checks on US Presidency Flashcards
Impeachment
Congress impeached trump in 2019 and 2021. Clinton in 1998 and Johnson in 1868, BUT NONE WERE REMOVED.
Impeachment requires a 2/3 majority in senate
Power of the purse
In 2018 there was the Largest government shutdown ever (35 days) as trump was unable to agree on an appropriations bill for the new fiscal year.
As a result 9 executive departments with 800,000 employees shut down, affecting 1/4 of government activities costing the us government about 11 billion
Veto override
2016 Congress overrides Obamas veto for the ‘Justice for the Response of Terrorism Act’ which was an act that enabled the family of the Victims of 9/11 to sue saudi arabian governments. Obama feared the implications to foreign relations and vetoed it. his veto was overriden with a 2/3 majority vote
Approval of Nominees
Bush Nominated Harriet Miers as Justice in 2006. congress was Sceptical of her due to her lack of qualifications/credentials as she did not have enough judicial experience to sit in court. so Her nomination was withdrawn
in 2016 Obama nominated Merrick Garland. the republican dominated senate refused to hold nomination hearings arguing that the vacancy should be filled by the next president in the 2016 election. so vacancy was filled by Gorsuch instead
Committee (oversight): Allows congress to monitor and the selective branch’s actions, ensuring accountability and preventing an abuse of power
Standing Committee (house oversight and accountability committee)
Power to Declare war
Senator Bernie Sanders introduced a bill to invoke war powers resolution to end US support for Saudi led intervention in Yemen in 2019. This was approved by the house and senate
BUT IT WAS VETOED BY TRUMP IN 2019
Approval/ratification of Treaties
In 2012, Congress rejected Obamas treaty in the UN on the ‘Rights of persons with disabilities’. The failure to ratify came from concerns by congress as to how this could infringe on the sovereignty of us laws, arguing the US provided adequate protection
for the rights of disabled people.
The comprehensive nuclear test ban treaty 1996 was signed by president clinton but failed to be ratified by congress out of concerns for ‘national interest’ and strategic interests.
Judicial review (SCOTUS) 1)Boudemine V bush 2008
The court ruled that the detainees/foreign nationals in Guatanamo bay have the constitutional right to challenge their detention through right of Habeus Corpus petitions in us federal courts
The decision emphasised the importance of judicial review/ role of the judiciary in checking the actions of the executive.
Judicial review 2) NLRB v Canning 2014
Addressed the constitutionality of recess appointments made my obama.
Obamas appointments to the National Labour Relations Board were unconstitutional as they made during a 3 day break in the senates sessions. this exceeded the presidents recess appointment powers.
reinforces congress’ role in the conformation process and establishing limits on executive authority.
Judicial review 3)trump v Mazars 2020,
Legal dispute on the releasing of Trumps financial records. The court clarified that the president is not immune to subpoenas, but can raise concerns due to separation of powers.
This judicial review underscores SCOTUS’ role in balancing legal considerations and checking the presidents actions
Judicial Review 4) NFIB V OSHA 2022
A case in the application of bidens vaccine mandate on all businesses with 100 or more employees. US court of appeals in the 5th circuit court issued a stay, meaning the mandate did not go into effect. The court argued this infringed upon the rights of businesses
Elections- the people
Presidents subject to the scrutiny of the public, which determines whether they are re-elected. e.g Trump in 2020 lost the election for his second term. Bush in 1992 and Jimmy carter in 1980
committee - Senate Intelligence Committeeʼs
The Senate Intelligence Committeeʼs investigation into Russian Interference in the 2016 US presidential election shows the detailed scrutiny performed by Congressional committees. The investigation lasted 3 years, with the committees interviewing over 200 witnesses and producing a report which was 1,313 pages long. The report didnʼt find a criminal conspiracy between Russia and the Trump campaign.
committee - Senate Intelligence Committeeʼs
The Senate Intelligence Committeeʼs investigation into Russian Interference in the 2016 US presidential election shows the detailed scrutiny performed by Congressional committees. The investigation lasted 3 years, with the committees interviewing over 200 witnesses and producing a report which was 1,313 pages long. The report didnʼt find a criminal conspiracy between Russia and the Trump campaign.
committee- oversight and reform (aoc)
In September 2023, the committee held a high profile hearing on whether the US government was covering up the existence of aliens. In particular, they questioned former US intelligence officer and whilstleblower David Grusch who claimed the US government had a number of crashed UFOs and was covering it up.
committes ineffective
The United States House Select Committee on Events Surrounding the 2012 Terrorist Attack in Benghazi, for example, was set up in 2014 by a Republican House of Representatives.
It can be argued that it was partly set up to blame and damage the likely Democrat presidential candidate in 2016 Hillary Clinton, who was Secretary of State at the time of the attack, but found little evidence.
not allowing them to pass legislative angenda
Bidenʼs 2023 State of the Union Address, he implored Congress to pass policing reform, immigration legislation, codify abortion rights and cap the price of insulin for all at $35/month.
Due to the House of Representatives being controlled by the Republican Party which opposes these policies, none of them have had any traction, demonstrating that the separation of powers and system of checks and balances effectively checks Presidential power.
DREAM act
they can force through domestic policy
Trump signed 220 executive orders when President, including a number of very high profile ones early in his Presidency that had a profound influence on US government policy.
At the end of his first week as President, Trump issued executive order 13769 called Protecting the Nation from Foreign Terrorist Entry into the United States, which placed a 3 month ban on entering the US for citizens from 7 majority Muslim countries, as well as a 4 month ban on refugees.
Bushʼs response to 9/11 through executive orders, especially the creation of the Department of Homeland Security
signing statements: bush 2005 “treatment of detainees allowed for enhanced interring ration techniques
Article I, Section 8 of the Constitution. This authority allows Congress to decide whether the United States will engage in formal warfare.
A historic use of this power was the Congressional declaration of war against Japan in 1941, following the attack on Pearl Harbor, leading the U.S. into World War II.
POTP during war
In 2019, for example, Congress voted to block or limit military aid and arms sales to Saudi Arabia in response to the humanitarian crisis in Yemen and the killing of journalist Jamal Khashoggi.
This action by Congress was a direct response to the Trump administration’s foreign policy, which had continued to support Saudi Arabia with arms sales and military assistance.
congress inserting itself in foreign policy issues
2015, Israeli Prime Minister Benjamin Netanyahu was invited by Congressional leaders to address a joint session of Congress (which had a Republican majority in both chambers), a move widely interpreted as a challenge to President Obamaʼs ongoing negotiations with Iran over its nuclear program.
executive agreements.
President Obama entered two important international agreements without Senate ratification: The Iran Nuclear Deal in 2015 and the Paris Climate Agreement in 2016.
executive agreements.
President Obama entered two important international agreements without Senate ratification: The Iran Nuclear Deal in 2015 and the Paris Climate Agreement in 2016.
