CHECKS & BALANCES in the US System of Government

What did the Founding Fathers seek in relation to the President/Executives role? Answer: the limit the power of the President Checks & balances SO: They made Congress responsible for scrutinising the Executive How does Congress do this?

The Senate has ‘ADVICE & CONSENT’ powers (enshrined in the Constitution) Treaties Ambassadors State (Federal) Judges & Justices of Supreme Court Government positions (including Cabinet) Senior Ranks of Armed Forces This involves looking at the record of nominees & Senate hearings. Most not controversial.

But: The President can use recess appointments – filling vacancies when Congress is in recess. Must be approved by Congress by the end of the Congressional term. 2004 Bush appointed John Bolton as Ambassador to the UN. He served until Jan 2007. (Some thought him a bully.)

BUT: 1987 Reagan’s nominee for Supreme Court (Robert Bork) rejected – too right wing. Would hwe protect the rights of vulnerable groups? 1989 George Bush Snr had John Towers had nomination for Defense Secretary rejected – womanising & excessive drinking 1993 Clinton had 2 nominees for post of Attorney General rejected. 2002-2003: 10 of George Bush’s nominees to the Federal Courts blocked by filibuster

Scrutiny of Treaties: Presidents responsible for diplomatic negotiations & formal treaties. Must receive support of 2/3 Senators The Senate did not ratify the Versailles Treaty after WW1 1979: Carter – SALT II agreed with Soviet Union 1996: Clinton – Comprehensive Test Ban Treaty But: in 1998 Clinton did not put forward the Kyoto Protocol to the Senate knowing it would fail. BUT: Presidents can sign Executive Agreements

Other checks & balances: Congress establishes the govn’t depts (eg Dept of Homeland Security) 1972 Case-Zablocki Act requires presidents to report on executive agreements to congress within 60 days Only Congress can declare war, BUT: 1973 War Powers Act (passed by a Congressional over- ride against Nixon) limits the President’s powers to commit troops overseas. Required to report to Congress within 48 hours of troop deployment. If Congress does not agree, troops must be withdrawn within 60 days.

AND: Budget Impoundment & Control Act limits the President’s powers to vire budgets (post-Watergate). President can introduce Bills to Congress, but must find sympathetic House Representative & Senator. Presidents can veto bills. Presidents can have their veto over-ridden: 1973 Nixon – War Powers Act Most vetos accepted. Clinton: in 2 terms, Clinton vetoes 36 Bills, but only 2 vetos over-ridden. (13 attempted, 11 unsuccessful over-rides). Presidents might resort to the Bully Pulpit

Select Committees can investigate executive incompetency Eg: 2005 House Select Committee on Hurricane Katrina (Bush) 1970-74 Watergate Committee (Nixon) 1987 Iran-Contra (Reagan) – illegal sale of arms to Iran to raise funds for rebels in Nicaragua (involved Col. Oliver North) 1993 Whitwater (Clintons) – property dealing

IMPEACHMENT: Proceedings brought by House, tried by Senate 1868 Pres Andrew Johnson (technicality over appointment of Secretary of State for War) – acquitted by one vote 1974 Nixon (Watergate) – resigned 1998 Clinton (perjury – Monica Lewinski case) - acquitted

Failed Amendments of the Constitution Balanced Budget Amendment. 1980’s 33 states passed an amendment requiring the Federal Govn’t to balance the budget. Gained momentum in 1990s and again in 2004, but never got the 2/3 majority needed. Equal Rights Amendment (ERA). Been before congress since 1922. 1972 Congress passed it; 1973 25 states voted for it; but never got the 38 states required (because of the issue of women in combat). Others in 21st Century: Making abortion unconstitutional; making same sex marriage unconstitutional; making flag-burning unconstitutional.

The Supreme Court Can strike down Acts of Congress or actions of the executive: Truman (steel mills); Clinton (line item veto); Obama (carbon emission targets for States?) Roosevelt did threaten ‘court packing’ over New Deal