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Concept Version 9
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Checking the Power of the Governing Party

The legislative branch can significantly affect the power of the governing party by employing a series of checks and balances.

Learning Objective

  • Describe the relationship between the political parties and a system of checks and balances


Key Points

    • The Democratic and Republican Parties can check the power of the governing executive party by holding the majority of seats in the legislative branch of government, also known as the Congress.
    • The system of checks and balances prevents any one branch of government from becoming too powerful. However, this system can also prevent progress when one party is in office and another party occupies the majority of legislative seats.
    • The legislative branch can check the power of the governing party by overriding presidential vetoes, starting investigations with the executive branch, ratifying treaties signed by the president, confirming presidential appointments, and having the power to impeach.

Terms

  • divided government

    A situation in which one political party controls the White House while another party controls the majority of the Congress

  • executive branch

    The branch of government that oversees the carrying out of the laws, led by the president.

  • checks and balances

    A system for multiple parties wherein each has some control over the actions of each of the others.

  • legislative branch

    The branch of government which is concerned with the making of laws; made up of the House of Representatives and the Senate, collectively known as the Congress


Full Text

Checking the Power of the Governing Party

The Democratic and Republican Parties can check the power of the governing party by holding seats in the legislative branch of the government. The legislative branch of the United States government is composed of the Senate and House of Representatives. The Senate has the power to consider presidential appointments of judges and executive department heads. It also has the ability to ratify treaties. The House of Representatives has the ability to impeach and the Senate may remove executive and judicial officers. The legislative branch can also check the governing party by starting investigations against the executive branch. The House and Senate may, additionally, override presidential vetoes and have the sole power to declare war.

If one political party holds the executive branch of government then another political party can check the power of the executive branch by holding a majority of seats in the legislative branch . Several examples exist throughout history of this scenario. One such example can be found from the Obama administration in 2010. While the Democratic Party occupied the executive branch, the Republican Party held the majority of seats in the legislative branch. This division of parties between the executive and legislative branches impairs the ability of the president to enact policies, since the legislative branch must first approve these policies. At the same time, the president can veto legislation passed by Congress. The tendency of the Democratic Party to embrace a more active government role in the lives of citizens versus the tendency of the Republican Party to favor limited government intervention in citizens' lives, highlights the difficulties that arise when a divided government exists.

Congress

The U.S. Congress holds legislative power.

Checks and Balances

While the checks and balances system between the executive, legislative, and judicial branches prevents any one branch from becoming tyrannical, this system has also been criticized for maintaining the status quo in government rather than promoting changes. There is a strong possibility for disagreement and conflict within the legislature and between the branches.

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