evaluate the view that the US constitution is more effective at checking the power of the president than it is at checking the power of congress (30 marks)

Question 1

intro

Answer 1

the us constitution can impose better checks on the PM

Question 2

para 1: military power

argument for

Answer 2

• the president has military power and is the commander in chief of the armed forces
• e.g Obama gave the order to kill Osama Bin Laden in 2011 without needing to consult with the legislative/judicial branch of government
• Clinton stood ready to launch 20,000 troops to Haiti without congressional permission

Question 3

para 1: military power

argument against

Answer 3

• only congress can declare war
• e.g Bush had to get authorisation from congress to take military action against Afghanistan and Iraq in 2001 and 2003

Question 4

para 1: military power

conclusion

Answer 4

president does need to consult other branches. the political system does provide an effective check on the presidents power

Question 5

para 2: power of appointment

argument for

Answer 5

• Trump appointed Rex Tillerson as his secretary of state
• the president can appoint overseas ambassadors and Supreme Court justices
• the president has the power to dismiss individuals, e.g Trump fired his national security adviser Micheal Flynn

Question 6

para 2: power of appointment

argument against

Answer 6

• nominations of ambassadors and justices must be approved by congress
• e.g appointment of Neil Corsuch in 2017, Trump nominated him, but the appointment only came after the approval

Question 7

para 2: power of appointment

conclusion

Answer 7

senate has the final say over court nominees

Question 8

para 3: power of veto

argument for

Answer 8

• all laws must be signed by the president, and they may veto a bill and prevent it from becoming a law
• e.g in 2008, congress introduced a bill to ban water torture (waterboarding), but Bush vetoed this proposal
• although congress can override a veto, it is rare.e.g. since 1789 president has vetoed more than 2500 bills and congress has only overridden 5% successfully

Question 9

para 3: power of veto

argument against

Answer 9

• congress have the power to override a veto, but need a two third majority to do so (rarely happens)
• in 2016, Obamas veto was overridden, the bill would have allowed families of 9/11 victims to sue Saudi Arabia, the bill then became a law

Question 10

para 3: power of veto

conclusion

Answer 10

even a veto can be bypassed by congress. effective check on the president

Question 11

para 4: power to legislate

argument for

Answer 11

• each year, the president sets the legislative agenda through the state of union address
• Obama made it clear he wanted to reform the healthcare system with his 2009 state of the union address
• Obamacare was passed

Question 12

para 4: power to legislate

argument against

Answer 12

• only congress can introduce legislation, and they are responsible for most legislation passed
• Obamacare was voted on by Congress, but Obama had to sacrifice and compromise important parts of the act he wanted, like universal coverage of healthcare
• the judicial branch has the power to declare acts as unconstitutional through judicial review , they were responsible for reviewing Obamacare after it had been approved by congress
• George W. Bush was unable to pass his social security reform due to the lack of support from congress

Question 13

para 4: power to legislate

conclusion

Answer 13

• the president cannot introduce legislation without checks on it

Question 14

conclusion

Answer 14

• the political system is made so that no branch can exert too much power
• the president has more influence due to veto power and the use of executive orders