The Constitution - Checks & Balances Flashcards
How is the President limited by Judiciary
Judiciary may rule that Presidential action is unconstitutional
How does President check Congress
The President can
- Veto bills
- Recommend legislation
- Call special sessions of Congress
How does the Judiciary limit Congress
It may interpret laws and declare laws unconstitutional
Example of Congress voting against the President
March 2017 - Trump failed to pass the American Health Care Act
Example of Congress amending laws supported by President
Obama was restricted by amendments to budget policies, which he was forced to accept
Example of Congress failing to allocate funding
In 1995 Congress withdrew funding for US military involvement in Bosnia, forcing Clinton to withdraw troops
Example of Congress proposing legislation
Policy platforms from Pelosi, Boehner and Ryan all provide evidence of a President being limited by the agenda of Congress
Example of Congress overturning a presidential veto
Using a two-thirds vote:
The house overturned Obama’s veto against the Justice Against Sponsors of Terrorism Act in 2016
This was easily overturned 97-1 in the Senate, and 348 - 77 in the House
What did the Justice Against Sponsors of Terrorism Act mean
This bill allows families of 9/11 victims to sue the Saudi Arabian government for any involvement they may have had.
Example of President asking Congress before declaring war
George W. Bush - Iraq war in 2003
Example of Senate power on ratification of appointments
The failure of the Senate to vote on Obama’s nomination of Garland to the SC in 2016, allowed Trump to nominate Gorsuch and influence the ideological balance of the court
Meaning of Senate ratification of treaties
The President is not to enter into agreements with other countries without seeking approval from the Senate by a two-thirds vote
Example of Senate ratification of treaties
In 2014, the Senate blocked a UN disability treaty that Obama had pushed for
Example of impeachment and removal of members of executive branch
Bill Clinton 1999
What is the political importance (advantage) of checks and balances
Encourages a spirit of bipartisanship and compromises between the executive and congress
What is the negative effect of checks and balances
Can result in gridlock
Example of gridlock
Twice in 2018. January and February
Example of the judiciary checking the President
Trump’s immigration ban. Executive order was halted by a federal judge after it was challenged over concerns about religious discrimination
Example of checks and balances encouraging compromise
2010, Obama managed to get Congress to pass the Tax Relief and Job Creation Act following Republican support
Example of Congress impeaching the judiciary
In 2010, the House of Representatives impeached federal judge Thomas Porteous for corruption
How can Congress check on the judiciary
Impeachment
Can override decisions through constitutional amendments
Example of Congress proposing constitutional amendments to - in effect - overturn a decision of the Supreme Court
Congress has more recently failed to reverse SC decisions on issues such as flag burning
Checks by Congress on the President
Power to ratify treaties negotiated by President
Power to confirm appointments made by President
Power of investigation
Power of impeachment
Example of Congress ratifying President’s treaties
In 2010, the Senate ratified the new START Treaty with Russia by 71 votes to 26
Example of Congress confirming appointments made by President
Gorsuch’s nomination to the Supreme Court was confirmed by a 54-45 vote
Example of Congress investigating the executive
Following the 2016, Presidential election, Congressional investigations were carried out by both Houses
Example of the Power of impeachment
In 1998 Bill Clinton was committed by Congress alleging perjury and obstruction of justice related to the Lewinsky scandal
How can the executive check the judiciary
Nominating federal judges
Power of pardon (ability to pardon people)
Example of power of pardon
- Watergate Scandal - President Ford pardoned his predecessor - President Nixon
- Obama pardoned 212
Example of nominating federal judges
Obama appointed Sotomayor and Kayan
Trump appointed Gorsuch
How can the executive check the legislature
Recommending legislation
Vetoing bills passed by Congress
Example of executive recommending legislation to Congress
George W. Bush used his State of the Union Address to try to get Congress to focus on his ‘war on terrorism’ and budget priorities
Example of executive vetoing bills passed by Congress
Obama vetoes 12 bills passed by Congress - only one was overridden
Eg. Affordable Care Act Repeal 2016: Vetoes by Obama - HoR failed to override the veto
Criticisms of the system of checks and balances
Too many checks and balances - govt. gridlocked
Not enough checks and balances - expansion of federal govt.
When same party controls both presidency and Congress, checks and balances may cease to be effective
Defences of the system of checks and balances
Change can occur but dependent on broad-based enduring support
Survival of the system shows it has served its purpose of preventing one branch of govt. achieving disproportionate power
