USA - Checks and Balances

Question 1

What is an Executive Order? - P/E

Answer 1

• This is a direct order which can be given out by a US President, which can direct the actions of the government (congress in particular).
• The President when giving out this order can bypass Congress and get their manifesto through quicker.

Question 2

What is an example of a US President using an Executive Order? - E

Answer 2

• For example, Joe Biden the current US president, throughout his presidential term (2021-2023) has issued 106 executive orders ranging from racial equality to adjusting certain rates of pay.

Question 3

What is an analysis point for how Executive Orders are effective? - L

Answer 3

• This shows that this power that US presidents hold is very important and useful for both them and the party to get their manifesto and promises they held in their campaign through.
• This further emphasizes how important and powerful the Executive Branch’s role in government is in decision-making.

Question 4

Why can the Supreme Court limit EOs?

Answer 4

• This is because the Supreme Court can check EOs and make sure they are within the limits of the constitution.
• This means the courts have the power to invalidate any EOs that they determine are an overreach of the president trying to gain more power, limiting the Executive Branch’s power in decision-making.

Question 5

Why can Congress limit EOs?

Answer 5

• Congress has the “power of the purse”, which means that it can refuse to fund any EOs. This can happen for two reasons:
• An opposing party is the head of the Congress
• The Congress feels the President is trying to get more power and disobey the Constitution.

Question 6

What is an example of an EO being overturned by an opposing party?

Answer 6

• For example, on May 4th, 2017, former US president Donald Trump signed an EO which overturned the previous Johnson Amendment, which was introduced by the Democrat Party in July 1954, which would prevent organisations that do not pay tax from taking part in political campaigns.

Question 7

What is an analysis point for how Executive Orders are ineffective?

Answer 7

• This shows that although the Executive Branch does have power with EOs, it is very limited as both the Supreme Court and Congress can overturn and not fund them,
• if they have a reasonable belief that the president is not following the constitution, is trying to make a play for power, or if the opposing party want to stop anything from happening.

Question 8

What is an overall conclusion about how effective EOs can be?

Answer 8

• Overall, even though the Executive Branch does have the power of EOs, there are more limitations to them than positives,
• as their own government can refuse these EOs, deeming them a waste of time and limiting the decision-making that can be done by the Executive Branch.

Question 9

What is another ability the Executive Branch has?

Answer 9

• Veto legislation proposed by Congress.

Question 10

What is veto legislation?

Answer 10

• This means that if the President doesn’t agree with what Congress wants to become a law, they can dismiss it and send it back to be debated further.

Question 11

What is an example of vetoing legistation?

Answer 11

• For example, the Iran War Powers Resolution was vetoed by the 45th US President Donald Trump on the 6th of May 2020.

Question 12

What is the analysis point for veto legislation?

Answer 12

• This shows that if the President doesn’t agree with what Congress has put up, they can just refuse to sign the bill.
• This places the President above Congress, gives more power to the Executive Branch when making decisions,
• and emphasises how dominant the Branch is due to the ability of vetoing.

Question 13

What is the counter argument for vetoing legislation?

Answer 13

• A veto can be overturned by Congress.

Question 14

Why can vetos be overturned?

Answer 14

• This is because Congress may not agree with the President’s decision to veto the legislation.
• If two-thirds of Congress votes to override the veto in the House and Senate, it can be passed without the president’s permission.
• This check prevents the Executive Branch from blocking an act when a lot of support for it exists, preventing a dictatorship and the President from becoming too powerful.

Question 15

What is an example of overturning a veto?

Answer 15

• For example, the Congressional Research Service states that out of 1,484 regular vetoes since 1789, only 7.1% of them (106) have been overridden.

Question 16

What is the analysis point of overturning a veto?

Answer 16

• This shows that the overturning of a veto is powerful, but is very rare since two-thirds of all Congress is very high standards to meet, meaning that this power is less effective in keeping a check on the Executive Branch.

Question 17

What is the overall conclusion for veto legislation?

Answer 17

• Overall, the Executive Branch’s ability to veto legislation is very powerful and can dominate government decision-making,
• as there are few chances for vetoes to be overridden, meaning the Executive Branch has power over Congress in this situation.

Question 18

What is a 3rd ability the Executive Branch has?

Answer 18

• Nominating Supreme Court Justices.

Question 19

Why is Nominating a Supreme Court Justice a powerful ability?

Answer 19

• The President can appoint justices to the Supreme Court.
• If a President has a justice in the court, they can influence changes that the President wants.
• This can give the President long-term influence because there is no maximum limit for how long the Supreme Court justices can serve,
• so even though the President might be long-gone, the influence that the President might have given will remain in the figure of the justice he elected.

Question 20

What is an example of nominating a Supreme Court Justice? + analysis!!

Answer 20

• For example, former President Donald Trump nominated Rex Tillerson as his secretary of state on the 1st of February 2017.
• This shows the fact that the Executive Branch has significant influence as the President personally can pick and choose people to help run the government.

Question 21

Why is there a limitation on the power of nominating Supreme Court Justices?

Answer 21

• However, there are limitations to the President’s power, although the President can nominate justices and ambassadors, they must be approved by the Senate.

Question 22

Why should this be a limitation to nominating SCJs?

Answer 22

• This can mean the rest of the Government is able to check whether the President’s nominee is fit for the role, and it could possibly delay the President’s agenda if not approved.

Question 23

What is an example of the limitation on SCJs?

Answer 23

• For example, Donald Trump nominated Neil Gorsuch to become a Supreme Court Justice and was given the role on the 7th of April 2017.

Question 24

What is the analysis point for the limitation of SCJs?

Answer 24

• Although he did nominate Neil, he only got the role of justice because the Senate had approved him.

Question 25

What is the overall conclusion of nominating SCJs?

Answer 25

• Overall, this shows that the check that the Senate uses is effective in keeping the President in place, and whilst the President has the power to nominate, the Senate has the final say in the matter.

Question 26

What is the final power the Executive Branch has?

Answer 26

• In terms of legislation.

Question 27

What can the President do each year, and where?

Answer 27

• The President each year can make a legislative agenda and address it at the State of the Union and during the speech they can introduce future legislation and talk about past achievements.

Question 28

What is an example of a legislative agenda?

Answer 28

• For example, President Joe Biden at the beginning of 2022 gave his legislative agenda during his State of the Union speech, particularly on the aftermath of the COVID-19 pandemic.

Question 29

What is the analysis of the legislative agenda?

Answer 29

• This gives the President a lot of power as they can set the agenda and help to make policies for the time ahead.
• This emphasises the fact that the President is in a top influential position.

Question 30

How is the legislative agenda limited?

Answer 30

• However, the President cannot introduce any legislation and must recommend it to Congress.

Question 31

Why can’t the President introduce legislation themselves?

Answer 31

• Congress approves most of the legislation that is recommended.
• This can be a problem for the President if he has an opposing party in Congress as Congress would refuse to pass any of their legislation.
• Makes it harder for the President to pass any legislation they promised during the State of the Union speech + can make the President look unreliable to voters
• They might not be re-elected for another term if it is to a bad extent.

Question 32

What is the example of the limitation of legistation

Answer 32

• For example, Billy’s Law was introduced on the 27th of December 2022 which was to make the US’s missing person database to be more efficient.
• This law even though approved and suggested by Biden it would never have been passed if Congress did not authorise and approved it.

Question 33

What is the analysis point for Billy’s Law?

Answer 33

• This demonstrates the fact that legislative powers are in the hands of Congress, not the President - weakening the President’s powers and keeping them in check.

Question 34

What is the overall conclusion for the power of legislation?

Answer 34

• Overall, the President’s power of recommending legislation is effectively kept in check by Congress and making sure the President does not overstep any boundaries or the constitution.

Question 35

What is the conclusion of this essay?

Answer 35

• In conclusion, the Executive Branch does not dominate government-decision making.
• Although the President can veto legislation that is brought from Congress which is a powerful power, Congress has more ways to keep the Executive Branch in check.
• This is by dismissing potential laws that could overstep the branch’s boundaries, they can make sure the nominated justice is sensible, responsible, and fit for the job and they can ignore Executive Orders which are given by the President and defund them if they do not like the way the President is acting, or if they do not like what the Executive Branch has produced.

Question 36

Why is the Supreme Court Important?

Answer 36

• The Supreme Court is very important to Government as it keeps the other parts of government in check and stays to the constitution.