1	Checking Power With Power Separation of powers is a misnomer. No precise line is or could be drawn between the three branches. The Constitution separates organs of government; it fuses functions and powers Checks and balances. 1.Each branch has a role 2.Politically independent 3.Majority of voters can win control over only part of government at one time. 4.Independent national courts.
2	Modifications of Checks and Balances The rise of national political parties. Expansion of the electorate and changes in electoral methods.-Direct primaries, referendums, recall Establishment of agencies deliberately designed to exercise legislative, executive, and judicial functions. Changes in technology. The emergence of presidential power.
3	Interpreting the Constitution Judicial review: Federalist Papers Marbury v. Madison (1803) Court could not enforce an unconstitutional law (Section 13 of Judiciary Act) Chief Justice John Marshall Reasoned that judges should interpret the Constitution Judicial review became established due to this case A single person may challenge an existing law The British and American systems: Majority party leaders serve in cabinet
4	The Constitution as an instrument of government A. Congress: Impeachment and removal power Article I- The sole power of impeachment is given to the House; The sole power to try impeachment is given to the Senate (conviction by two-thirds vote) Article III-exempts from jury trial Article I- from the president’s pardoning power Only two presidents have been impeached- Andrew Johnson(1868), Bill Clinton(1998) Clinton-Perjury 45 for conviction,55 against Obstruction of Justice-50/50
5	The Constitution as an instrument of government B. Presidential practices Executive privilege/executive orders executive privilege is the power (reserve power) claimed by the President of the United States and other members of the executive branch to resist certain search warrants and other interventions by the legislative and judicial branches of government. The concept of executive privilege is not mentioned in the United States Constitution, but some consider it to be an element of the separation of powers doctrine, and/or derived from the supremacy of executive branch in its own area of Constitutional activity.
6	Presidential practices The Supreme Court confirmed the legitimacy of this doctrine in United States v. Nixon, but only to the extent of confirming that it can be invoked when the oversight of the executive would impair that branch's national security concerns. An executive order in the United States is a directive issued by the President, the head of the executive branch of the federal government.
7	Presidential practices US Presidents have issued executive orders since 1789. There is no Constitutional provision or statute that explicitly permits this, aside from the vague grant of "executive power" given in Article II, Section 1 of the Constitution and the statement "take Care that the Laws be faithfully executed" in Article II, Section 3. Impoundment of funds Send armed forces into hostilities Right to propose legislation to Congress
8	Amending the Constitution Proposing amendments—the Congress. Two-thirds vote of both houses Ratifying amendments—the States (three-fourths of states) 27 amendments