American Politics Today - Essentials (3rd Ed)

AN EXAMPLE

During the war on terror, concerns

arose that President Bush and the

executive branch had assumed too

much power—especially the unilateral

power to disregard due process rights

for suspected terrorists. In response,

Congress checked the president by

passing an anti-torture law and holding

hearings to determine if the Department

of Justice had acted illegally. The

Supreme Court limited the president’s

power by ruling that the executive

branch violated the rights and liberties

of suspected terrorists, but the president

and Congress responded to limit the

scope of the Court’s ruling.

IN THE CONSTITUTION

If one branch tries to assert too

much power, the other branches have

certain key powers that allow them

to fight back and restore the balance.

(In addition to the powers noted in

the diagram, the Congress also can

impeach the president and remove

him or her from office.)

Congress passed

an anti-torture law

and held hearings.

The Court ruled

that the executive

violated the rights of

suspected terrorists.

EXE

CUTIVE

LEGISLATIVE JUDICIAL

The Senate confirms the

president’s nominations.

Congress can impeach and

remove judges from office.

The Court interprets the

laws passed by Congress.

The Senate approves

presidential nomina-

tions, and Congress

can pass laws over the

president’s veto.

President

nominates

judges.

President can

veto congressional

legislation.

The Court interprets

actions by the

executive.

IN THE

CONSTITUTION

AN EXAMPLE

SU

PRE

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NGRESS

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BUSH

CHECKS AND BALANCES

Answers: 1.c; 2.a

1 2

POP

QUIZ!

How can the president (the executive branch)

stop Congress (the legislative branch) from

asserting too much power?

a by declaring laws unconstitutional

b by impeaching members of Congress

c by vetoing legislation

d by holding hearings

e through nominations

How did the Supreme Court "check" the

Bush administration in the cases involving

the rights of terror suspects?

a by declaring presidential/executive

branch acts unconstitutional

b by impeaching the president

c by passing legislation

d through nominations

e through ratification

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