Checks & Balances

Front 1

the constitution is a check on what? how? informal or formal?

Back 1

formal. checks the legislature. the bill of rights, the rule of law, statues, and other liberty enhancing amendments, protect certain “unalienable rights”.

Front 2

bicameralism is a check on what? how/what is it? formal or informal?

Back 2

formal. checks the legislature. bills must clear both houses of congress in identical form b4 they can be sent to the pres to sign. note: the senate was designed originally to be a check on the HoR. the house would reflect the will of the ppl and the senate would be the more contemplative house.

Front 3

congressional rules check what? how/what are they? formal or informal?

Back 3

informal. checks the legislature. each house governs the behavior of its own membership. each house has ethics rules and committees to provide oversight and due process to rule breakers.

Front 4

the congressional budget office (CBO) checks what? how? informal or formal?

Back 4

informal. checks the legislature. it’s a nonpartisan congressional agency charged with reviewing congressional budgets and other legislative initiatives with budgetary implications

Front 5

veto power is a check on what? how? informal or formal?

Back 5

formal. checks the legislature. states that the pres may reject a bill passed by both houses

Front 6

the bully pulpit checks what? how? formal or informal?

Back 6

informal. checks the legislature. states that the pres can appeal directly to the Am ppl whenever he chooses simply by calling a press conference.

Front 7

signing statements check what? how? informal or formal?

Back 7

informal. checks the legislature. allows the pres to issue a “signi statement” when they sign a bill into law. pres use these statements to point out aspects of the bill with which they agree or disagree.

Front 8

executive orders check what? how? informal or formal?

Back 8

informal. checks the legislature. they enable the pres to by-pass congress and, essentially, make law. a pres can act more swiftly than congress.

Front 9

executive agreements check what? how? formal or informal?

Back 9

informal. checks the legislature. enables the pres to by-pass the senate and make agreements w foreign leaders that are as legitimate as treaties.

Front 10

noncompliance is a check on what? how? formal or informal?

Back 10

informal. checks the legislature. allows the pres to invoke “national security” or “executive privilege” when sensitive materials are subpoenaed by congress. pres often refuse to hand over internal white house docs, thwarting the will of congress.

Front 11

recess appointments check what? how? formal or informal?

Back 11

formal. checks the legislature. allows the pres to fill federal vacancies while congress isn’t in session. these apps are not subject to senatorial consent through the end of the next session of congress.

Front 12

judicial review is a check on what? how? informal or formal?

Back 12

informal. checks the legislature. allows federal courts to declare acts of congress (laws) unconstitutional, null, void etc. it’s an inherent power.

Front 13

elections check what? how? formal or informal?

Back 13

informal. check the legislature. makes congressmen/women answer to the voters.

Front 14

interest groups check what? how? informal or formal?

Back 14

informal. check the legislature. they educate voters about candidates, legislatures, and issues. they oppose rules and regulations they don’t agree with.

Front 15

media checks what? how? informal or formal?

Back 15

informal. checks the legislature. used to educate voters and influence public opinion.

Front 16

political parties check what? how? informal or formal?

Back 16

informal. check the legislature. the party out of power performs the watchdog function on members of the majority party.

Front 17

what are linkage institutions? give examples

Back 17

institutions that connect the ppl with their gov. ex.) elections, interest groups, pol parties, media.

Front 18

federalism checks what? how? informal or formal?

Back 18

informal. checks the legislature. competition by the states and fed gov is reg and often intense, each jealously guarding its own power. state ambition places a significant check on the power of the fed gov

Front 19

impeachment is a check on what branch? formal or informal? what is it?

Back 19

checks executive branch. formal. HoR can impeach or formally charge a pres for crimes he may have committed. the pres is presumed innocent until proven guilty. a trial is held in the senate. note: it can also check the judiciary informally. (pretty much the same way)

Front 20

removal is a check on what branch? formal or informal? what is it?

Back 20

executive branch. formal. it’s when pres has been impeached and the senators decide on whether or not the pres should be removed from office. (the senators act as jurors)

Front 21

override is a check on what branch? formal or informal? what is it?

Back 21

executive branch. formal. with a 2/3 vote in both houses, congress can override a pres veto.

Front 22

“advice and consent” is a check on what branch? formal or informal? what is it?

Back 22

executive branch. formal. the senate gives “advice and consent” to the pres regarding his judicial and executive appointments. individuals (judges, diplomats, cabinet officers, etc) appointed by the pres must be confirmed by a majority of the senators b4 they can start working.

Front 23

congressional oversight is a check on what branch? formal or informal? what is it?

Back 23

executive branch. informal. bc congress has the “power of the purse,” congress has the power to oversee the executive branch to make sure they’re spending the money the way congress intended.

Front 24

who is the attorney general?

Back 24

he upholds the rule of law and constitution. he does not have the pres back necessarily and is there to prosecute the pres if need be.

Front 25

the inspector general office (IG) is a check on what branch? formal or informal? what is it?

Back 25

executive branch. informal. they make sure gov officials aren’t using computers for bad things

Front 26

the special prosecutor is a check on what branch? formal or informal? what is it?

Back 26

executive branch. informal. while conducting oversight hearings and investigations into executive conduct, criminal behavior may be alleged. congress can ask the attorney gen to appoint a special prosecutor to investigate executive wrong-doing

Front 27

the government accountability office (GAO) is a check on what branch? formal or informal? what is it?

Back 27

executive branch. informal. they make sure that money is in order and may audit (check the books) executive departments and agencies.

Front 28

judicial checks are a check on what branch? formal or informal? what is it?

Back 28

executive branch. informal. states that fed courts may declare an act of the pres (like an executive order) unconstitutional, rendering it null and void.

Front 29

executive checks are a check on what branch? formal or informal? what is it?

Back 29

judicial branch. formal. it’s where the pres appoints all fed judges, including all SC justices

Front 30

who is the solicitor general?

Back 30

appointed by the pres. he’s a law officer that argues cases b4 the SC (he’s always on the US side)

Front 31

congressional checks are a check on what branch? formal or informal? what is it?

Back 31

checks the judiciary. informal. the senate must confirm all fed judicial appointments. the congressional record is kept and the opinions of legislators are taken into account when a law is challenged in the courts. the intent of congress matters to judges when they try to determine what a law means.

Front 32

removing from the bench is a check on what branch? formal or informal? what is it?

Back 32

judiciary. informal. it’s when the senators ultimately decide whether or not the judge under impeachment should be removed.

Front 33

stare decisis is a check on what branch? formal or informal? what is it?

Back 33

judiciary. informal. “to stand by things decided” judges are bound by rules and precedents (past court rulings). stability in law is an important goal of the judiciary as they favor evolutionary change over revolutionary change.

Front 34

stability is a check on what branch? formal or informal? what is it?

Back 34

judiciary. informal. “if it’s not broken don’t fix it” judges are more likely to uphold a precedent (previous court ruling” than to overrule or create a new law

Front 35

workability is a check on what branch? formal or informal? what is it?

Back 35

judiciary. informal. if an exisiting precedent (court ruling) is no longer workable due to a major shift in social mores, a precedent will likely be overruled.

Front 36

settled expectations is a check on what branch? formal or informal? what is it?

Back 36

judiciary. informal. “it’s always been this way” if ppl have come to expect some activity as being w/in their rights, the likelihood that the courts will overrule the precedent is slim to none.

Front 37

predictability is a check on what branch? formal or informal? what is it?

Back 37

judiciary. informal. the more times a precedent is re-affirmed by the court, the less likely it’ll be reversed in the future.

Front 38

the american bar association is a check on what branch? formal or informal? what is it?

Back 38

judiciary. informal. they grade judicial appointments, rating them as either qualified or unqualified for the job.

Front 39

amicus briefs are a check on what branch? formal or informal? what is it?

Back 39

judiciary. informal. individuals and interest groups can file amicus briefs (“friend of the court”) with the fed courts wherein the ppl argue their case.