framework of the constitution

• why do they need a referee?

  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