the judicial review is a power of the supreme court to interpret the constitution and declare laws unconstitutional
how does gridlock and government shutdown occur?
this happens when the two houses of congress cannot reach an agreement on revenue for the federal government. political parties are often so polarised that they do not compromise
how does the executive interact with the judicial branch?
appoints all supreme court and federal level justices
issues pardons and commutations
how does the executive interact with the legislative?
can veto bills
can issue executive orders
as commander in chief they can issue military action without the approval of congress
how does the judicial branch interact with the executive?
can declare presidential actions unconstitutional
justices serve for life and cannot be replaced by subsequent presidents
how does the judicial branch interact with the legislative branch?
can rule acts of congress unconstitutional
justices are permanent and cannot be removed by straightforward congressional votes
how does the legislative branch interact with the judicial branch?
impeachment
can pass new laws to get around some court rulings
can increase the size of the supreme court
how does the legislative branch interact with the executive branch?
can override veto
senate must confirm executive appointments
senate must approve foreign treaties
impeachment
controls the purse
power to declare war
why is the separation of powers significant?
each branch is clearly checked and limited by the other two
with security of tenure the judiciary can be a vital defender of civil liberties and entrenched rights
no person can serve simultaneously in both the executive and congress
why is the separation of powers non significant?
a president with a supportive supreme court can wield a lot of power
few judiciaries in the world are as politicised as SCOTUS
the vice president is also senate president and has the casting vote in the event of a tie
what are the strengths of checks and balances
needing a super majority stops the congressional veto being used all the time
judicial review prevents the president from abusing their power
checks and balances prevent one. branch from having too much power
what are the weaknesses of checks and balances
presidents can pardon or commutateur convicts and its normally for personal gain
executive orders are used to circumvent congress
executive appoints all federal justices
president is more likely to be checked than the other branches
where do we see the current balances of power?
ability to legislate in a wide range of areas include local taxes and access to abortions
the issue of the death penalty is mostly state bases
presidential election and the electoral college
states run and conduct elections - primaries and caucuses
democrats and republicans each have their own limits today