checks and balances

Question 1

what are the 7 checks by congress on the president

Answer 1

• legislation
• ratify appointments
• veto override
• power of the purse
• declaring war
• impeachment
• ratification of treaties

Question 2

explain the ability congress has over the president about legislation with an example

Answer 2

• congress can create, amend, delay or even reject legislation proposed by the president at the state of union address which is where the president outlines their legislative agenda for the year
• in every SoU address from 2010-15, Obama asked congress to pass immigration reform but this was never actually passed by the time he left office

Question 3

explain the ability congress has over the president about veto override, with an example

Answer 3

• once congress passes a bill, the president has to sign it to become law or they can veto it
• congress can vote to override this veto with a 2/3 supermajority agreement in both houses
• veto override of Obamas veto of the Justice Against Sponsors of Terrorism Act –> only one person voted no to the veto override and 2 senators not voting

Question 4

explain the ability congress has over the president about power of the purse

Answer 4

• congress has the right to raise taxes and spend money, prevents presidents from spending without consent of congress
• can also reject a budget submitted by the president

Question 5

example of congress’ power of the purse over the president

Answer 5

• December 2018, congress could not agree with Trump on a budget because the Democrat majority in the House disagreed with the Presidents funding measure on border security
• led to a shut down of 35 days, the longest ever

Question 6

explain the ability congress has over the president about being able to declare war

Answer 6

• the president is commander in chief so can move troops around but congress is the only branch that can formally declare war on another nation

Question 7

give an example of congress’ power over the president about being able to declare war

Answer 7

• example = 1941 when the US declared joining WW2 after the attack on Pearl Harbour
• largely ineffective now as the president often use their power as commander in chief to sideline congress
• War Powers Act 1973 gives congress the right to withdraw troops after 60 days if congress had not voted to approve action

Question 8

explain the power congress has over the president over impeachment with an example

Answer 8

• senate can impeach a president or members of the executive branch for treason, bribery or other high crimes
• a two-thirds majority (67 out of 100 senators) is required for conviction.
• trump impeached x 2, first time over abuse of power with withholding aid to Ukraine to ensure he’d win the election, incitement of insurrection after January 6th US Capitol attacks

Question 9

explain the power congress has over the president over being able to ratify treaties

Answer 9

• senate has to approve treaties that have been negotiated by the president by a 2/3rd majority vote
• senate can choose not to ratify a treaty and if one does not get 2/3rds majority then it is not passed
• check on the presidents power as chief diplomat

Question 10

give an example of congress’s power over the president of being able to ratify treaties

Answer 10

approving the Treaty of Peace with Japan in 1951
This treaty formally ended World War II between Japan and the Allied Powers.

Question 11

explain the power congress has over the president that it can ratify appointments with an example

Answer 11

• there are 1200 posts that require senate approval by a simple majority
• example = Amy Coney Barrett to the Supreme Court in October 2020, confirmed by a vote of 52-48

Question 12

explain the power congress has over the Supreme Court that it can impeach judges with an example

Answer 12

• same process as impeaching the president
• Thomas Porteous was found guilty of bribery and making false statements

Question 13

explain the power congress has over the SC that they can propose a constitutional amendment with an example

Answer 13

• congress rules whether an issue is in line with the constitution, by changing the Constitution, a SC ruling can be overturned
• only one time –> 16th amendment grants Congress the authority to issue an income tax without having to determine it based on population.

Question 16

explain the check the president has over congress that they can suggest legislation, with an example

Answer 16

• they can suggest legislation annually to congress at the state of union address which outlines the presidents legislative agenda for the year
• Trump asking congress for more money to build the wall in Mexico
• Obama, immigration reform from 2010-15, never actually passed during his time in office

Question 17

explain the check the president has over congress that they can sign or veto legislation with an example

Answer 17

• president has to sign off all legislation passed through congress and can choose not to approve it, Obama and Bush vetoed 12 pieces of legislation each
• this can be overridden by congress in a 2/3rds majority vote

Question 18

explain the check that the president has as commander in chief of the armed forces over congress with an example

Answer 18

• the president can decide stationing and movement of troops and use of military weapons
• Obama sought approval for Syria “I have authority to carry out this military action without specific congressional authorisation”

Question 19

explain the check the president has over the judiciary about power of the pardon, with an example

Answer 19

• president has the constitutional right to grant reprieves and pardons (to excuse someone of a federal crime)
• Obama pardoned Chelsea Manning, who had served 7 years for stealing state secrets as well as 330 non-violent drug offenders

Question 20

explain the power the president has over the judiciary that they can nominate judges

Answer 20

• this is the presidents way of shaping the court, in the same way that congress can shape the SC via ratification or rejection of the presidents nominees

Question 21

explain the check by the Supreme Court on the president and congress of judicial review

Answer 21

• they can rule whether an act of congress or the president is in line with the constitution or not
• can make the action null and void do they no longer have any legal effect

Question 22

give an example of judicial review

Answer 22

Brown v. the Board of Education (1964) where the US Supreme Court provided a judicial review that segregation in public schools was illegal and would no longer be allowed

Question 23

give 4 advantages of checks and balances

Answer 23

• create BIPARTISANSHIP and the need for cross party compromise
• effective during DIVIDED GOVERNMENT
• they do not allow any branch to dominate the government and preserve a LIMITED GOVERNMENT
• allows for the supreme court to play a key role

Question 24

give 5 disadvantages of checks and balances

Answer 24

• lead to GRIDLOCK and prevents effective decision making