Checks and Balances

• Legislation

  1. President can effectively set the legislative agenda through the State of the Union address

  2. President can outline past successes as well as legislative plans for the year ahead
• State of the Union address

  • In 2022, Joe Biden made clear his support for Ukraine and his plans for supporting them during their invasion
• Only Congress can introduce legislation and Congress is responsible for the vast majority of legislation passed
• Legislation passed by Congress

  • The Affordable Care Act, better known as "Obamacare", was passed into law in 2010
• Although the Affordable Care Act was proposed by President Obama, it had to be authorised and voted on by Congress
• Judicial branch, especially the supreme court

  Has the power to declare laws unconstitutional through the process of judicial review
• The judicial branch ensures that the US government operates within the boundaries of the constitution
• Executive Order

  Allows the President to create laws without Congressional approval
• Executive Order

  • Trump signed an executive order that stopped admission into the USA from Iraq, Libya, Somalia and Yemen, this was known as the Muslim Ban
• Congress can overturn an Executive order


  If a two-thirds majority agree on it
• Overturning an Executive Order

  • In 2019 Donald Trump issued a national emergency at the southern border to gain funds for building a wall, however congress passed a resolution to terminate the national emergency declaration, Trump then tried to veto this, but Congress overrode the veto with a two-thirds majority vote
• Veto, Whilst the legislative branch proposes the bulk of US federal legislation, all laws must be signed by the president and the president may veto and prevent a bill becoming law. For example, Congress passed a resolution that rejected Trumps national emergency, this got vetod by Trump.

  
  

  However, similerarly to a Executive Order it can be overturned by a two-thirds majority, For example one of President Obama’s vetoes was overridden – this was after he vetoed a bill that would have allowed the families of 9/11 victims to sue Saudi Arabia.
• Commander in chief, this gives the president the power to make decisions regarding the military. For example, 2021, Joe Biden ordered airstrikes in Syria that targeted facilities backed by Iranian militia groups in response to rocket attacks against US personell in Iraq.

  
  

  However, only Congress can declare large scale military operations and war. For example, President Bush had to seek congrsional approval for operation Iraqi freedom in 2001.