A blog set up to provide reading, video and audio material for students studying AS and A-Level Politics at Alleyn's School.
Showing posts with label checks and balances. Show all posts
Showing posts with label checks and balances. Show all posts

Monday, 30 September 2013

Seven hours to go until US Government Shutdown ... and that isn't even the worst of it...

The US Senate has rejected a budget bill passed (see BBC article for some decent analysis) by the Republican-led House of Representatives, with just hours left to avert a government shutdown.

The Democratic-led Senate voted 54-46 against the bill, which would fund the government only if President Obama's healthcare law were delayed a year.

If no agreement is reached by midnight (04:00 GMT), the government will close all non-essential federal services.
Capitol Hill


See this interesting BBC article on the US government shutdown, and how this isn't even the worst of it. The bigger problem is, if the Democrats and Republicans continue to disagree, then the US would breach its "debt ceiling" - that means there's a chance that the world's biggest economy could default on its debt.

Saturday, 21 September 2013

Recent John Boehner Plan Highlights Importance of Checks and Balances

John Boehner, current Speaker of the US House of Representatives (Ohio), has recently suggested a Republican plan to avert the immanent 'fiscal cliff' or austerity crisis, by using Congress' powers to raise the debt ceiling (the amount that the government can borrow for public spending). To not raise the ceiling would lead to severe austerity and possible recession.

This'll go well. (J. Scott Applewhite, File/Associated Press)

Boehner has suggested that he would only agree for Congress to raise the debt ceiling if  President Obama agreed to make changes to Obamacare. He has accused the President of partisanship (working in the interests of his party - in contrast to bipartisanship [working with other parties to achieve a goal]):
“Given the long history of using debt limit increases to achieve bipartisan deficit reduction and economic reforms, the speaker was disappointed but told the president that the two chambers of Congress will chart the path ahead,” a Boehner aide said in an email.
President Obama warned Boehner against playing politics with the nation's finances:
“The President telephoned Speaker Boehner and told him again that the full faith and credit of the United States should not and will not be subject to negotiation,” the official said in a statement provided to POLITICO. “The President reiterated that it is the constitutional responsibility of the US Congress to pass the nation’s budget and pay the nation’s bills.”
He has now suggested granting autonomous power to the president to willfully raise the debt ceiling without Congress.

Opinions vary on whether this is good or bad thing for checks and balances. On the one hand,  handing over additional powers to the president could be seen as undesirable as signals an expansion of the executive. The bipartisan compromises that come out of incidences between Congress and the President lead to effective checks and balances on abuses of power.

The argument can also be made that accomplishing things would come at a greater ease and benefit to the people if only one man had the power to enact changes. This is something that the Founding Fathers were guarding against, because they understood that absolute power corrupts absolutely.

However, William Galston, writing in the Wall Street Journal, said President Obama is probably permitted - and even required - to borrow money himself in order to pay off debts coming due and to avoid defaulting, whether Congress approves or not.

Writes Galston:

The precise constitutional issue is the relation between the two terse sentences that define and delimit authority over government borrowing. Article I, section 8, provides (in part) that “The Congress shall have Power . . . To borrow money on the credit of the United States.”
The other key constitutional provision is section 4 of the 14th Amendment, which provides (in part) that “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions . . . shall not be questioned . . . ”
The most plausible reading of the Constitution allows him—in fact requires him—to do what is necessary to avoid defaulting on the public debt, whatever Congress may do or fail to do. But the Constitution does not allow him to treat all existing statutory programs on a par with the public debt—if doing so would require him to issue new debt above and beyond what is needed to pay the principal and interest on existing debt.

Obama appears to agree. What you think Mill Hill Politics students? 

An article agreeing that powers should be given to the President to raise debt ceiling:

Thursday, 19 September 2013

Checks and balances in the US Constitution: Presidential vetoes

Article I of the US Constitution requires every bill, order, resolution or other act of legislation by the Congress of the United States to be presented to the President of the United States for his approval.

When the President is presented the bill, he can either sign it into law, return the bill to the originating house of Congress with his objections to the bill (a veto), or neither sign nor return it to Congress after having been presented the bill for ten days exempting Sundays (if Congress is still in session, the bill becomes a law; otherwise, the bill does not become a law and is considered a pocket veto).

Occasionally, a President either publicly or privately threatens Congress with a veto to influence the content or passage of legislation. There is no record of what officially constitutes a "veto threat," or how many have been made over the years, but it has become a staple of Presidential politics and a sometimes effective way of shaping policy.

Here is a list of recent presidential vetoes. 

PresidentRegular
vetoes
Pocket
vetoes
Total
vetoes
Vetoes
overridden
Percentage vetoes
overridden[2]
Percentage regular
vetoes overridden
Total1497106725641104%7%






Richard Nixon261743716%27%
Gerald Ford4818661218%25%
Jimmy Carter13183126%15%
Ronald Reagan393978912%23%
George H. W. Bush[3][4]29154412%2%
Bill Clinton3613725%6%
George W. Bush11112433%36%
Barack Obama20200%0%
Barack Obama 

December 30, 2009: Vetoed H.J.Res. 64, Making further continuing appropriations for fiscal year 2010, and for other purposes. Override attempt failed in House.

October 7, 2010: Vetoed H.R. 3808, the Interstate Recognition of Notarizations Act of 2010. Override attempt failed in House.