The Constitution - Checks & Balances

Question 1

How is the President limited by Judiciary

Answer 1

Judiciary may rule that Presidential action is unconstitutional

Question 2

How does President check Congress

Answer 2

The President can

1. Veto bills
2. Recommend legislation
3. Call special sessions of Congress

Question 3

How does the Judiciary limit Congress

Answer 3

It may interpret laws and declare laws unconstitutional

Question 4

Example of Congress voting against the President

Answer 4

March 2017 - Trump failed to pass the American Health Care Act

Question 5

Example of Congress amending laws supported by President

Answer 5

Obama was restricted by amendments to budget policies, which he was forced to accept

Question 6

Example of Congress failing to allocate funding

Answer 6

In 1995 Congress withdrew funding for US military involvement in Bosnia, forcing Clinton to withdraw troops

Question 7

Example of Congress proposing legislation

Answer 7

Policy platforms from Pelosi, Boehner and Ryan all provide evidence of a President being limited by the agenda of Congress

Question 8

Example of Congress overturning a presidential veto

Answer 8

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

Question 9

What did the Justice Against Sponsors of Terrorism Act mean

Answer 9

This bill allows families of 9/11 victims to sue the Saudi Arabian government for any involvement they may have had.

Question 10

Example of President asking Congress before declaring war

Answer 10

George W. Bush - Iraq war in 2003

Question 11

Example of Senate power on ratification of appointments

Answer 11

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

Question 12

Meaning of Senate ratification of treaties

Answer 12

The President is not to enter into agreements with other countries without seeking approval from the Senate by a two-thirds vote

Question 13

Example of Senate ratification of treaties

Answer 13

In 2014, the Senate blocked a UN disability treaty that Obama had pushed for

Question 14

Example of impeachment and removal of members of executive branch

Answer 14

Bill Clinton 1999

Question 15

What is the political importance (advantage) of checks and balances

Answer 15

Encourages a spirit of bipartisanship and compromises between the executive and congress

Question 16

What is the negative effect of checks and balances

Answer 16

Can result in gridlock

Question 17

Example of gridlock

Answer 17

Twice in 2018. January and February

Question 18

Example of the judiciary checking the President

Answer 18

Trump’s immigration ban. Executive order was halted by a federal judge after it was challenged over concerns about religious discrimination

Question 19

Example of checks and balances encouraging compromise

Answer 19

2010, Obama managed to get Congress to pass the Tax Relief and Job Creation Act following Republican support

Question 20

Example of Congress impeaching the judiciary

Answer 20

In 2010, the House of Representatives impeached federal judge Thomas Porteous for corruption

Question 21

How can Congress check on the judiciary

Answer 21

Impeachment

Can override decisions through constitutional amendments

Question 22

Example of Congress proposing constitutional amendments to - in effect - overturn a decision of the Supreme Court

Answer 22

Congress has more recently failed to reverse SC decisions on issues such as flag burning

Question 23

Checks by Congress on the President

Answer 23

Power to ratify treaties negotiated by President
Power to confirm appointments made by President
Power of investigation
Power of impeachment

Question 24

Example of Congress ratifying President’s treaties

Answer 24

In 2010, the Senate ratified the new START Treaty with Russia by 71 votes to 26

Question 25

Example of Congress confirming appointments made by President

Answer 25

Gorsuch’s nomination to the Supreme Court was confirmed by a 54-45 vote

Question 26

Example of Congress investigating the executive

Answer 26

Following the 2016, Presidential election, Congressional investigations were carried out by both Houses

Question 27

Example of the Power of impeachment

Answer 27

In 1998 Bill Clinton was committed by Congress alleging perjury and obstruction of justice related to the Lewinsky scandal

Question 28

How can the executive check the judiciary

Answer 28

Nominating federal judges

Power of pardon (ability to pardon people)

Question 29

Example of power of pardon

Answer 29

1. Watergate Scandal - President Ford pardoned his predecessor - President Nixon
2. Obama pardoned 212

Question 30

Example of nominating federal judges

Answer 30

Obama appointed Sotomayor and Kayan

Trump appointed Gorsuch

Question 31

How can the executive check the legislature

Answer 31

Recommending legislation

Vetoing bills passed by Congress

Question 32

Example of executive recommending legislation to Congress

Answer 32

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

Question 33

Example of executive vetoing bills passed by Congress

Answer 33

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

Question 34

Criticisms of the system of checks and balances

Answer 34

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

Question 35

Defences of the system of checks and balances

Answer 35

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