Checks and Balances Examples Flashcards
2018-2019 35-day Government Shutdown
Congress couldn’t agree on budget, Republican Senate passed a budget without Trump’s Mexico wall funding ($5.7 billion) and House wouldn’t. Complicated further as House became Democratic in Jan 2019.
In Feb, Trump declared a National emergency regarding immigration, allowing Department of Defense funds to be allocated to his border wall
Impeachment Examples
Trump 2019 (over abuse of power and obstruction of congress) - acquitted by Senate
Trump 2021 (over involvement in Jan 6th Riots) - 10 House Republicans voted for it, Senate voted 57-43 to convict Trump, failing to reach the 2/3 majority required constitutionally
Biden 2023 (inquiry) - initiated Sept. by Republican house speaker Kevin McCarthy, not yet found evidence of alleged ‘corruption’
2017 Trump Travel Ban
- Restricted admission of citizens from seven Muslim majority countries for 90 days
- Executive order 13769 faced federal court challenges which limited its effect (Washington V Trump 2017)
- Trump issued another executive order (13780) to bypass the restrictions put on the original by the courts
President’s power of appointment being checked or not by congress?
2016 - Senate didn’t approve Obama’s SC nomination Garland saying it was too late in his term yet in 2020 Trump’s appointment Amy Comey-Barrett was allowed 4 months before the end of his term
Trump appointed Neil Gorsuch (2016), Brett Kavanaugh (2018), Amy Coney-Barrett (2020) [ALL CONSERVATIVES]
Judicial Checks on Congress
- 2010: Citizens United V FEC, McCain-Feingold reforms that limited corporate and union campaign financing ruled as unconstitutional
Ineffectiveness of Checks on Judiciary
- One of the few checks is overruling the Supreme Court through constitutional amendment (not done since 1913 where 16th Amendment allowed for a federal income tax contrary to an 1896 ruling)
- Impeachment ineffective, only ever successfully done in 1824 with Samuel Chase
