Checks and balances
- Created by: Ali Bland
- Created on: 03-03-15 18:54
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- Checks on each tier of government
- Checks by executive on legislature
- President recommends legislation to congress at State if Union Address
- President can veto bills by congress
- Bush vetoed 11 times during his presidency
- Bush vetoed Medicare improvement for patients and providers acts 2008
- Checks by legislature on judiciary
- Propose constitutional amendments to overturn decision in supreme court
- attempted by unsuccessful in reversing supreme court decision on flag burning
- Propose constitutional amendments to overturn decision in supreme court
- Checks by executive on judiciary
- The president nominates all federal judges
- During his first term, Obama nominated Sonia Sotomayor and Elena Kagan
- The president has the power to pardon
- In 1974, Ford Pardoned Nixon after Watergate
- Obama has only pardoned 52 people
- The president nominates all federal judges
- Checks by judiciary on legislature
- Judicial review means court can declare act of congress unconstitutional
- Precedent set at Madison vs. Marbury 1803
- Held 176 acts of congress unconstitutional
- Declared federal income tax unconstitutional Pollock vs. Farmers Loan & Trust Co 1895
- Led to 16th amendment
- Judicial review means court can declare act of congress unconstitutional
- Checks by judiciary on executive
- Same power of judicial review on executive branch
- 1974 USA vs. Richard Nixon- court declared Nixon to hand over tapes.
- Hamdan vs. Rumsfield 2006 military comminnions set up at Guantanamo Bay unconstitutinal
- Same power of judicial review on executive branch
- Checks by executive on legislature
- Roosevelt pardoned 3,682 people
- The president has the power to pardon
- In 1974, Ford Pardoned Nixon after Watergate
- Obama has only pardoned 52 people
- The president has the power to pardon
- Checks by legislature on executive
- Checks on each tier of government
- Checks by executive on legislature
- President recommends legislation to congress at State if Union Address
- President can veto bills by congress
- Bush vetoed 11 times during his presidency
- Bush vetoed Medicare improvement for patients and providers acts 2008
- Checks by legislature on judiciary
- Propose constitutional amendments to overturn decision in supreme court
- attempted by unsuccessful in reversing supreme court decision on flag burning
- Propose constitutional amendments to overturn decision in supreme court
- Checks by executive on judiciary
- The president nominates all federal judges
- During his first term, Obama nominated Sonia Sotomayor and Elena Kagan
- The president nominates all federal judges
- Checks by judiciary on legislature
- Judicial review means court can declare act of congress unconstitutional
- Precedent set at Madison vs. Marbury 1803
- Held 176 acts of congress unconstitutional
- Declared federal income tax unconstitutional Pollock vs. Farmers Loan & Trust Co 1895
- Led to 16th amendment
- Judicial review means court can declare act of congress unconstitutional
- Checks by judiciary on executive
- Same power of judicial review on executive branch
- 1974 USA vs. Richard Nixon- court declared Nixon to hand over tapes.
- Hamdan vs. Rumsfield 2006 military comminnions set up at Guantanamo Bay unconstitutinal
- Same power of judicial review on executive branch
- Checks by executive on legislature
- Congress can amend, block or reject items of legislation recommend by president
- 1993-94 Clinton's healthcare reforms block
- Congress can override president's veto is 2/3 majority in both houses
- Bush's Medicare improvement for patients and providers act 2008
- House 383-41 and Senate 70-26
- Bush's Medicare improvement for patients and providers act 2008
- Senate can ratify treaties negotiated by president with 2/3 majority
- Impeach member of executive with simple majority in House and 2/3 in Senate to remove
- Clinton was impeached in 1998 for perjury and obstruction of justice but senate found not guilty
- Checks on each tier of government
- Congress has the power of the purse- must vote for where more is spent
- Checks by legislature on executive
- Congress can amend, block or reject items of legislation recommend by president
- 1993-94 Clinton's healthcare reforms block
- Congress can override president's veto is 2/3 majority in both houses
- Bush's Medicare improvement for patients and providers act 2008
- House 383-41 and Senate 70-26
- Bush's Medicare improvement for patients and providers act 2008
- Senate can ratify treaties negotiated by president with 2/3 majority
- Impeach member of executive with simple majority in House and 2/3 in Senate to remove
- Clinton was impeached in 1998 for perjury and obstruction of justice but senate found not guilty
- Congress can amend, block or reject items of legislation recommend by president
- Foreign assistance Act 1974 congress cut military funding for government of S Vietman
- Checks by legislature on executive
- In 2007 congress tried to limit Bush's military spending on Iraq
- Congress has the power of the purse- must vote for where more is spent
- Foreign assistance Act 1974 congress cut military funding for government of S Vietman
- Congress has the power of the purse- must vote for where more is spent
- Congress can declare war
- Not been used since 1941 on Japan
- Congress can declare war
- Congress can declare war
- 1999 senate rejected comprehensive test ban treaty 48-51
- Confirm appointments made by president with simple majority
- 1987 Robert Bork rejected 42-58
- Power of impachment
- 2012 Thomas Porteous was guilty of corruption and removed
- Importance of checks and balances
- More effective government
- Bills scrutinised more closely
- Nominees questioned more rigorously
- Encourages bipartisanship and compromise
- Gridlock
- Washington 2012 Congress failed to agree on funds for fiscal year- shut down for 16 days
- More likely with divided government but Clinton suffered gridlock with healthcare reforms despite united government
- Also more likely with polarisation of parties and rise of tea party
- Washington 2012 Congress failed to agree on funds for fiscal year- shut down for 16 days
- Also more likely with polarisation of parties and rise of tea party
- So checks and balances makes for a less effective government
- Divided government
- 47 years between 1969 and 2015 have seen 25 years of divided government
- For only 12 years did one party control presidency
- Lichl argues this is better as more scrutiny to ensure effective government
- More effective government
- Compared to UK
- UK has fewer checks and balances as overlap of powers
- Party with the most MPs in government has too much power to influence law
- USA has separated powers no this is needed to stop tyranny and executive having too much power
- Are powers 'shared'- Neustadt?
- Different branches need to cooperate to make progress
- Are powers 'shared'- Neustadt?
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