Checks and Balances Flashcards
checks by congress on the president
what are they?
there are 6
- legislation
- veto override
- power of the purse
- declaration of war
- ratification of treaties senate only
- ratification of appointments senate only
checks by congress on the president
legislation
- congress can create, amend, delay and even reject legislation Eg.in 2020 during Trump’s state of union address, he said 100 miles of southern border wall had been built, but the US border with Mexico is almost 2000 miles long. Congress continuously denied Trump’s border wall plans. Eg. Biden struggled to get Build Back Better through
checks by congress on the president
veto override
with 2/3 in both houses, congress can override a presidents veto, forcing a bill into law. Recent presidents are rarely defeated this way. But:
Eg. George W. Bush had 12 vetoes, 4 were overriden.
Eg. Obama’s veto of the Justice Against Sponsors of Terrorism Act suffered a bipartisan defeat on Sept. 23. 2016
checks by congress on the president
power of the purse
consolidated appropriations act 2022
congress had the right to raise national taxes, and spend the money raised for the government. This prevents the president from spending money without consent from elected representatives.
Eg. the ‘appropriations clause’ in Article 1 explains money can’t be allocated for federal policies. Article 1 also states appropriations bills, that deal with tax/sepdning should originate from the HOUSE. Failure to pass appropriations bills can lead to a government shutdown due to lack of spending.
Eg. the consolidated appropriations act 2022 passed with only hours until a midnight deadline, getting agreement on this $1.5 trillion package, at 2741 pages and including $13.6 billion Ukraine aid, was very challenging.
checks by congress on the president
declaration of war.
- only congress can formally declare war on another nation
- been used 11 times (last time joining world war 2 in 1942)
- congress has been asked to authorize the use of troops, most commonly through AUMFs (authorization for use of military force)
- Eg. the AUMF that followed 9/11 was used by every subequent president to justify their actions in conflicts in 14 countries since 2001. It was repealed in 2021
checks by congress on the president
ratification of treaties
senate only
requie 2/3 vote (67 senators) to be approved.
eg. the strategic arms reduction treaty in 2010 passed with 71-26 senators.
the senate has only ever rejected 22 treaties, and they can also abstain, which has happened 37 times
checks by congress on the president
ratification of appointments
senate only
1200 posts require senate approval by a simple majority approval.
eg. John Tower rejected for Secretary of Defense in 1989 following allegations of alcholism and womanising
- Eg. the senate is currently going through the process of hearings for Robert F Kennedy, jr. before the financial committee (1st) and the Health, Education, Labor and Pensions Committee.
checks by congress on the supreme court
what are they?
there 4
- impeach justicies
- propose a constitutional amendmnent
- creation of a lower court
- ratify judicial appointments senate only
checks by congress on the supreme court
impeaching justices
- only happened once in the supreme court, Eg. Samuel Chase found ‘not guilty’ of arbitrary and oppressive trials in 1805.
- 8/15 impeached judges have been found guilty
- Eg. Samuel Kent resigned before a verdict could be reached in 2009 and thomas porteous was found guilty of bribery and making false statements in 2010.
checks by congress on the supreme court
propose a constitutional amendment
if congress changes the constitution, a ruling of the supreme court can effectively be overturned.
- Eg. when the 16th amendment was adopted in 1913 allowing for federal income tax to be levied, after the supreme court ruled to deny this in pollock v. farmers loan and trust co 1895
checks by congress on the supreme court
creation of lower courts
- eg. the military commissions act 2006, which tried to remove the courts power to hear cases from guantanamo detainees, was ruled unconstitutional in boumediene v. bush 2008
checks by congress on the supreme court
ratification of judical appointments
senate only
- presidents appoint judges with similiar ideologies to them
- Eg. the senate did not ratify Merrick Garland or allow him to have hearings at the senate judicary committee
checks by the president on congress
what are they?
theres 3
- suggest legislation
- sign/veto legislation
- commander in chief of the armed forces
checks by the president on congress
suggesting legislation
- annual state of the union address
- eg. Biden fought for his 3 part build back better plan throughout his first year in response to covid
checks by the president on congress
signing or vetoing legislation
- legislation either becomes law or is returned to congress to amend, overrideo or fail. eg. Bush and Obama used the veto 12 times during their presidency, the threat alone can be enough to present congress from sending it to the president (obama’s vetoes included the presidential allowance modernization act of 2016)
- Eg. 75% of veto threats issued by Obama and Bush led to the threatened legislation not passing
checks by the president on congress
commander in chief
stationing, moving troops, and weapons
eg. Trump ordered an air strike in 2020 on Baghdad Airport resulting in the death of General Qasem Soleimani
checks by the president on the judicary
what are they?
theres 2
- power of the pardon
- nominating judicial appointments
checks by the president on the judicary
power of the pardon
- the president can excuse someone for a federal crime
- eg. Trump recently pardoned more than 1500 capitol riot related cases on his first day as president
checks by the president on the judicary
nomination of judicial appointments
Eg. Trump appointed conservative Amy Coney Barrett, a pro-lifer which resulted in a substantial conservative majority in the court.
checks by the supreme court
what is it?
theres only 1 ..
Judicial review
- i.e. ruling whether acts of congress or the president are unconstitutional. Eg. District Judge John Coughenour has recently blocked Trumps executive order on birthright citizenship changes
Eg. Boumediene v. Bush (2008) the court effectively checked both the president and congress at once, ruling the military commissions act passed by congress unconstitutional and allowing the detainees to challenge their detention in US courts
