Executive Powers in the US

Question 1

Explain two features in the US PAL system of separation of powers.

Answer 1

• the President cannot sit in Congress - this ensures a division between the President’s legislative and executive powers, basically granting it no executive powers.
• the President can nominate a secretary - but this is then confirmed by the Senate, allowing two bodies to input the selection process.
• the President can nominate a SC justice - which prevents the President from solely determining the composition of the judicature, but the Senate Jud. Committee then has to conduct investigation and Congress has to confirm the placement through scrutiny.

Question 2

Presidential Veto of S.J. Res. 68 (May 2020)

Answer 2

• Provided a joint resolution to direct the removal of US armed forces from hostilities in Iran.
• Trump disagreed with the legislation and vetoed it on the grounds of harming the people in Iran.
• Used Commander in Chief power to do this.

Question 3

S.C. Justice Nomination of Brett Kavanaugh (2018)

Answer 3

• nominated by President Trump.
• in the Senate hearing, Kamala Harris, Cory Booker, and others all tried to delay the proceedings as they had not read the 42 000 papers the night before (understandable).
• the Chairman, Senator Chuck Grassley, did not allow this, highlighting the illegitimacy in the effectiveness of SOP.
• the Committee scrutinised over four days and resulted in a very close margin of a win - 50 to 48.

Question 4

Confirmation of Pete Buttigieg for Secretary of Transport (2021)

Answer 4

• Joe Biden nominated Buttigieg for this role.
• the Senate voted in a majority of 86-13.
• Buttigieg would reinforce Biden’s executive order regarding the use of masks in interstate travel.
• The Senate Commerce Committee voted him in 21-3.

Question 5

the Impeachment of Donald Trump (2) (2021)

Answer 5

• impeached as a former President and impeached twice (both firsts).
• claimed to have caused an “incitement of insurrection” against Congress and the people earlier that year.
• voted 232-197.
• 10 of his fellow Republicans voted against him.
• The Senate then acquitted Trump, falling short of the 2/3 majority needed by a vote of 57-43.
• All done under Article II, Section 4.

Question 6

Checks and balances in HC/SC justice appointment.

Distinguish how one process in SOP works in Australia and a non-Westminster country (1)?

Answer 6

Appointing a justice for the highest court

• In Australia, the Attorney-General appoints judges without requiring parliamentary approval.
• in the US, the President must nominate a judge and then have them heavily scrutinised by Congress - primarily the Senate.

Question 7

Checks and balances in three arms of govt.

Distinguish how one process in SOP works in Australia and a non-Westminster country (2)?

Answer 7

The relationship between the executive and the legislature

• In Australia, there is a ‘fusion of powers’, where the executive composes part of the legislature. Cabinet members must be drawn from parliament and there is a single election for parliament, subsequently electing the head of govt. as well as parliament.
• In the US, there is a complete separation of the three arms. The President is elected entirely separately and is the head of state and head of govt. In addition, secretaries (which function as Cabinet does) do not have to be drawn from Congress.