Lesson 6 of 11
Who does what — and who can stop whom.
Separation of powers means the three jobs of government live in three branches so no single branch can make the law, carry it out, and judge people under it.
Legislative (Congress) makes laws. Executive (president and agencies) enforces laws. Judicial (courts) interprets laws and settles cases. Memory hook: make, enforce, interpret.
The House has 435 voting members, apportioned by population, elected every two years. You must be 25, a citizen for 7 years, and live in the state. The House starts revenue (tax) bills and can impeach (formally accuse) officials.
The Senate has 100 members, two per state, elected every six years. You must be 30, a citizen for 9 years, and live in the state. The Senate tries impeachments, confirms appointments, and approves treaties. A treaty needs a two-thirds vote of the senators present.
Remember: Impeach is the charge (House). Conviction and removal happen in the Senate, which needs a two-thirds vote.
The president must be a natural-born citizen, at least 35, and a resident for 14 years. The term is four years. The 22nd Amendment limits a person to two elected terms. Powers include veto, pardon (forgiveness for federal crimes), commander in chief, and the state of the union.
Federal judges serve during good behavior, which usually means for life, so they are not punished for unpopular but lawful decisions. The Supreme Court has original jurisdiction in a few cases (like disputes between states) and appellate jurisdiction in most of the cases it hears.
Judicial review, from Marbury v. Madison, is the power of courts to strike down laws and executive acts that conflict with the Constitution.
The president can veto a bill. Congress can override that veto with two-thirds of both houses.
The president nominates judges and cabinet officers. The Senate confirms them. The president negotiates treaties. The Senate ratifies them.
Congress can impeach and remove the president or judges. Courts can declare laws or executive actions unconstitutional. Congress can propose amendments to undo a court interpretation, and the Senate can refuse a nominee.
Only Congress can declare war, but the president commands the troops. The power of the purse belongs to Congress: it decides spending.
Remember: Separation = jobs are split. Checks = each branch can limit the others.