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Executive Dominance
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Executive Dominance
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With reference to the source and any other relevant information you have studied,discuss the extent to which the Constitution has failed in its aim of preventing executive
dominance in the US. (30 marks).
Paragraph Key Points Key Cases
Intro 55 FF - determined President restrained by Article 3 - established independent
Constitution - avoid repeat of tyrannical rule judiciary - free from executive
similar to King George III. interference - unafraid bring full force of
Achieved by amalgam of factors - SOP, checks and the law on all US Executive members
balance, federalism + independent S.C. including president.
Quote source. However, commentators - argue
FF - set up singular executive - impressive list of expanding dimensions White House
powers - Article 2, careful to balance these - building - symbolic of the massive growth
Congress - series of checks to use against - found in power + scope of the executive.
in Article 1. Worry President - came to dominate the
Principle SOP - French philosopher, Montesquieu political landscape.
- three branches = separate personnel - avoids Has the Constitution prevented executive
conflict of interest + independent from one dominance?
another but interdependent.
Means no branch - unilaterally.
Article 4 + Amendment 10 = combine establish
federalist division of power between national
government + capital + state gov. - ensures
swathe of jurisdiction was beyond presidents
legislative reach.
Paragraph 1 C+B’s – Congress possess – can + frequently – President - dominate legislative agenda –
amend, delay + reject executive sponsored bills fair to say Congress + its committees =
from the White House. formidable obstacle. (Life and death over
Diluted version – Obama’s Healthcare Reform Bill bills).
passed in - Congress enforced unwanted Congress – 2/3’s majority both houses –
amendments. over-ride presidential veto = bill brought
Senate Bill – avoid US falling off the ‘fiscal cliff’ back to live and passing it into law.
approved by Obama - went to the ‘eleventh hour’. This goes against Presidents wishes –
September, Sen. Ted Cruz (R-Tex.) engaged in a happened twice to Bill Clinton, 1995
hours - 21 hours + 19 minute filibuster – strip Securities Bill.
funding the Obamacare bill. Critics – Congress point out Clinton used
Constitution grants Senate unlimited powers of veto without being overridden 34 times in
debate – led to ‘talkathons’ –block legislation – 9 years.
talk bill to death = serious delays. Fear President revenge by with-holding
Obama’s “carried interest” tax bill 2012 – ‘pork’ – federal contracts for
rejected Senate despite Obama’s own Democrat districts/states usually enough ensures
Party – slim majority in chamber. bills death.
Paragraph 2 Congress- "power of the purse". Senate - confirm or reject executive
Can reject the annual budget - Appropriations appointments. Bush 2005 nominee - S.C.
Committees approve the itemised spending - vacancy - withdrew - influential Senate
individual departments. Judiciary Committee refused to
Congressional budgetary oversight - 2003 recommend her - full house.
G.W.Bush - $700bn tax cut - settle for $350bn. Congress - prevent executive dominance
Critics - lacks of check - foreign policy - seeks 2/3's - impeachment, trial + removal.
majority - Senate treaties foreign nations = long Any member - accused but in history -1
delays or outright rejection. cabinet office, W.Belknap 1876 + two
Case with Clinton's Comprehensive Test Ban presidents, A.Johnson 1868 + B.Clinton
Treaty 1999. 1999 = impeached but acquitted.
Threat of near certain impeachment -
Richard Nixon resignation in 1974 -
'Watergate Scandal' - presence of Article
II = deterrent presidential behaviour.
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