10 mark section A Flashcards
how president can overcome congressional opposition
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One way in which a president can overcome congressional opposition is through executive orders that allows the president to direct federal officials to take certain actions and push through policy changes
for example, Donald Trump used an executive order on a border wall with Mexico and called on homeland security to use elements of already-available funds in order to begin construction.
These orders allow for the president to get around congressional opposition as it allows them to still have influence over legislation as they can be extensive with Biden issuing over 50 executive orders.
Another way a president can overcome congressional opposition is through presidential vetos.
This is a power giving them power over legislation as it allows them to have a final say over legislation
for example, Obama only had 1 out of 12 of vetoes overridden allowing them to be seen to overcome congressional opposition.
They also can use pocket veto’s to overcome congressional opposition. This is where a president ignores a bill for 10 days in which if congress goes into recess the bills dies however, this is heavily reliant on the congressional timetable but still allows for a president to overcome restraints as presidents have a 93% success rate for veto’s.
Senate limiting presidential power
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One way the senate can limit the powers of the president is through their power of the purse outlined in article 1 section 9 of the constitution
giving senate the power to originate revenue and appropriations bills such as tax and government spending effectively allowing them to control the control of funds and influence government priorities due to spending
for example, this power can be said to have helped end the Vietnam war through the foreign assistance act of 1974 that suspended all federal spending for the war.
Therefore, this power can limit the president as the president has little control over spending to avoid a tyrannical president.
Another way in which the senate can limit the powers of the president is their power to ratify treaties negotiated by the president.
This needs a super majority but allows senate to limit powers as the president must consult and seek approval for treaties and executive appointments
for example, in 2012 the senate voted to reject the UN convention on the rights of persons with disabilities as well as the treaty of Versailles 1919.
This power is outlined in article 2 of the constitution stating “with the advice and consent of senate” allowing this power to be codified in limiting the president.
two individual powers of senate
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One bespoke power of senate is their ability to ratify treaties. This is a power outlined in article 2 of the constitution stating “with the advice and the consent of the senate” meaning that the president must consult and seek approval for treaties and executive appointments. This codified power allows senate to place constraints on the executive to avoid a tyrannical president for example, in 2012 the senate voted to reject the UN convention on the rights of persons with disabilities.
Another bespoke power of the senate is their ability to confirm federal appointments made by the president. This power only needs a simple majority with having a united or divided government having a large role on if an appointment gets approved for example, Obamas appointment, Merrick Garland was denied as the republican senate wouldn’t confirm the appointment whereas they accepted Trumps appointment for the same position 422 days later.
individual powers of HOR
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One bespoke power of the house of representatives is their power of the purse. This is outlined in section 1 article 2 of the constitution allowing the house to have power to originate revenue and appropriations bills such as tax and other government spending. This allows them to influence government priorities due to being able to effectively control the allocations of funds for example, the house threatened this power to withhold 10% of federal funds for highways on any state that didn’t raise their legal drinking age to 21. This power can avoid a tyrannical president as they don’t have control over the purse for example, in 2018 there was a federal shutdown as the house refused to pass planned budgets proposed by trump.
They have a second power to charge cases of impeached outlined under article 2 section 4. They can bring charges of impeachments after a trial carried out by the house judiciary committee to which the house then votes on impeachment. This power allows them to have control over the president and avoid a tyrannical president as it ensures a president doesn’t act “ultra vires” for example, President Clinton was impeached on two counts of perjury and obstruction of justice in 1998.
Committees scrutinising president
One-way congressional committees can scrutinise the president is through the standing committee’s ability to subpoena witnesses. This allows scrutiny of the executive as they can conduct investigations into areas which need to be improved through subpoenaing witnesses to legally come and answer questions or provide evidence within a hearing allowing for better scrutiny as ministers are forced to attend allowing for detailed investigations for example, the house in 2020 used this power to subpoena on trump over the 2020 capitol riots.
Another way congressional committees can scrutinise the executive is through select committee’s high media attention and publicity. These committees are temporary created for a specific purpose to conduct investigations into areas that standing committees don’t cover. This allows for scrutiny over the executive as these committees often allow their findings to be public as well as televised creating better oversight as it allows for transparency of the executive to the public while also influencing public opinion shaping legislation. For example, the house select committee on Benghazi’s findings were publicised and allowed for insight on the executive handled the attack.
vice president powers
One role of the Vice President is that they have been granted the power to break a tie in a tie vote in the senate, for example, Dick Cheney casted a tie breaking vote in April 2001 to pass Bush’s 1.6 billion tax cut. However, this is not used very often as within 28 years between 1981-2009 Vice Presidents were called upon only 19 times to break tied votes. This was done 8 times by Dick Cheney, 7 times by George H.W Bush and 4 times by Al gore. A recent example of a Vice President breaking a tie vote is in 2017 with Mike pence using a tie breaker vote to confirm Devos nomination as secretary for education and then later to defund planet parenthood.
Another role of the Vice President can be said to have increased the importance and power of becoming a VP, they can now become president upon the death, removal or resignation of the current president, while this is rare this has happened 9 times with 4 from natural death and one from resignation by Nixon in 1974 with Gerald Ford taking office due to Nixon leaving office before becoming impeached, Ford then lost to Jimmy Carter in 1977. This power led to John Adams stating, “I am nothing, but I may be everything.”
congress performing representative role
One-way members of congress can perform their representative role is through holding meetings or surgeries in their local constituents. This plays a representative role as the house of representatives is an elected body and as they will want to be re-elected there is an expectation they will help with their constituents needs and wants that can be identified through meetings and surgeries and helped to be represented within congress to reflect legislation for example, the house of representatives push for certain legislation such as abortion to be made illegal in Texas as it is what their constituents feel strongly about to uphold what their constituents wants and beliefs are within the government.
Another way congress can perform its representative role is through debates. This power allows them to play a representative role as they can introduce legislation into their legislatures that are long-standing wants and needs of constituents while also being able to debate legislation on behalf of their constituents needs. This can be known as pork-barrel politics in the house of representatives as members will seek to debate legislation that will benefit their constituents for example, Tip O’Neill, speaker of the house, sought to get federal government to fund a highway project which eventually cost $15 billion is his constituency.
pressure groups influencing congress
One way pressure groups can influence members of congress is through campaign contributions and fundraising. These groups often donate money to political campaigns or engage in fundraising activities on behalf of the candidates they support as their policies align with the groups interests. These donations influence members of congress who are running for presidency as each candidate has to provide the funds for their campaigns by themselves for example, in 2008 Obama raised $778 million for his campaign, he had multiple pressure groups supporting him such as the American federation of teachers.
Another way pressure groups can influence members of congress is through issuing advocacy to shape public opinion on specific policy issues using social media and organising grassroots campaigns while mobilising constituents to contact their representatives. This influences members of congress as itll make members align their views with the preferences of their constituents in order to get re-elected.
