Checks & Balances

Question 1

How can congress check the president?

Answer 1

• Write legislation
• Veto override
• Power of the purse
• Impeachment
• Ratify treaties
• Ratify appointments

Question 2

What are congresses checks on the Supreme Court?

Answer 2

• Impeachment of justices
• Propose a constitutional amendment
• Ratify judicial appointments

Question 3

How does the president check congress?

Answer 3

• Suggest legislation
• Sign/ veto legislation
• Executive Order/agreements

Question 4

What are the presidents checks on the Supreme Court?

Answer 4

• Power of the pardon
• Nomination of judicial appointments

Question 5

What are checks from the SC on congress and the president?

Answer 5

Judicial review

Question 6

What makes impeachment happen?

Answer 6

• Simple majority in the House of Representatives to start the trial
• 2/3 majority in the Senate (supermajority) to run the trial

Question 7

Why did Nixon resign?

Answer 7

• Burglars were employed by Nixon to enter the Democratic National Committee office.
• He said ‘none in the White House was involved.’
• Congress investigated the incident and asked the White House to send over recordings but Nixon refused unless SC unanimously says so.
• Nixon v US 1974 ruled 9-0 that he must hand them over.
• He resigned, but was never actually impeached.

Question 8

What were Trump’s impeachments?

Answer 8

• Abuse of Power 52-48
• Obstruction of congress 53 -47

Question 9

What member of senate didn’t vote along party lines with Trump’s impeachment?

Answer 9

Mitt Romney

Question 10

What initiates a veto override?

Answer 10

• Congress can pass the act by a two-thirds vote in both the House and the Senate.
• This check prevents the President from blocking an act when significant support for it exists.

Question 11

What’s an example of veto override?

Answer 11

• Obama had one veto overridden out of his 12 vetoes - Justice Against Sponsors of Terrorism Act. - Overridden by Senate, 97–1
• Overridden by House, 348–77
  JASTA: “To seek relief against persons, entities, and foreign countries that have provided material support to foreign organizations that engage in terrorist activities against the US.”
• This happened in Sept 2016, when Obama was a Lame duck/incumbent

Question 12

What is the power of the purse?

Answer 12

The power to regulate money.

Question 13

What’s an example of ‘power of the purse’?

Answer 13

• Trump wanted $5 Billion to build a new border wall, so the US government shut down for 35 days.

Question 14

What is AUMF?

Answer 14

Authorization for Use of Military Force

Question 15

When is AUMF used?

Answer 15

• President asks congress to give authorisation for the President to use its military.
• Bush, Obama, and Trump used it to justify their actions in 14 countries since 2001.

Question 16

How does congress ratify treaties?

Answer 16

• Senate must approve a treaty negotiated by the president by a majority of 2/3 in the senate.
• This is legally binding.

Question 17

How can the president overcome the ratification of treaties?

Answer 17

• They can make an ‘executive agreement’ (an agreement between the heads of government of two or more nations that has not been ratified by the legislature as treaties are ratified.)
• Executive agreements are considered politically binding to distinguish them from treaties which are legally binding.

Question 18

What was Roe v Wade 1973?

Answer 18

• “Jane Roe”, single and living in Texas, did not want to continue her third pregnancy.
• Under Texas law, she could not legally obtain an abortion.
• The Court decided in favour of Roe 7-2.
• Abortion is legal in all 50 states. Women have the right to choose between pregnancy and abortion.

Question 19

What was Brown v. Board of Education 1954?

Answer 19

• The Court ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality.

Question 20

What judge from a Southern district of Texas was impeached in 2009?

Answer 20

Samuel Kent, a judge of the United States District Court for the Southern District of Texas, was impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the Senate. He was charged of sexual assault.

Question 21

What is jurisdiction stripping?

Answer 21

Congress has the ability to regulate what cases the Supreme Court can hear.

Question 22

What is an example of jurisdiction stripping?

Answer 22

• Military Commissions Act 2006 which tried to remove the courts power to hear cases from Guantanamo detainees.
  (The Military Commissions Act of 2006 gives the president absolute power to decide who is an enemy of our country and to imprison people indefinitely without charging)

Question 23

What’s an example of the Senate being able to ratify a judicial appointment?

Answer 23

• Brett Kavanaugh (2018)
• Brett faced claims that he sexually assaulted a woman.
• Some on the Judiciary Committee said there was no evidence, corresponding to the FBI investigation.
• Eventually, the Senate confirmed Kavanaugh in a 50-48 vote.