Framework Of Gov Laid Out In US Constitution

Question 1

What is the separation of powers?

Answer 1

-doctrine requires 3 elements gov power - executive, legislative + judicial be held by separate branches of gov to prevent tyranny
-FF greatly feared tyranny + one element dominating

Question 2

Is the separation of powers significant - yes?

Answer 2

-each branch checked + limited by other two
-no person serve in test branches at same time e.g. Clinton resigned as senator for New York when became sec of state
-helps prevent one branch too much power + avoids ‘elective dictatorship’

Question 3

Is the separation of powers significant - no?

Answer 3

-powers aren’t truly separated but ‘shared’ e.g. both pres + congress involved in passing laws
-vice pres also senate pres + has casting vote when a tie e.g. Pence confirming Betsy DeVos as edu sec 2017
-pres with supportive SC + party controls Congress can wield lot of power

Question 4

What is limited gov?

Answer 4

-size + scope of federal gov should be limited to only what is necessary
-3 branches only do what is necessary

Question 5

What re check + balances?

Answer 5

-each branch exercises power + control over the others
-supports idea of limited gov
-work together + open compromise to ensure working of gov

Question 6

How does the president (executive) check on Congress (legislature)?

Answer 6

-pres veto acts passed by Congress
-e.g obama vetoed XL pipeline + issued 12 regular vetoes during two terms
-Trump vetoed resolution revoking his decision of national emergency at US-Mexico border

Question 7

How does the president check the power of Congress through executive orders?

Answer 7

-pres issues executive orders to bypass need for formal legislation
-e.g. 2017 Trump introduced travel ban on visitors from several countries mostly Muslim minority countries to enhance national security + combat terrorism
-seen as inherently racist by many

Question 8

How does the present check the power of Congress through role as commander in chief?

Answer 8

-can use this role deploy US troops overseas - avoiding congressional approval of declaring war
-e.g. 2001 + 2003 W. Bush ordered the invasions of Afghan + Iraq

Question 9

How does the president check in the courts (judiciary)?

Answer 9

-pres nominates federal justices to SC incl when there is vacancy
-e.g. Obama appointed Sotomayor + Kagan
-Trump appointed Gorsuch, Kavanaugh + Coney Barrett to SC

Question 10

How does the president check on the courts regarding pardons?

Answer 10

-pres issue lardons + commutations to those of federal crimes
-e.g. Trump pardoned media mogul Conrad Black 2019
-Obama issued 330 commutations on final day as administration focused on criminal justice reform

Question 11

How does the Congress check on the president in terms of overturning vetoes?

Answer 11

-pres veto overturned by supermajority in both houses
-e.g. 2016 Congress overturned obamas veto of justice against sponsors of terrorism act
-W. Bush had 4/12 regular vetoes overridden

Question 12

How does congress check on the president in terms of the power of the purse?

Answer 12

-Congress has power of the purse + can turn down pres requests for funding
-Congress frustrated trumps attempt get full funding for Mexican border wall

Question 13

How does the Congress check on the president in terms of declining to pass legislation?

Answer 13

-Congress simply decline pass legislation desired by pres e.g. in their state of union address
-e.g. aftermath several mass shootings - sandy hook school 2012 Obama requested Congress pass gun-control measures
-but nothing passed despite proposals drawn up

Question 14

How does congress check the power of the president in terms of launching investigations?

Answer 14

-Congress can launch investigations into pres actions where serious concerns are raised
-e.g. 2019 House oversight + reform committee launched inquiry into potential conflict of interest
-was over increased spending by US air force on refuelling at struggling Scottish airport near resort owned by Trump
-airport integral to viability of Trump Turnberry golf resort

Question 15

How does congress check on the courts in terms of impeachment?

Answer 15

-can impeach federal justices + remove them from office
-e.g. 2010 Louisiana federal judge Porteous impeached + removed for corruption in near unanimous vote

Question 16

How does congress check in the courts in terms of amendments?

Answer 16

-constitutional amend,ends initiated to overturn SC verdicts
-e.g. attempts by Congress pass amendments banning flag burning + prayer in public schools but unsuccessful

Question 17

How does the judiciary check on the president in terms of court rulings?

Answer 17

-courts can rule pres actions unconstitutional + require them be replaced
-e.g. 2013 defence of marriage act ruled unconstitutional in US v Windsor
-marked major advance for legislation of same-sex marriage across USA

Question 18

What is the significance of checks and balances in terms of deploying tactics?

Answer 18

-encourages political ‘players’ to deploy their tactics to get around constraints
-e.g. many pres prefer negotiated executive agreements over full treaties with international powers
-such as Obama’s nuclear deal with uran

Question 19

What is the significance of checks and balances in terms of fear of tyranny?

Answer 19

-fear of too much power in hands of single person - pres subject to most checks
-problems getting legislation through when party no control congress - divided gov
-pres can lose popularity in midterms + lose control of chambers e.g. Trump lost house 2018 midterms

Question 20

What is the significance in terms of impeachment?

Answer 20

-most powerful weapon but rarely used + unlikely be successful
-no US pres successfully impeached - but 1974 Nixon resigned rather than face expected removal

Question 21

What is the significance of checks and balances in terms of pres veto?

Answer 21

-declining in use + overrated political tool
-Obama vetoed 12 bills compared with Reagan who issued 78
-its the threatened checks + balances, threat of veto or denied senate confirmation has most impact