Hello,
The notion of checks and balances is primary in the constitution; the
framers established them as the first order of business.
Article one of the constitution outlines the powers and
responsibilities of the legislative branch (Senate and House of
Representatives). Section 8 lists specific powers:
To collect taxes, to regulate commerce, coin money, declare war,
establish tribunals, regulate the armed forces, etc.
All federal laws must be passed by both houses.
Article two establishes the powers and responsibilities of the
executive.
Section two states that the president is the commander and chief of
the armed forces, has the power to make treaties and appoint judges to
the Supreme Court.
Section three says the president must “take care that the laws be
faithfully executed.”
Article three establishes the powers and responsibilities of the
judiciary branch, specifically those of the Supreme court, which are
to interpret the laws of the land and to make sure all laws are
constitutional.
So these are the separation of powers that keep certain duties (such
as declaring war and interpreting the law) out of the hands of the
president.
The first three articles also establish checks on each branch.
Article one, section 7 checks the power of the congress to make laws
by requiring the president’s signature on all bills passed by both
houses. This is the president’s veto power. But, the congress can
override the president’s veto with a two-thirds vote in each house.
Thus congress can’t simply pass any law it wants and the president
can’t simply veto any law he wants. Moreover, article three, section
two gives the Supreme Court the power to find any laws passed by the
Congress and President unconstitutional, providing a check on both the
executive and the legislature.
Even though the president has the power to appoint judges (Article 2,
section 2), the congress must approve those nominations.
The President can ask for the power to declare war but the official
declaration can only come from Congress (Article one, section 8). The
Judiciary can deem a declaration of war unconstitutional (Article 3,
section 2).
The President can make treaties but they must be approved by Congress
and can also be deemed unconstitutional by the Judiciary.
Article 1, section 3 also gives Congress the power to impeach the
president.
It is quite clear that the framers were intent upon limiting the
powers of each branch, particularly those of the president.
This is an on-line version of the Constitution.
http://www.law.cornell.edu/constitution/constitution.overview.html
I hope this is helpful,
gitana |
