Eleanor Finch
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group wields too much power. The California Constitution, like other state constitutions, is bound to the principles and actions authorized by the federal Constitution. Therefore, it is likely that the California Constitution also has a system of checks and balances.
| Characteristics | Values |
|---|---|
| Separation of Powers | The Constitution divides the Government into three branches: legislative, executive, and judicial. |
| Checks and Balances | Each branch can check the powers of the other branches and prevent any one branch from having too much power. |
| Legislative Branch | The legislative branch makes laws, but the President can veto those laws. |
| Executive Branch | The President is the head of state and leader of the federal government. The executive branch is responsible for the day-to-day enforcement and administration of federal laws. |
| Judicial Branch | The judicial branch can declare laws unconstitutional and overturn them. |
| Appointments and Treaties | The President needs the Senate's consent to appoint executive officers, judges, or enter into treaties. |
| Impeachment | Congress has the authority to remove the President from office and root out corruption in the other branches. |
| War Powers | Congress has the explicit power to declare war, preventing the executive from unilaterally engaging in military conflicts. |
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What You'll Learn
Separation of powers
The US Constitution divides the federal government into three distinct, coequal branches, namely the legislative, executive, and judicial branches. This separation of powers ensures that no individual or group will have too much power.
The legislative branch, composed of Congress (the Senate and House of Representatives), is tasked with making laws. However, the executive branch, led by the President, can veto those laws using a Presidential Veto. The legislative branch can also remove the President from office in exceptional circumstances. The executive branch is responsible for the day-to-day enforcement and administration of federal laws through federal agencies and departments.
The judicial branch, including the Supreme Court, can declare laws made by the legislative branch unconstitutional and overturn them. The President nominates the Justices of the Supreme Court, and the Senate confirms them, creating a dual-consent process that maintains a balance of power.
The separation of powers and checks and balances system allows each branch to respond to the actions of the others and prevent any one branch from accumulating excessive power.
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The legislative branch
The California State Legislature is in session year-round, with a recess after the organizational meeting until the first Monday in January. The Legislature has provided a live video feed for its sessions since the 1990s, and it is broadcast statewide on the California Channel and local public access television cable TV.
In California, the legislative branch has specific responsibilities and powers outlined in the state constitution. For instance, the constitution prohibits the legislature from granting divorces or establishing corporations with special acts. It also requires the legislature to enact statutes prohibiting banking privileges for certain entities and mandates that all votes in the legislature be conducted via voice vote.
Overall, the legislative branch of California operates within a system of checks and balances, ensuring that power is distributed and controlled by multiple entities to prevent any single branch from having absolute control.
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The executive branch
The California executive branch consists of a large number of employees, with a total of 227,536 employees excluding California State Universities as of 2004. The California Department of Human Resources, created in 2012, oversees the state's civil service system. The state government is organized into many departments, which have been grouped into several large Cabinet-level agencies, also known as superagencies. These superagencies are headed by secretaries and include the California Business, Consumer Services and Housing Agency, the California Government Operations Agency, the California Environmental Protection Agency, the California Health and Human Services Agency, and the California Labor and Workforce Development Agency. The California Highway Patrol is also part of the executive branch and is headed by a commissioner.
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The judicial branch
The California Constitution establishes a system of checks and balances, dividing the government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no one branch has absolute control.
The Superior Courts have general jurisdiction to hear and decide on civil and criminal cases that are not designated to other courts or governmental agencies. Each of California's 58 counties has a Superior Court with one or more judges, and these courts also have appellate divisions to hear appeals from decisions of other Superior Court judges.
The Courts of Appeal were added to the judicial branch by a constitutional amendment in 1904. They hear appeals from lower courts and can review and overturn their decisions if they find legal errors or misinterpretations of the law.
The State Supreme Court is the highest court in California and has the final say on interpreting the state's laws and constitution. It also have original jurisdiction in a few specific cases, such as when a judge or other public official needs to be removed from office.
To ensure the integrity and accountability of the judiciary, California has established the Commission on Judicial Performance. This independent state agency, created in 1960, is responsible for investigating complaints of judicial misconduct and incapacity and disciplining judges. The Commission is composed of 11 members, including judges, attorneys, and public members, appointed by various branches of the government, ensuring a diverse and representative body.
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Preventing overreach
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no individual or group will have too much power.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional. The executive branch, through the Federal agencies, has responsibility for the day-to-day enforcement and administration of Federal laws.
The Constitution allows the President to veto legislation, but requires the President to gain the Senate's consent to appoint executive officers and judges or enter into treaties. The power to declare war is reserved explicitly for Congress, preventing the executive from unilaterally engaging in military conflicts without legislative approval. The President nominates officials and the Senate confirms them, creating a dual-consent process that prevents the executive branch from unilaterally filling key positions.
Beyond these constitutional mechanisms, various laws and regulations further embed checks into the system, such as the War Powers Resolution of 1973 and the Budget and Impoundment Control Act of 1974. Effective checks and balances require active participation and vigilance from all three branches, as well as from the American populace.
The Founding Fathers designed this system to be dynamic, adaptable, and resilient, ensuring that no single entity could dominate the governance of the Republic. One significant contemporary threat to the separation of powers is executive overreach, exemplified by the growth of the administrative state. Executive agencies have accumulated powers that traditionally belong to the legislative and judicial branches.
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Frequently asked questions
Checks and balances is the separation of power to prevent one entity or body from wielding too much power. It is a system of rules and procedures to reduce mistakes, prevent improper behaviour, or decrease the risk of centralisation in an organisation.
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. This ensures that no individual or group will have too much power.
The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The executive branch is responsible for the day-to-day enforcement and administration of Federal laws. The judicial branch can declare laws made by the legislative branch unconstitutional.
The Appointments Clause is a provision in the US Constitution that ensures appointments to positions of significant authority within the federal government receive scrutiny and consent from multiple branches. It creates a dual-consent process that prevents the executive branch from unilaterally filling key positions.
The War Powers Resolution of 1973 and the Budget and Impoundment Control Act of 1974 are laws that further embed checks and balances into the US system of government. The power to declare war is reserved explicitly for Congress, preventing the executive branch from unilaterally engaging in military conflicts without legislative approval.
