The President is not directly elected by the people.  

- Citizens vote for electors, who then elect the President.  

13. Limited Government 

- The government’s powers are limited by the Constitution.  

- Rights of individuals and states are protected.  

Conclusion  

- The U.S. Constitution is the oldest written constitution still in use.  

- It has successfully balanced government power and individual freedoms.  

- Its ability to adapt through amendments has made it a model for democracies worldwide.

--------------------------------------------------------------- 

GOVERNMENT STRUCTURE OF THE UNITED STATES

The United States government is divided into three main branches: the Executive, the Legislature (Congress), and the Judiciary. Each branch has its own structure and responsibilities, ensuring a system of checks and balances.

Past Photo

The following flowchart represents the structure of the U.S. government:

1. Executive Branch

The Executive Branch is responsible for enforcing and administering laws. It consists of the President, the Cabinet, and the federal bureaucracy.

1.1 Permanent Executive (Bureaucrats)

Bureaucrats form the backbone of the executive branch. They are permanent government employees who ensure the continuity of government operations, implement policies, and assist elected officials.

1.2 Non-Permanent Executive (President & Cabinet)

The President is the head of state and government, serving as the Commander-in-Chief of the armed forces. The President appoints Cabinet members, who lead various executive departments and assist in policymaking.

2. Legislative Branch (Congress)

Congress is the law-making body of the United States and consists of two houses: the Senate and the House of Representatives.

2.1 Senate

The Senate has 100 members, with each state electing two Senators for six-year terms. The Senate approves treaties, confirms presidential appointments, and acts as a jury in impeachment trials.

2.2 House of Representatives

The House of Representatives has 435 members, elected based on state population. Members serve two-year terms and initiate revenue bills and impeachment proceedings.

3. Judicial Branch

The Judiciary interprets the laws and ensures justice. The Supreme Court is the highest authority in the judiciary.

3.1 Supreme Court

The Supreme Court consists of nine Justices, including the Chief Justice. It has the power of judicial review, ensuring laws and executive actions comply with the Constitution.

------------------------------------------------------------------------

FEDERAL EXECUTIVE OF THE AMERICAN GOVERNMENT: THE PRESIDENT AND THE CABINET 

The President of the United States (POTUS) is the head of the federal executive branch and holds the highest office in the country. The President is responsible for enforcing laws, leading the nation, and acting as the Commander-in-Chief of the armed forces.  

1. The Office of the President

1.1 Term of Office 

- The President serves a 4-year term.  

- A President can be re-elected once, meaning the maximum tenure is 8 years (two terms).  

- This restriction was set by the 22nd Amendment (1951) after Franklin D. Roosevelt served four terms (1933–1945).  

1.2 Succession of the President  

If the President dies, resigns, or is removed from office, the line of succession follows:  

I. Vice President (First in line)  

II. Speaker of the House of Representatives

III. President Pro Tempore of the Senate  

IV. Secretary of State 

V. Other Cabinet members in the order of their department's establishment  

This succession is governed by the Presidential Succession Act (1947) and the 25th Amendment (1967).  

1.3 Removal of the President (Impeachment Process)  

The President can be removed through impeachment for "Treason, Bribery, or other High Crimes and Misdemeanors" (Article II, Section 4). The process is:  

1. House of Representatives initiates impeachment with a majority vote.  

2. Senate holds a trial, presided over by the Chief Justice of the Supreme Court.  

3. A two-thirds majority vote in the Senate is required for removal.  

Notable impeachments:  

- Andrew Johnson (1868) and Bill Clinton (1998) were impeached but not removed.  

- Donald Trump was impeached twice (2019, 2021) but acquitted both times.  

- Richard Nixon (1974) resigned before impeachment proceedings could be completed.  

2. Qualifications of the President 

According to Article II, Section 1 of the Constitution, a person must:  

1. Be a natural-born citizen of the United States.  

2. Be at least 35 years old.  

3. Have lived in the U.S. for at least 14 years.  

3. Immunities of the President  

1. Criminal Immunity – The President cannot be prosecuted while in office. However, they can be charged after leaving office.  

2. Civil Immunity – The President cannot be sued for official actions taken while in office.  

3. Executive Privilege– The President can withhold certain information related to national security and confidential communications. However, this is not absolute (e.g., Watergate scandal led to Nixon’s resignation).  

4. Election Process of the President 

The U.S. President is elected through an indirect election via the Electoral College system.  

Step-by-Step Process: 

4.1. Primary Elections & Caucuses (January–June of election year)  

   - Political parties select their candidates through state-by-state elections.  

   - The final candidates are confirmed at National Party Conventions (July–August).  

4.2. General Election (First Tuesday of November, every four years)  

   - Citizens vote for Electors in their states (not directly for the President).  

4.3. Electoral College Vote (Mid-December) 

   - Each state has Electoral Votes = Number of Senators (2) + Number of Representatives.  

   - Total electoral votes = 538 (270 needed to win).  

   - The candidate who wins the majority of a state's popular vote usually gets all of that state's electoral votes (Winner-takes-all system, except in Maine and Nebraska).  

4.4. Congress Certification (January 6)

   - Congress counts the votes and officially declares the winner.  

4.5. Inauguration (January 20, following the election year)

   - The new President takes the Oath of Office and officially assumes power.  

5. Powers of the President

The President’s powers are defined in Article II of the Constitution and include:  

5.1 Executive Powers 

I. Enforcement of Laws– Ensures laws passed by Congress are implemented.  

II. Executive Orders– Issues orders with the force of law (e.g., Emancipation Proclamation by Lincoln).  

III. Appointments – Nominates federal officials, including judges, ambassadors, and cabinet members (requires Senate approval).  

IV. Removal Power – Can remove executive officials, except federal judges.  

5.2 Legislative Powers  

I. State of the Union Address – Recommends policies to Congress.  

II. Veto Power – Can reject a bill passed by Congress. Congress can override a veto with a two-thirds majority.  

III. Special Sessions– Can call Congress into emergency sessions.  

5.3 Military Powers 

I. Commander-in-Chief – Leads the armed forces but cannot declare war (Congress has this power).  

II. War Powers Resolution (1973) – Limits military deployment without congressional approval to 60 days.  

5.4 Diplomatic Powers  

I. Treaty Power– Can negotiate treaties (requires Senate approval).  

II. Executive Agreements – Can make international agreements without Senate approval.  

III. Recognition Power – Can recognize or cut ties with foreign nations.  

5.5 Judicial Powers  

I. Pardon Power – Can forgive crimes (e.g., Ford pardoned Nixon).  

II. Reprieves & Commutations – Can reduce or delay sentences.  

III. Appoints Federal Judges– Including Supreme Court Justices (requires Senate confirmation).  

---

6. The President’s Cabinet 

The Cabinet is composed of heads of executive departments, appointed by the President and confirmed by the Senate. They serve as advisors to the President.  

Key Cabinet Positions: 

I. Vice President – Next in line for presidency, presides over the Senate.  

II. Secretary of State – Handles foreign policy.  

III. Secretary of Defense– Oversees the military.  

IV. Secretary of the Treasury – Manages economic policy and taxation.  

V. Attorney General– Heads the Justice Department, enforces federal laws.  

VI. Other Secretaries – Includes Homeland Security, Education, Health, Agriculture, etc.  

Conclusion

The U.S. President is one of the most powerful political figures globally, with significant authority in governance, legislation, military, and diplomacy. However, checks and balances ensure that power is not absolute, preventing authoritarian rule. The Cabinet plays a crucial role in advising the President and executing policies efficiently.

--------------------------------------------------------------------------------

The Cabinet of the United States: Composition and Powers 

The Cabinet is a group of senior officials who advise the President and oversee different executive departments of the federal government. The President appoints Cabinet members, but their appointments must be confirmed by the Senate.  

1. Composition of the U.S. Cabinet 

The Cabinet consists of the Vice President and 15 heads of executive departments, along with a few other key officials.  

2. Powers and Functions of the Cabinet 

The U.S. Cabinet has no constitutional authority of its own but plays a crucial role in shaping and implementing government policies.  

2.1 Advisory Powers  

- The Cabinet advises the President on policies related to their departments.  

- The President may or may not follow Cabinet advice.  

2.2 Executive Powers  

- Each Secretary (Cabinet member) is the head of a major executive department, responsible for enforcing federal laws and policies.  

- Example: The Secretary of Defense ensures military readiness, while the Attorney General prosecutes criminals under federal law.  

2.3 Legislative Influence 

- Cabinet members propose bills or policies to Congress through the President.  

- They testify before Congress about the impact of proposed laws on their departments.  

- They implement laws passed by Congress.  

2.4 Budgetary Powers  

- Each department submits its budget proposal to the President, who includes it in the federal budget sent to Congress.  

- The Cabinet oversees federal spending within their departments.  

2.5 Crisis Management 

- In national emergencies, Cabinet members take action based on their department’s role.  

  - Example: Department of Homeland Security responds to terrorist threats or cyber-attacks.  

  - Example: Department of Health & Human Services manages health crises like pandemics.  

2.6 International Relations 

- The Secretary of State handles foreign relations and diplomatic agreements.  

- The Secretary of Defense coordinates with allies on military operations.  

- The Secretary of the Treasury negotiates international trade and financial policies.  

3. The Role of the Vice President in the Cabinet

- The Vice President is officially part of the Cabinet and advises the President.  

- The VP serves as the President of the Senate but only votes in case of a tie.  

- In case of Presidential disability, death, or removal, the Vice President becomes President (25th Amendment).  

4. Independence of the Cabinet Members 

While Cabinet members serve at the pleasure of the President, they do not always agree with or follow Presidential orders.  

- Some secretaries may resign in protest over policies they disagree with.  

- The President can dismiss any Cabinet member at any time.  

5. Importance of the Cabinet in U.S. Governance

- The Cabinet ensures efficient administration by managing federal agencies.  

- It helps shape policies in domestic and international affairs.  

- It serves as the President’s closest group of advisors on critical issues.  

Challenges of the Cabinet System 

- Political Conflicts – Cabinet members may have different views from the President.  

- Lack of Direct Power– Unlike the parliamentary system, Cabinet members do not have independent decision-making authority.  

- Confirmation Process– Some appointments face strong opposition in the Senate.  

Conclusion

The U.S. Cabinet is a key part of the executive branch, helping the President run the government effectively. Although it does not have constitutional authority, it plays a major role in policy-making, law enforcement, and crisis management. Cabinet members serve as the heads of federal departments, ensuring the smooth functioning of the administration.

---------------------------------------------------------------

Federal Legislature of America (Congress) 

Introduction

The Legislative Branch of the United States government is responsible for making laws. It is known as the United States Congress, which is a bicameral legislature (two-house system). The two houses of Congress are:  

1. The Senate – Represents states equally.  

2. The House of Representatives – Represents the population of states.  

Congress operates under Article I of the U.S. Constitution, which outlines its structure, powers, and functions.  

1. Composition of Congress

The U.S. Congress consists of 535 members:  

- 100 Senators (2 per state)  

- 435 Representatives (based on state population)  

Each house has a presiding officer, a term duration, and specific qualifications for membership.  

2. The Senate

2.1 Composition of the Senate  

- The Senate has 100 members (2 Senators from each of the 50 states).  

- Senators serve 6-year terms, with elections held every two years for one-third of the Senate (staggered terms ensure continuity).  

- The Vice President of the United States is the President of the Senate but only votes in case of a tie.  

- The Senate Majority Leader is the most powerful Senator, managing legislative proceedings.  

2.2 Qualifications for Senators  

A person must:  

1. Be at least 30 years old.  

2. Be a U.S. citizen for at least 9 years.  

3. Be a resident of the state they represent.  

2.3 Powers of the Senate  

The Senate has several exclusive powers, including:  

I. Legislative Powers  

- Participates in the lawmaking process, with bills requiring approval from both houses before being sent to the President.  

II. Executive Powers  

- Approves Presidential appointments (e.g., Cabinet members, federal judges, ambassadors).  

- Confirms or rejects treaties negotiated by the President (requires a two-thirds vote).  

III. Judicial Powers 

- Conducts impeachment trials (the House of Representatives brings charges, the Senate conducts the trial).  

- Can remove officials from office with a two-thirds majority vote (e.g., impeachment trials of U.S. Presidents like Andrew Johnson and Bill Clinton).  

IV. Investigative Powers  

- Holds investigations on national issues, including government misconduct and security matters.  

---

3. The House of Representatives 

3.1 Composition of the House  

- The House has 435 members, distributed based on state population.  

- States with larger populations have more Representatives (e.g., California has 52, while Wyoming has 1).  

- Members serve 2-year terms and must seek re-election every cycle.  

- The Speaker of the House (elected by members) is the most powerful leader, controlling legislative proceedings and committee assignments.  

3.2 Qualifications for Representatives

A person must:  

1. Be at least 25 years old.  

2. Be a U.S. citizen for at least 7 years.  

3. Be a resident of the state they represent.  

3.3 Powers of the House of Representatives

I. Legislative Powers 

- The House introduces bills and works with the Senate to pass legislation.  

- Revenue (Taxation) Bills must originate in the House (Article I, Section 7).  

II. Impeachment Powers 

- The House has the sole power to impeach the President, Vice President, and federal officials.  

- Simple majority vote is required to impeach, but removal requires a Senate trial.  

III. Electoral Powers  

- If no candidate wins a majority in the Electoral College, the House elects the President (happened in 1800 and 1824).  

IV. Oversight Powers

- The House monitors the executive branch, investigating government agencies and officials.  

- It can summon witnesses and hold hearings on key national issues.  

---

Conclusion

The U.S. Congress plays a vital role in governance, balancing legislative authority, oversight of the executive branch, and representation of the people. The Senate ensures equal state representation, while the House of Representatives reflects the population's interests. This bicameral system provides checks and balances, preventing the concentration of power in any single branch.

---------------------------------------------------------------------------

FEDERAL JUDICIARY OF AMERICA

The Judicial Branch of the United States is responsible for interpreting and applying laws. It ensures that laws comply with the U.S. Constitution and protects citizens’ rights. The Federal Judiciary in the U.S. is responsible for interpreting and applying federal laws. It functions independently from the Executive and Legislative branches to ensure justice and uphold the U.S. Constitution. 

The Supreme Court is the highest authority in the judiciary.  

1. History of the American Judiciary

The U.S. judicial system was established under Article III of the Constitution (1787), which created the Supreme Court and gave Congress the power to establish lower courts.  

Key Developments in U.S. Judicial History: 

I. Judiciary Act of 1789 – Established the structure of federal courts and district courts.  

II. Marbury v. Madison (1803)– Introduced judicial review, allowing courts to strike down unconstitutional laws.  

III. Judiciary Act of 1891 – Created the U.S. Courts of Appeals, streamlining the appeals process.  

IV. Judiciary Act of 1925– Gave the Supreme Court more control over its case selection.  

2. Types of Judiciary in the U.S.

Past Structure

The U.S. has a dual court system, consisting of:  

1. Federal Judiciary – Handles cases involving federal laws, constitutional issues, and disputes between states.  

2. State Judiciary – Deals with state laws, criminal cases, and civil disputes within states.  

These two system operates under a three-tiered structure, consisting of:

Federal Judiciary Structure: 

- U.S. Supreme Court– Highest court with final authority.  

- U.S. Courts of Appeals (Circuit Courts)– Intermediate appellate courts reviewing lower court decisions.  

- U.S. District Courts – Trial courts handling federal cases.  

State Judiciary Structure:

- State Supreme Court– Highest court in a state.  

- State Courts of Appeals– Intermediate appellate courts.  

- Trial Courts– Handle civil and criminal cases at the local level.  

 Supreme Court of the United States (SCOTUS)

 Composition

- 9 Justices (1 Chief Justice + 8 Associate Justices).  

- Justices are appointed by the President and confirmed by the Senate.  

- Serve for life (can resign or be impeached).  

Role and Powers 

- Interprets the Constitution and ensures laws follow it.  

- Reviews cases from lower courts (federal and state).  

- Can declare laws and executive actions unconstitutional (Judicial Review).  

Jurisdiction of the U.S. Supreme Court

The Supreme Court has two types of jurisdiction:  

I. Original Jurisdiction (Article III, Section 2) 

Cases that go directly to the Supreme Court:  

- Disputes between states.  

- Cases involving foreign diplomats.  

II. Appellate Jurisdiction  

- Most cases reach the Supreme Court through appeals from lower courts.  

- The Court decides which cases to hear (about 100 cases per year out of 7,000+ requests).  

Conclusion  

The American Judicial System ensures justice by balancing federal and state courts. The Supreme Court plays a crucial role in protecting constitutional rights and shaping laws. With its judicial review power, it remains a cornerstone of American democracy.

--------------------------------------------------------------------

JUDICIAL REVIEW IN THE UNITED STATES

Judicial Review is the power of the judiciary to examine laws, executive actions, and government policies to determine whether they comply with the U.S. Constitution. If a law or action is found unconstitutional, it is declared null and void.  

The Supreme Court of the United States (SCOTUS) has the final authority in exercising judicial review, making it a key check on legislative and executive powers.  

1. Origin of Judicial Review in the U.S. 

The concept of judicial review was not explicitly mentioned in the U.S. Constitution. It was established through the landmark Supreme Court case:  

Marbury v. Madison (1803)  

- Chief Justice John Marshall ruled that the Supreme Court had the power to review and nullify congressional acts if they violated the Constitution.  

- This case established the Supreme Court as the ultimate interpreter of the Constitution.  

2. Scope of Judicial Review 

Judicial review applies to:  

1. Legislative Acts – The Supreme Court can invalidate laws passed by Congress if they are unconstitutional.  

2. Executive Actions – Presidential orders and government actions can be reviewed.  

3. State Laws – State laws that conflict with federal law or the Constitution can be struck down.  

4. Judicial Decisions – Lower court decisions can be reviewed for constitutional violations.  

3. Powers and Impact of Judicial Review  

3.1 Powers of Judicial Review  

- Interpreting the Constitution – Ensures laws align with constitutional principles.  

- Checking Government Power– Prevents the Executive and Legislature from exceeding their authority.  

- Protecting Individual Rights – Safeguards civil liberties and fundamental rights.  

4. Limitations of Judicial Review  

4.1. No Self-Implementation – The judiciary cannot enforce its decisions; it relies on the Executive branch.  

4.2. Congressional Power – Congress can amend the Constitution to overturn a Supreme Court ruling.  

3. Public Opinion & Political Influence– Judicial decisions can be influenced by political and social factors.  

Conclusion 

Judicial Review is a cornerstone of American democracy, ensuring that all laws and government actions remain within constitutional boundaries. By interpreting the Constitution, the judiciary plays a vital role in shaping U.S. law, safeguarding civil liberties, and maintaining the balance of power.

--------------------------------------------------------------------

SEPARATION OF POWERS AND CHECKS & BALANCES IN THE UNITED STATES

The U.S. Constitution establishes a government structure based on the separation of powers, dividing authority among three branches:  

1. Legislative Branch (Congress) – Makes laws  

2. Executive Branch (President & Cabinet) – Enforces laws  

3. Judicial Branch (Supreme Court & Federal Courts) – Interprets laws  

To prevent any one branch from becoming too powerful, the system of checks and balances ensures that each branch can monitor and limit the actions of the others.  

1. Separation of Powers  

1.1 Meaning & Purpose  

- Definition: Separation of powers is a constitutional principle that divides government responsibilities among different branches.  

- Purpose: Prevents tyranny, ensures efficiency, and maintains democratic governance.  

1.2 Separation of Powers Among the Three Branches  

Each branch operates independently while remaining interdependent through checks and balances.  

2. Checks and Balances  

2.1 Meaning & Purpose

- Definition: A system that allows each branch to limit the powers of the other branches.  

- Purpose: Prevents one branch from gaining absolute power and ensures government accountability.  

2.2 How Each Branch Checks the Other

A. Legislative Checks On the Executive 

- Can override a presidential veto with a two-thirds majority in both houses.  

- Approves Presidential appointments (Senate confirmation).  

- Can impeach and remove the President.  

- Controls federal spending and budget.  

On the Judiciary  

- Can impeach and remove judges.  

- Senate confirms judicial appointments.  

- Can amend the Constitution to overturn judicial decisions.  

B. Executive Checks  

On the Legislature  

- Vetoes bills passed by Congress.  

- Can call special sessions of Congress.  

- Executive orders can influence how laws are enforced.  

On the Judiciary  

- Appoints federal judges, including Supreme Court Justices.  

- Can pardon federal criminals.  

C. Judicial Checks 

On the Legislature  

- Can declare laws unconstitutional (Judicial Review).  

On the Executive 

- Can declare executive actions unconstitutional.  

- Judges are appointed for life, limiting executive influence.  

3. Importance of Separation of Powers & Checks and Balances 

- Prevents dictatorship – No single branch dominates.  

- Ensures accountability – Government actions are reviewed and balanced.  

- Protects individual rights – Judicial review upholds constitutional freedoms.  

- Maintains stability– Reduces political conflicts and corruption.  

Conclusion 

The separation of powers and checks & balances form the foundation of American democracy. These principles ensure that power is divided, government remains accountable, and laws uphold constitutional values.