Public Law - Separation of Powers II - USA - the 'Model'
- Created by: Alasdair
- Created on: 13-11-20 03:05
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- Separation of Powers II - USA - the 'Model'
- Constitution of US firmly based on presenting separation of powers between different branches of state
- One of aims of framers of US constitution was to avoid dominance of executive, which was one of problems perceived with UK constitution
- Executive branch
- Made up of President, Vice President, members of President's Cabinet and various government departments and agencies
- Under constitutional duty to ensure 'laws faithfully executed'
- Members of executive cannot not also be members of Congress
- means no overlap in personnel between executive and legislative branches of state.
- Neither President nor his advisers may sit in Congress, or take part in Congressional votes and debates
- Minor exception
- Vice President is President of Senate and allowed to vote to break tie
- Minor exception
- President
- cannot sit in Congress or vote on legislation
- sets legislative agenda as head of Federal Government
- done each January in 'State of Union' address, outlines areas he hopes Congress will legislate
- Has right to veto legislation passed by Congress
- Congress may override with specified majority vote
- President
- Commander-in-chief of armed forces but cannot make declaration of war
- Nominates judges to become members of Supreme Court
- May serve maximum of two-four year terms of office
- May be impeached (ie removed from office) by Congress for acts of 'treason, bribery or other high crimes and misdemeanors'
- Legislative branch
- Congress consists of Senate and House of Representatives
- Senate
- Made up of two members from each state
- Senators
- Subject to election every six years
- One-third of senators being elected in every two-year cycle.
- Must ratify President's nominations for members of Cabinet, Supreme Court judges, and for all other federal judges; international treaties must be ratified here
- House of Representatives
- 435 members
- Number of members from each state determined by population of state
- All members subject to election every two years
- Congress
- controls federal budget and is responsible for enacting legislation
- If President vetoes legislation which has been passed by Congress, Congress may override with two-thirds majority
- Congress may impeach President, Vice President and Judges of Supreme court for 'treason, bribery or other high crimes and misdemeanors
- e.g. In 1974, Nixon served 'articles of impeachment'
- Resigned before trial could take place
- e.g. In 1974, Nixon served 'articles of impeachment'
- Congress
- May amend constitution with two-thirds majority (together with support of 3/4 of individual states
- Has power to declare war
- Judicial branch
- Made up of various federal courts, but particularly Supreme Court
- Supreme Court
- Function to settle disputes arising under law and constitutions of USA
- Judges nominated by President but must be approved b Senate
- Judges hold office until die or retire or impeached by Congress
- May strike down either actions of executive or legislation enacted by Congress
- If such actions or legislation are unconstitutional
- Marbury v Madison (1803)
- Supreme Court affirmed doctrine of judicial review, establishing courts' authority to declare unconstitutional acts of legislative or executive branches of state
- Played pivotal role in development and interpretation of US constitution
- e.g. Brown v Board of Education of Topeka (1954)
- Supreme Court outlawed segregated schools in landmark decision that gave rise to civil rights movement.
- e.g. Brown v Board of Education of Topeka (1954)
- Constitution of US firmly based on presenting separation of powers between different branches of state
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