Checks and Balances Flashcards
What checks and balances to the Supreme Court have?
They can rule an act unconstitutional
They can rule presidential actions unconstitutional
What checks and balances does Congress have?
The congress can pass, reject or amend legislative proposals
Power of the purse
The senate ratifies treaties (2/3 majority)
Congress can declare war
Senate confirms major presidential appointments
Congress can override a presidential veto (2/3 majority in both houses)
Congress can impeach and remove a President for ‘high crimes and misdemeanours’
What checks and balances does the Executive have?
The President can propose legislation
The President can veto bills passed by congress
The President can call special sessions of Congress
The President is the commander-in-chief of the armed forces
Which treaty was not ratified by the Senate in 2013?
The UN arms Trade Treaty
A treaty to say that countries can not sell arms to terrorists
How can Presidents get around the requirement to have senate ratify a treaty?
Just use Executive agreements as Obama did when normalising relations with Iran and Cuba in 2015
When was the last time Congress declared war?
Not since WW2 has congress officially declared war
Vietnam only a ‘conflict’
What is emolument?
Profiting from the Presidency
How does the impeachment process work?
The House impeached the president
The senate tried the President
Has there ever been a successful impeachment?
No
Only two presidents have been impeached and both were acquitted at trial (Bill Clinton)
Nixon resigned before he could be impeached
How many of GWB’s presidential vetoes were overridden?
4 out of 12
How many of Obama’s presidential vetoes were overridden?
1 out of 12
JASTA
Justice against sponsors of terrorism act
Out of 2500 Presidential vetoes how many were overridden?
108
Overriding a presidential veto is very hard to do
How can congress use the power of the purse to control the President?
Control by not allocating funds
In 1995-6 Clinton and Congress battled over the budget
In 2013 the Federal Govt shut down for three days
Obama couldn’t close Guantanamo bay
When does the President propose legislation
The state of the Union address
Only figure with a national mandate
What percentage of legislation comes from the executive branch?
75%
Give an example of the Supreme Court striking down an unconstitutional act
US v Lopez
Struck down gun free zones around schools
What does the President being commander in chief mean?
Can conduct foreign policy without the approval of congress
Give an example of when congress rejected a Presidents legislative proposals completely
Clintons Healthcare reforms in 1992-3
What happened with GWB’s appointment of Harriet Miers?
She had never been a judge
The senate judiciary committee sent back her application and told her to fill it in properly
She withdrew her application
Name a rejected appointment
John Tower 1989
Usually senate approves as bad appointments have to withdraw
Name a dodgy appointment that was approved
Betsy Devos
Which political philosopher inspired the framers to take up the separations of powers?
Montesquieu
Describe the separation of powers?
Separate institutions sharing power
Allows limited government and freedom from tyranny
Can a person be in two branches of government?
No way!
President Barak Obama had to give up his senate seat in 2008 and Al Gore had to resign from the senate to become VP in 1992
Why do some people think that SCOTUS doesn’t have enough checks on it’s power?
No appeal against its ruling and only a constitutional amendment or further ruling can change its decisions
They are unelected judges
Act too politically (Bush v Gore 200)
They can basically rewrite constitution (Roe v Wade 1973)(Engel v Vitale 1962)
- these possibly should have been settled by amendment not the SC
How long did congress shut down for in 2013?
16 days
Power of the purse
When was the first time a senate nomination had to be decided by the Vice President?
Betsy Devos education secretary
50/50
Mike Pence got her in
She was not really of high calibre, makes a mockery of senate confirmation
Why do checks and balances exist?
To stop tyranny
Separated institutions sharing power can limit effective government but stops tyrannical behaviour.
When was the first time a senate nomination had to be decided by the Vice President?
Betsy Devos education secretary
50/50
Mike Pence got her in
She was not really of high calibre, makes a mockery of senate confirmation
Why do checks and balances exist?
To stop tyranny
Separated institutions sharing power can limit effective government but stops tyrannical behaviour.
Who came up with the concept of checks and balances?
Montesquieu
When does the President state his legislative goals?
The state of the union address, this is a check on congress
How long was the 2013 budget shutdown?
16 days
What was the 2018 shutdown about?
DACA
How many times did GWB veto the Farm bill 2008
Twice
Then congress overturned him
Took a year to pass it
Why does Supreme Court rulings not always work?
Can be easily ignored as no power of enforcement
Hamdan v Rumsfeld 2006
Brown v the Board 1954
The fact that congress needs to pass legislation means that when controversial things pass they have a lot of legitimacy in the USA. Give an example of this?
The repeal of ‘don’t ask don’t tell’ allowing gay army members to be honest about their sexuality
Passed in lame duck session 2010
Name a popular bill that didn’t pass due to separation of powers?
Manchin Toomey
