Executive Control: Congress VS Parliament Cum Boy SQUAD Flashcards
Executive Dominates Parliament
Oh hey there, I didn’t see you come in!
Traditionally Parliament has more exec control than US equivalent. Why, you may ask?;
1. Exec & Leg fusion
- Importance of Party: Whips & Majority used to pass legislation. Whip =eg Syria Airstrike 3 Line Whip in 2015.
Helps the party to dominate- Tony Blair 1997-05 NO defeats in house. Majority eg= 2003 Iraq Invasion vote, 100 voted against it but as Blairs DICK was so big, it still went through. - Control the Agenda: legislation which is introduced.
- Control the process: Timetabling - Public Bill Committees (reflect party balance & are selected by whips). Even through in queens speech if u r feelin cheeky (outlines legislative agenda).
Exec Control in House of Lords (hehe)
Party is far less important in the house of lords as they are not elected. Since 1997 the Lords has been increasingly willing to challenge the executive.
eg -2017 Brexit Bill, amendments put forward to guarantee the rights of EU citizens. (flip side: HoC rejected ALL amendments put forward by HoL wtf???)
-Other notable examples include 2004 fox hunting & 2005 terrorism act.
Executive Doesn’t really DOM parliament (Counter)
- Backbench rebellions: Governments can often be defeated. 44% of votes in 2010-2015 had Back Bench Revolutions. eg Sunday Trading Bill in 2015 (Cameron got spanked). 2013- Syria Bombing: rekt also
- Contrast for cheeky syria bombing one = 2017 Trump backing action immediately in Syria due to use of Chemical weapons (led to dropping of “mega bomb”).*
- There are also more independently minded MPs since 2010. eg Eurosceptic Conservatives put pressure on the government for an EU referendum, multiple times.
- Principled MPs that will stand against the government & their parties on issues: eg: Jeremy Corbyn on just about every war.
- Select Committees: 2010 Wright Reforms which made them independent from the executive. Contrast for Public Bill Committees. These are increasingly seen as an alternative career to the cabinet.
- Bercow Speaker reforms: More urgent questions. Backbench business committee. (Gives more power to backbenchers).
- 2010-15 Lib Dem & Tory Coalition Weakened Executive, more cooperation needed.
Executive Does DOM House of Lords
-The Parliament Acts 1911 & 1949: 1911 (PM Asquith threatened to flood the house with liberals unless they passed it)
Greatly weakened the powers of the HoL.
1949: Can only veto for a max of 1 year.
-House of Lords can only SUGGEST amendments, it is often a feeble attempt. The eg is the Brexit Bill amendments ALL being rejected #rip.
US: Executive Does DOM over congress
-Persuation: Carrot rather than the stick. As Party is less important, getting re-relected is more important.
Vice President used as “Washington insider”, eg Dick Cheney called up Senators before the vote on Terrorism Act 2005 to persuade them to vote for it. (Didn’t work).
Eg: Arlen Specter 2009 - Biden convinced specter to switch parties. Dems needed another vote in the senate that would give them 60 = stop fillibuster on Obamacare = profit.
Through favours; trips to the Whitehouse etc.
-Veto: President can veto legislation but it can be overturned. Eg Obama vetoed Jasta in 2016 (flip side is that it was overturned.) *Also an example of Lame Duck stage of presidency.
-Executive Orders: Guantanamo OBAMA BIG UN
However: struck down eg Trump 2017 Travel Ban
- Signing Statements: Bush/Obama
- Commander in Chief: 2017 Syria strikes after Chemical Weapons (Not checked by Congress at all). Can put
- Can appoint Federal level judges which helps reflect views etc. However: eg Merrick Garland put forward by Obama 2016 - Senate refused to even give a hearing.
US: Executive doesn’t DOM over congress
Separation of Powers: -Checks & Balances are there to ensure that the Executive does not dominate. Founding Fathers had left a dominating Monarchy in England and wanted to ensure something like this did not occur in the US.
-Impeachment Process: 1998 Bill Clinton impeachment.
Impeachment of president can be put forward by the HoR.
- Appointments are ratified eg Betsy DeVos, Robert Borke. Betsy is a wee tie breaker example too
- Check on Commander in Chief: War powers resolution 1973; President must notify congress within 48 hours of committing troops to combat. Cannot keeps troops in for more than 30 days without congressional authorisation. Congress also can only declare war.
- Can override vetoes: eg George W. Bush had 4/12 vetoes overturned.
- Ratifies treaties eg 2010 START with Russia