👩🏾‍⚖️Supreme Court Unit 6 – Separation of Powers: Checks & Balances

Key Principles

• Separation of powers divides the federal government into three distinct branches: legislative, executive, and judicial
• Each branch has its own specific powers and responsibilities outlined in the Constitution
• The system of checks and balances gives each branch ways to limit the power of the other branches
  • Prevents any single branch from becoming too powerful and dominating the others
• Federalism divides power between the federal government and state governments
  • States retain powers not specifically granted to the federal government in the Constitution
• Rule of law means that everyone, including government officials, must follow the law
  • Prevents abuse of power and arbitrary rule
• Judicial review allows the Supreme Court to declare laws and executive actions unconstitutional
  • Established in the landmark case Marbury v. Madison (1803)

Historical Context

• The Founders were influenced by Enlightenment thinkers like Montesquieu who advocated for separation of powers
• Experience with British rule and colonial governments shaped the Founders' views on limited government
  • The British monarchy was seen as having too much unchecked power
• The Articles of Confederation, the first U.S. constitution, created a weak central government
  • Its failures led to calls for a stronger federal government with checks and balances
• Debates at the Constitutional Convention focused on how to divide power between branches
  • The Connecticut Compromise created a bicameral legislature with representation based on population (House) and equal representation for states (Senate)
• Ratification debates centered on concerns about a strong federal government and the need for a Bill of Rights
  • Federalist Papers, written by Hamilton, Madison, and Jay, defended the Constitution's checks and balances

Constitutional Framework

• Article I establishes the legislative branch (Congress) and outlines its powers
  • Includes power to make laws, declare war, levy taxes, and regulate commerce
• Article II establishes the executive branch (President) and outlines its powers
  • Includes power to enforce laws, command the military, make treaties, and appoint officials
• Article III establishes the judicial branch (Supreme Court and lower courts) and outlines its powers
  • Includes power to interpret laws and hear cases involving federal law and the Constitution
• Amendments have modified the balance of power between branches over time
  • 12th Amendment changed the process for electing the President and Vice President
  • 22nd Amendment limited Presidents to two terms in office
• The Necessary and Proper Clause (Article I, Section 8) gives Congress implied powers to fulfill its duties
• The Supremacy Clause (Article VI) establishes that the Constitution and federal laws are the supreme law of the land

Three Branches of Government

• Legislative Branch (Congress) consists of the Senate and the House of Representatives
  • Makes federal laws, declares war, regulates the armed forces, controls taxing and spending
• Executive Branch is headed by the President and includes the Vice President and Cabinet
  • Enforces federal laws, commands the military, conducts foreign policy, nominates federal judges
• Judicial Branch consists of the Supreme Court and lower federal courts
  • Interprets the meaning of laws, applies laws to individual cases, determines if laws violate the Constitution
• Independent agencies (e.g. Federal Reserve) have regulatory power and exist outside the three main branches
• Each branch has ways to check and balance the power of the other branches
  • Congress can override a presidential veto, impeach officials, and reject appointments
  • The President can veto legislation and nominate judges
  • The Supreme Court can declare laws and executive actions unconstitutional

Checks and Balances in Action

• Legislative checks on the executive include the power to override vetoes, impeach officials, and reject appointments
  • Congress has impeached and removed federal judges, but no sitting President
• Legislative checks on the judiciary include the power to confirm judicial nominees and amend the Constitution
  • Controversial nominees like Robert Bork have been rejected by the Senate
• Executive checks on the legislature include the veto power and the ability to call special sessions of Congress
  • Nearly all Presidents have used the veto power at some point
• Executive checks on the judiciary include nominating judges and granting pardons
  • Some pardons, like Ford's pardon of Nixon, have been controversial
• Judicial checks on the legislature include the power to declare laws unconstitutional (judicial review)
  • Supreme Court has struck down many laws, like those in Marbury v. Madison (1803) and Brown v. Board of Education (1954)
• Judicial checks on the executive include the power to declare executive actions unconstitutional
  • Supreme Court limited executive power in cases like Youngstown Sheet & Tube Co. v. Sawyer (1952)

Landmark Supreme Court Cases

• Marbury v. Madison (1803) established the principle of judicial review
  • Allowed the Supreme Court to declare laws unconstitutional
• McCulloch v. Maryland (1819) affirmed the supremacy of the federal government over states
  • Upheld the power of Congress to create a national bank under the Necessary and Proper Clause
• Youngstown Sheet & Tube Co. v. Sawyer (1952) limited presidential power during wartime
  • Ruled that President Truman exceeded his authority by seizing steel mills during the Korean War
• United States v. Nixon (1974) led to the release of the Watergate tapes and Nixon's resignation
  • Established that the President is not above the law and can be compelled by subpoena
• Morrison v. Olson (1988) upheld the constitutionality of independent counsels
  • Allowed investigations of high-level executive officials, like the Iran-Contra affair
• Bush v. Gore (2000) decided a disputed presidential election in favor of George W. Bush
  • Demonstrated the Supreme Court's role in resolving constitutional crises

Modern Challenges and Debates

• The growth of the administrative state has blurred the lines between branches
  • Executive agencies like the EPA have quasi-legislative and quasi-judicial powers
• The rise of party polarization has led to gridlock and power struggles between branches
  • Divided government often leads to standoffs over budgets, appointments, and oversight
• The power of the President has expanded over time, especially in foreign policy and national security
  • "Imperial Presidency" thesis argues that Presidents have too much unchecked power
• The role of money in politics, especially after Citizens United v. FEC (2010), raises concerns about corruption
  • Super PACs and dark money groups can spend unlimited funds to influence elections
• The confirmation process for federal judges has become increasingly partisan and contentious
  • Nominees are often selected based on ideological litmus tests rather than qualifications
• Some argue that the Supreme Court has become too politicized and has exceeded its constitutional role
  • Calls for judicial restraint, term limits, or changes to the nomination process

Impact on Governance

• Separation of powers and checks and balances can lead to gridlock and slow the policymaking process
  • Major legislation often requires bipartisan compromise and can take years to pass
• However, the system also prevents hasty or ill-considered laws and protects individual rights
  • Slows down the "tyranny of the majority" and gives minority views a voice
• The veto power allows the President to block laws and shape the legislative agenda
  • Pocket vetoes can kill legislation without the possibility of an override
• Judicial review allows the courts to serve as a check on unconstitutional laws and executive actions
  • But can also lead to charges of "judicial activism" if courts are seen as making policy
• Impeachment is the ultimate check on abuse of power, but has been used sparingly
  • Only two Presidents (Andrew Johnson and Bill Clinton) have been impeached by the House, but neither was removed by the Senate
• The system of separated powers has proven resilient over time, surviving many challenges and crises
  • Has prevented the concentration of power in any one branch or individual