The Constitutional Framework Of US Government: The Framework Of Government Laid Down In The US Constitution

Question 1

What is the three branches of government?

Answer 1

Legislature (Congress), Executive (Presidency) and Judiciary (Supreme Court)

Question 2

Which French political philosopher where the Founding Fathers inspired by and what their 1748 work?

Answer 2

Montesquieu and his work of ‘De L’Esprit des Loix’ (‘The Spirit Of The Laws’)

Question 3

What was the bets way of avoiding tyranny and absolutism according to the Founding Fathers?

Answer 3

A separation of powers

Question 4

What are the Presidential checks on Congress?

Answer 4

Presidents veto acts or resolutions passed by Congress
Presidents often threaten the veto to dissuade Congress from passing an unwelcome measure
Presidents can issue executive orders to bypass the need for formal legislation
Presidents can use their commander-in-chief role to deploy US troops overseas, thereby avoiding congressional approval of declaring war

Question 5

What is an example of a President vetoing Congressional legislation?

Answer 5

Obama vetoed the Keystone XL pipeline and issued 12 regular vetoes during his time in office, while Trump vetoed a resolution revoking his declaration of a national emergency at the US-Mexico border

Question 6

What 4 veto threats did Obama make in his 2015 State of the Union Address?

Answer 6

On the topics of stiffer Iran sanctions, diluting or overturning the Affordable Care Act, loosening Wall Street oversight and tightening up immigration controls

Question 7

What is an example of a executive order to bypass Congress?

Answer 7

In 2017 Trump introduced a travel ban on visitors from several countries, mostly Muslim-majority countries

Question 8

What is an example of a President deploying troops using heir role as commander-in-chief?

Answer 8

Bush ordering invasions of Afghanistan and Iraq in 2001 and 2003

Question 9

What are the Presidential checks on the courts?

Answer 9

The president nominates all federal judges including to the Supreme Court
The President can issue pardons and commutations to those convicted of federal crimes

Question 10

What are some examples of the president nominating judges to the supreme court?

Answer 10

Obama appointed Sonia Sotomayor and Elena Sagan and Trump appointed Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett to the Supreme Court

Question 11

What are some examples of the presidents issuing pardons and commutations?

Answer 11

President Gerald Ford pardoned his immediate predecessor, Richard Nixon, and Obama issued a record 330 commutations on his final day in office, while Trump issued 73 pardons and 70 commutations

Question 12

What are the Congressional checks on the president?

Answer 12

A presidential veto can be overturned by a supermajority in both houses
The Senate must confirm by a simple majority presidential appointments to the administrations including the judiciary
As with the presidential veto, the threat of a Senate rejection is often as powerful and is more frequent
Congress has the ‘power of the purse’ and can turn down presidential requests for funding
Congress can simply decline to pass legislation desired by the president
Impeachment of President
Congress has the power to block treaties negotiated by the president
Congress can launch investigations into presidential action where wrongdoing or serious concern are raised

Question 13

What is some examples of a presidential veto being overturned?

Answer 13

In 2016, Obama had his only presidential veto overturned with the Justice Against Sponsors of Terrorism Act (JASTA) being overturned, W. Bush had 4 out of 1 vetos overridden

Question 14

What is some examples of the Senate not confirming a presidential appointment?

Answer 14

In 2013 the Senate blocked Obama’s appointment of Robert Wilkins to the District of Columbia (DC) court of appeals, the last Cabinet nominee to be denied confirmation was John Tower as defuse secretary in 1989, the last Supreme Court nominee to be formally rejected was Robert Bork in 1987

Question 15

What is an example of a Senate threat of rejection working as a check on the president?

Answer 15

When it was clear that Neera Tanden as Director of the Office of management and Budget would not get enough Senate votes her nomination was withdrawn in March 2021

Question 16

What is an example of Congress frustrating the president with their ‘power of the purse’?

Answer 16

Congress frustrated Trump with getting full funding on his Mexican border wall

Question 17

What is an example of Congress simply declining to pass legislation desired by the president?

Answer 17

Obama requested Congress pass several gun-control measures but nothin was passed

Question 18

What is an example of Congress not ratifying trusted negated by the president?

Answer 18

In 2012 the Senate failed to ratify the Convention on the Rights of Persons with Disabilities, although passed by 61-38 it needed five more votes to get ratified with a 2/3 supermajority

Question 19

What is an example of Congress launching investigations into presidential actions where wrongdoing or serious concerns are raised?

Answer 19

In 2019, the House Oversight and Reform Committee launched an inquiry into a potential conflict of interest over increased spending by the US air force on refuelling at a struggling Scottish airport near a resort owned by Trump, this airport was seen as integral to the viability of the Trump Turnberry gold resort

Question 20

What are the Congressional checks on the courts?

Answer 20

Congress can impeach federal justices and remove them from office
Constitutional amendments can be initiated to overturn Supreme Court verdicts

Question 21

What is an example of Congress impeaching a federal judge and removing g them from office?

Answer 21

In 2010, a Louisiana federal judge, Thomas Porteous, was successfully impeached and removed from office for corruption in a near unanimous vote

Question 22

What is an example of a constitutional amendment being overturned by a Supreme Court verdict?

Answer 22

In 1896, the court found a national income tax to be unconstitutional, this was reversed by the ratification of the 16th Amendment in 1913

Question 23

What are the judicial checks on the president?

Answer 23

The courts can rule presidential actions unconstitutional and therefore illegal

Question 24

What is an example of the court declaring a presidential action unconstitutional?

Answer 24

In Hamdan v Rumsfeld (2006), the Court ruled against special military commissions et up by W. Bush to try suspected members of Al Qaeda

Question 25

What are the judicial checks on Congress?

Answer 25

The Courts can declare acts of congress to be unconstitutional and therefore effectively require them to be repealed

Question 26

What is an example of the courts declaring a act of Congress unconstitutional?

Answer 26

In 2013, the Defence of Marriage Act was ruled unconditional in United States V Windsor which marked a major advance for same-sex marriage in the USA

Question 27

How do many presidents get through the constraints of check son their power?

Answer 27

Trying different methods, like Obama’s negating executive agreements over nuclear deal with Iran, rather than full treaties with international powers or Trump calling a national emergence to secure additional funding without the express approval of Congress for the USA-Mexico border

Question 28

Of the 3 branches of government who is subject to the most checks?

Answer 28

President, or executive, showing the framers fear of laying too much power in one person hands

Question 29

Why do presidents push more legislation in their first 2 years after getting elected?

Answer 29

Because they normally lose a popular majority in the legislature during their 4 year term, this can be seen with Obama securing the Affordable Care Act (popularly know as Obamacare) by early 2010

Question 30

What do all the checks on these branches of government often lead to?

Answer 30

Gridlock, which promotes bipartisanship to get policy and legislation through

Question 31

What is an example of gridlock effecting Congress?

Answer 31

Even a national emergency, Covid-19, took several days and often fraught negations to get original $2.2 trillion stimulus package (CARES Act) passed