ETVT checks and balances in the Constitution are effective

Question 1

Point 1: Checks and balances are able to prevent the concentration of power

Answer 1

• Congress has the power to overide presidential vetos with a 2/3 super majority in both houses, as seen in 2021 when Trump’s veto of National defense authorisation act was taken down by congress.
• The SC can strike down laws passed by congress that are deemed to be unconstitutional as seen with United v Windsor 2013 where the courts invalidated parts of the defense marriage act

It ensures that not a single branch can implement policies that violate constistutional principles. Each branch operates to check on each other ensuring decisions go through scrutiny and align with the rule of law

Question 2

Counter point 1: Partisan gridlock undermines checks and balances

Answer 2

• During Obama’s presidency a republican controlled senate refused to consider Garland’s nomination to the SC leaving the seat vacant for a year.
• Budget disagreements caused a 35-day shutdown from 2018-2019 showing how partisanship can cripple an effective govt

Rather than providing a balances oversight, checks and balances can be exploited for partisan gains leading to legislative deadlock . parties can use their powers to obstruct rather than collaborating leading to failures to the system.

Question 3

Point 2: Seperation of powers ensures a balanced and cooperative government

Answer 3

• The executive negotiates treaties but the senate has to ratify them with 2/3 majority as stated in Ar.2 S.2 Clause 2 ensuring that foriegn policies reflect national consensus.
• in Hamdan v Rumsfeld (2006), the court rejected bush’s military commisions at gauntanamo bay . It showed the independence of the judiciary by interpreting laws without direct interference from the executive or legislative branches

the divisions of powers fosters accountability and ensures that significant decisions arent only concentrated on one branch. This is essential to preserving democratic principles and preventing authoritariantism

Question 4

Counter Point: The vagueness of the constitutional powers can lead to executive overreach

Answer 4

President’s executive powers under article 2. Obama’s (DACA) bypassed congress through executive orders although it allowed illegal immigrants to avoid deportation
Trump declared national emergency to secure border wall funding by finding a way around Congress’s control of federal spending

presidents can exploit the constitution’s vagueness, bypassing legislative checks. although they can be used to address urgent issues they can undermine the balance of power and erode legislative authority

Question 5

Point 3: Checks and balances foster bipartisanship by requiring cooperations between different branches and parties since none of them can act alone. Thry have to negotiate to pass legislation ensuring diverse viewpoints

Answer 5

Biden’s Bipartisan infrastructure law in 2021 was passed from both parties showing collaboration despite ideological differences
violence against women act 2013 required bipartisan negotiation and resulted in a policy that reflected national priorities. All female congress members voted for this to be passed

By requiring the input from multiple branches and parties, checks and balances ensure that legislation incorporate diverse perspectives, leading to more representative policies

Question 6

Counter point 3: Bipartisanship is rare which can limit the effectiveness of checks and balances

Answer 6

From 1969-2016 Americans experienced 48 out of 54 years of a divided government which can lead to frequent legisltive difficulties
Immigration reform in 2007 under Obama failed due to partisan obstruction despite the public support and mandate that obama had (52.9%)

due to hyperpolarization, checks and blances can create a gridlock which can orevent the government from addressing cirtical issues effectively.