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When popular election was proposed it had a scant support. In the Constitution they chose to elect presidents by popular vote. Delegates first voted in favor of election by the Senate. They created the Electoral College, which allowed electors to be represented by each state. Each state has a number of representatives. Each elector was allowed to choose two candidates and they were able to send result to Senate. Most popular would be president and runner up. would be vice president, If there was no majority vote it would go to the house where each state had one vote.

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All legislative powers are granted by Congress and it's split into the House of Representatives and the Senate.
- It's mainly responsible for making the country's laws.

A "bill" is first introduced by the House or Senate by a representative, then discussed by a committee that researches it, then passed to the House or Senate for a vote, if it gets the majority of a vote it's then passed to Congress. If all three agree it's then passed to the president to be signed or vetoed.

- Legislative branch grants Congress "enumerated" powers including power to tax, spend, regulate interstate, foreign commerce,  declare war, raise and support armies and of course make laws.
-  House of Representatives is the chamber that is considered to be closer to the people, meaning they're more responsive to the people and their opinions.
- Senate was made to have more contact with electorate of the House, members are expected to make decisions based on experience and wisdom rather than the opinion of the public.
- In addition two the two chambers of Congress the legislative branch also includes agencies, the Congressional Budget Office, the Copyright Office and the Library of Congress.

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At the Constitutional Convention in 1787, the framers of the U.S. Constitution sought to build the foundations of a strong central government. But they also wanted to preserve the liberty of individual citizens, and ensure the government didn’t abuse its power.

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- Main responsibility is to carry out and executing the nation's laws.
- The president's responsibility is to signing the legislation passed by the legislative branch into a law.

The president can also veto a law, but it can get override by a vote of 2/3 vote of two houses

He can also issue executive orders

- The executive branch also is responsible for for conducting diplomacy with other nations.
- The president of the United States is the chief of the executive branch, which also includes the vice president, the president’s cabinet, 15 executive departments and a number of federal agencies, boards, commissions and committees.

The president of the United States is also the head of state and commander-in-chief of the armed forces.

- The Constitution states that the head of the executive branch should serve in 4-year terms and be elected up to two times.

The vice president is also to serve in 4-year terms but can be elected an unlimited amount of time

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The executive branch is one of three primary parts of the U.S. government—alongside the legislative and the judicial branches—and is responsible for carrying

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System of federal courts and judges that interpret laws made by the legislative branch and interpreted by the executive branch.

The Supreme Court is at the top of the judicial branch, which is the highest court of the US.

- In the beginning it was destined to be a sort of a backup for the other two branches in case one failed.
- The framers of the Constitution didn’t elaborate the Supreme Court’s powers , or specify how the judicial branch should be organized, they left all that up to Congress.
- The Judiciary Act of 1789 set up a federal court system and set guidelines for the Supreme Court system, it also established federal courts in each state

The Supreme Court is a key part of the checks and balance system

- The Judicial Review is a process that decides whether a law is constitutional or not

Supreme Court is the ultimate arbiter of constitutionality in the United States, including federal or state laws, executive orders and lower court rulings.

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The judicial branch of the U.S. government is the system of federal courts and judges that interprets laws made by the legislative branch and enforced by the executive branch. At the top of the judicial branch are the nine justices of the Supreme Court, the highest court in the United States.

What Does the Judicial Branch Do?

From the beginning, it seemed that the judicial branch was destined to take somewhat of a backseat to the other two branches of government.

The Articles of Confederation, the forerunner of the U.S. Constitution that set up the first national government after the Revolutionary War, failed even to mention judicial power or a federal court system.

In Philadelphia in 1787, the members of the Constitutional Convention drafted Article III of the Constitution, which stated that: "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

The framers of the Constitution didn't elaborate the Supreme Court's powers in that document, or specify how the judicial branch should be organized-they left all that up to Congress.

Judiciary Act of 1789

With the first bill introduced in the U.S. Senate-which became the Judiciary Act of 1789-the judicial branch began to take shape. The act set up the federal court system and set guidelines for the operation of the U.S. Supreme Court, which at the time had one chief justice and five associate justices.

The Judiciary Act of 1789 also established a federal district court in each state, and in both Kentucky and Maine (which were then parts of other states). In between these two tiers of the judiciary were the U.S. circuit courts, which would serve as the principal trial courts in the federal system.

In its earliest years, the Court held nowhere near the stature it would eventually assume. When the U.S. capital moved to Washington in 1800, the city's planners failed even to provide the court with its own building, and it met in a room in the basement of the Capitol.

Judicial Review

During the long tenure of the fourth chief justice, John Marshall (appointed in 1801), the Supreme Court assumed what is now considered its most important power and duty, as well as a key part of the system of checks and balances essential to the functioning of the nation's government.

Judicial review-the process of deciding whether a law is constitutional or not, and declaring the law null and void if it is found to be in conflict with the Constitution-is not mentioned in the Constitution, but was effectively created by the Court itself in the important 1803 case Marbury v. Madison.

In the 1810 case Fletcher v. Peck, the Supreme Court effectively expanded its right of judicial review by striking down a state law as unconstitutional for the first time.

Judicial review established the Supreme Court as the ultimate arbiter of constitutionality in the United States, including federal or state laws, executive orders and lower court rulings.

In another example of the checks and balances system, the U.S. Congress can effectively check judicial review by passing amendments to the U.S. Constitution.

Selection of Federal Judges

The U.S. president nominates all federal judges-including Supreme Court justices, court of appeals judges and district court judges-and the U.S. Senate confirms them.

Many federal judges are appointed for life, which serves to ensure their independence and immunity from political pressure. Their removal is possible only through impeachment by the House of Representatives and conviction by the Senate.

Since 1869, the official number of Supreme Court justices has been set at nine. Thirteen appellate courts, or U.S. Courts of Appeals, sit below the Supreme Court.

Below that, 94 federal judicial districts are organized into 12 regional circuits, each of which has its own court of appeals. The 13th court, known as the Court of Appeals for the Federal Circuit and located in Washington, D.C., hears appeals in patent law cases, and other specialized appeals.

Supreme Court Cases

Over the years, the Supreme Court has issued controversial verdicts in a number of milestone cases, including:

1819: McCulloch v. Maryland - By ruling that Congress had implied powers under the "necessary and proper" clause in Article I, Section 8 of the Constitution, the Court effectively asserted national supremacy over state authority.

1857: Dred Scott v. Sandford - The Court ruled that a slave was not a citizen, and that Congress could not outlaw slavery in U.S. territories, a debate that would eventually lead to the U.S. Civil War.

1896 - Plessy v. Ferguson - The Court ruled that racial segregation in public places was legal, establishing the "separate but equal" doctrine that would sanction the South's "Jim Crow" laws for the better part of a century.

1954 - Brown v. Board of Education - The Court overturned the "separate but equal" doctrine by ruling that racial segregation in public schools violated the 14th Amendment.

1966 - Miranda v. Arizona - The Court ruled that police must inform criminal suspects of their rights before questioning them.

1973 - Roe v. Wade - By ruling as unconstitutional a state law banning abortion except to save the life of the mother, the Court held that a woman's right to an abortion fell within her right to privacy (as recognized in an earlier case, Griswold v. Connecticut) protected by the 14th Amendment.

2000 - Bush v. Gore - The Court's ruling-that the manual recount of votes ordered by the state of Florida in the hotly contested 2000 U.S. presidential election was unconstitutional-resulted in Texas Governor George W. Bush winning the election over Vice President Al Gore.

2010 - Citizens United v. Federal Election Commission - The Court ruled that the government cannot restrict spending by corporations in political campaigns, because it would be limiting the corporations' rights of free speech under the First Amendment.

Sources

History and Traditions, Supreme Court of the United States.
The Judicial Branch, WhiteHouse.gov.
Federal Judicial History, Federal Judicial Center.
Court Role and Structure, United States Courts.

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The judicial branch of the U.S. government is the system of federal courts and judges that interprets laws made by the legislative branch and enforced by the executive branch. At the top of the judicial branch are the nine justices of the Supreme Court, the highest court in the United States.

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Checks and Balance was created so that one branch wouldn't have power over the other, also known as separation of power, so it gave specific powers to each branch.

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The President of the United States is head of the Executive Branch and he serves as the commander-in-chief of the armed forces but the legislative branch is the one who votes to declare war and appropriates funds for the military.

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When Congress (Legislative Branch) passes a law the President (Executive Branch) then has the power to veto a law. So then the Congress can then override the veto by voting 2/3 of both houses.

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The Judaical Branch can declare a president's action or laws unconstitutional by the Judaical Review.

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Separation of Powers

The idea that a just and fair government must divide power between various branches did not originate at the Constitutional Convention, but has deep philosophical and historical roots.

In his analysis of the government of Ancient Rome, the Greek statesman and historian Polybius identified it as a "mixed" regime with three branches: monarchy (the consul, or chief magistrate), aristocracy (the Senate) and democracy (the people). These concepts greatly influenced later ideas about separation of powers being crucial to a well-functioning government.

Centuries later, the Enlightenment philosopher Baron de Montesquieu wrote of despotism as the primary threat in any government. In his famous work "The Spirit of the Laws," Montesquieu argued that the best way to prevent this was through a separation of powers, in which different bodies of government exercised legislative, executive and judicial power, with all these bodies subject to the rule of law.

The U.S. System of Checks and Balances

Building on the ideas of Polybius, Montesquieu, William Blackstone, John Locke and other philosophers and political scientists over the centuries, the framers of the U.S. Constitution divided the powers and responsibilities of the new federal government among three branches: the legislative branch, the executive branch and the judicial branch.

In addition to this separation of powers, the framers built a system of checks and balances designed to guard against tyranny by ensuring that no branch would grab too much power.

"If men were angels, no government would be necessary," James Madison wrote in the Federalist Papers, of the necessity for checks and balances. "In framing a government which is to be administered by men over men, the great difficulty is this: You must first enable the government to control the governed; and in the next place, oblige it to control itself."

Checks and Balances Examples

Checks and balances operate throughout the U.S. government, as each branch exercises certain powers that can be checked by the powers given to the other two branches.

The president (head of the executive branch) serves as commander in chief of the military forces, but Congress (legislative branch) appropriates funds for the military and votes to declare war. In addition, the Senate must ratify any peace treaties.

Congress has the power of the purse, as it controls the money used to fund any executive actions.

The president nominates federal officials, but the Senate confirms those nominations.

Within the legislative branch, each house of Congress serves as a check on possible abuses of power by the other. Both the House of Representatives and the Senate have to pass a bill in the same form for it to become law.

Veto power. Once Congress has passed a bill, the president has the power to veto that bill. In turn, Congress can override a regular presidential veto by a two-thirds vote of both houses.

The Supreme Court and other federal courts (judicial branch) can declare laws or presidential actions unconstitutional, in a process known as judicial review.

In turn, the president checks the judiciary through the power of appointment, which can be used to change the direction of the federal courts

By passing amendments to the Constitution, Congress can effectively check the decisions of the Supreme Court. But an amendment must either be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of state legislatures. Either way, a proposed amendment only becomes part of the Constitution when ratified by legislatures or conventions in three-fourths of the states (38 of 50 states).

Congress (considered the branch of government closest to the people) can impeach both members of the executive and judicial branches.

Checks and Balances in Action

The system of checks and balances has been tested numerous times throughout the centuries since the Constitution was ratified.

In particular, the power of the executive branch has expanded greatly since the 19th Century, disrupting the initial balance intended by the framers. Presidential vetoes-and congressional overrides of those vetoes-tend to fuel controversy, as do congressional rejections of presidential appointments and judicial rulings against legislative or executive actions.

Executive orders, official directives issued to federal agencies by the president, are powers afforded to the executive branch that do not require congressional approval. They are not directly provided for inthe U.S. Constitution, but rather implied by Article II, which states that the president "shall take Care that the Laws be faithfully executed." Executive orders can only push through policy changes; they cannot create new laws or appropriate funds from the United States treasury.

Overall, the system of checks and balances has functioned as it was intended, ensuring that the three branches operate in balance with one another.

Roosevelt and the Supreme Court

The checks and balances system withstood one of its greatest challenges in 1937, thanks to an audacious attempt by Franklin D. Roosevelt to pack the Supreme Court with liberal justices. After winning reelection to his second term in office by a huge margin in 1936, FDR nonetheless faced the possibility that judicial review would undo many of his major policy achievements.

From 1935-36, a conservative majority on the Court struck down more significant acts of Congress than any other time in U.S. history, including a key piece of the National Recovery Administration, the centerpiece of FDR's New Deal.

In February 1937, Roosevelt asked Congress to empower him to appoint an additional justice for any member of the Court over 70 years of age who did not retire, a move that could expand the Court to as many as 15 justices.

Roosevelt's proposal provoked the greatest battle to date among the three branches of government, and a number of Supreme Court justices considered resigning en masse in protest if the plan went through.

In the end, Chief Justice Charles Evans Hughes wrote an influential open letter to the Senate against the proposal; in addition, one older justice resigned, allowing FDR to replace him and shift the balance on the Court. The nation had narrowly averted a constitutional crisis, with the system of checks and balances left shaken but intact.

The War Powers Act and Presidential Veto

The United States Congress passed the War Powers Act on November 7, 1973, overriding an earlier veto by President Richard M. Nixon, who called it an "unconstitutional and dangerous" check on his duties as commander-in-chief of the military.

The act was created in the wake of the Korean War and during the Vietnam War and stipulates that the president has to consult Congress when deploying American troops. If after 60 days the legislature does not authorize the use of U.S. forces or provide a declaration of war, soldiers must be sent home.

The War Powers Act was put forth by the legislature to check the mounting war powers exercised by the White House. After all, President Harry S. Truman had committed U.S. troops to the Korean War as part of a United Nations "police action." Presidents Kennedy, Johnson and Nixon each escalated the undeclared conflict during the Vietnam War.

Controversy over the War Powers Act continued after its passage. President Ronald Reagan deployed military personnel to El Salvador in 1981 without consulting or submitting a report to Congress. President Bill Clinton continued a bombing campaign in Kosovo beyond the 60-day time in 1999. And in 2011, President Barack Obama initiated a military action in Libya without congressional authorization. In 1995, the U.S. House of Representatives voted on an amendment that would have repealed many of the Act's components. It was narrowly defeated.

State of Emergency

The first state of emergency was declared by President Harry Truman on December 16, 1950 during the Korean War. Congress did not pass The National Emergencies Act until 1976, formally granting congress checks on the power of the president to declare National Emergencies. Created in the wake of the Watergate scandal, the National Emergencies Act included several limits on presidential power, including having states of emergency lapse after a year unless they are renewed.

Presidents have declared almost 60 national emergencies since 1976, and can claim emergency powers over everything from land use and the military to public health. They can only be stopped if both houses of the U.S. government vote to veto it or if the matter is brought to the courts.

Sources

Checks and Balances, The Oxford Guide to the United States Government.
Baron de Montesquieu, Stanford Encyclopedia of Philosophy.
FDR's Losing Battle to Pack the Supreme Court, NPR.org.
State of Emergency, New York Times, Pacific Standard, CNN.

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Checks and Balances - Definition, Examples & Constitution

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Checks and balances refers to a system in U.S. government that ensures no one branch becomes too powerful. The framers of the U.S. Constitution built a system that divides power between the three branches-legislative, executive and judicial-and includes various limits and controls on the powers of each.

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The Amendment Process is talked about in the Article V part of the Constitution.

The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).

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The authority to amend the Constitution of the United States is derived from Article V of the Constitution. After Congress proposes an amendment, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is charged with responsibility for administering th…

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Right of freedom of religion, speech and press
"Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances."
- I think this is one of the most important amendments in our Constitution because many people who migrated to the United States came to escape religious persecution. So this gave people freedom to choose what to believe as well as it gave people a voice to have the freedom of speech and press to state their opinions. Even till this day there are still countries who don't have this freedom and I think some of us take it for granted but it's the most important amendment to me.

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Protection of Rights of Life, Liberty, and Property
"No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation."
- This is the second amendment that I think is most important because it gives a citizen a sense of security because the government can't deprive one of their life, liberty and property without their consent. As well as it protects a criminal from being trialed again once acquainted which does have pros and cons to that.

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National Center for Constitutional Studies

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*Congress of the United States

begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution. RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz. ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Frederick Augustus Muhlenberg Speaker of the House of Representatives John Adams, Vice-President of the United States and President of the Senate.

Attest, John Beckley, Clerk of the House of Representatives. Sam. A. Otis Secretary of the Senate. *On September 25, 1789, Congress transmitted to the state legislatures twelve proposed amendments, two of which, having to do with Congressional representation and Congressional pay, were not adopted. The remaining ten amendments became the Bill of Rights.

Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

A well-regulated M ilitia being necessary to the security of a free State, the right of the people to keep and bear A rms shall not be infringed.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.

No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.

Amendment 6
- Rights of Accused Persons in Criminal Cases

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.

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Preamble to the Bill of Rights *Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

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When the Constitutional Convention almost came close to collapsing because of the structure of the legislative body the Connecticut delegation offered a compromise that saved the project. By proposing to having a proportional representatives in the House of Representatives by equal representation by the state in the senate. So that voting by state by a single vote.