Constitution 5 - Separation of Powers Flashcards Preview

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Flashcards in Constitution 5 - Separation of Powers Deck (15):

Powers of House

Elect the president if no candidate has over 50% of ECVs
Begin consideration of all money bills


Powers of President

Commander in chief
Veto legislation


Powers of the Supreme Court

Role of umpire of the Constitution in all cases


Powers of the Senate

Try an impeachment case
Confirm executive appointments
Ratify treaties


Arguments against the separation of powers

Weaker parties


Arguments in favour of the separation of powers

Legislation is a product of compromise
Separated judiciary keeps effective check on other branches
Safeguard against Tyranny


Example of the House's power of impeachment

Bill Clinton 1998


Example of house electing the President

1800 and 1824 when both candidates


Example of the Senate trying an impeachment case

Clinton survived impeachment in 1998 due to strong performance of the Democrats


Example of Senate confirming executive appointments

The failure of the Senate to vote on Obama's nomination of Garland to the SC in 2016, allowed Trump to nominate Gorsuch and influence the ideological balance of the court


Example of Senate ratifying treaties

Obama achieved ratification of the START treaty in 2012.
The Senate rejected Obama's treaty in 2012 on disabled rights


Arguments for the Senate being more prestigious than the House

1. Senators represent the entire state
House members represent only a congressional district
2. Senators enjoy a 6 year term
House members have just 2 year terms
3. Senators are more likely to be President
4. Senators are more likely to obtain a leadership position as there's only 100 of them


Example of Senators representing an entire state vs House member just a district

Feinstein represents the entire state of California
Schliff represents just the 28th Congressional district of California


What is the Separation of Powers

A theory of govt. whereby political power is distributed among three branches of government


Example that powers are separate

Jeff Sessions had to resign from the Senate when Trump made him Attorney general