4th Block: Which is more powerful, the executive or legislative branch?
The executive is more powerful
Side Score: 104
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The legislative is ++ powerful
Side Score: 148
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7
points
The executive is more powerful than legislation because of the president’s power to make executive orders. Although executive orders aren’t written in the constitution, it is an implied power from Article 2. With this power, the president can make order which is similar to a law without having the check of congress, allowing him to work faster than congress. The president also has more power in his ability to reverse an executive order without review. Side: The executive is more powerful
While it is true that executive orders allow the president to work faster than passing a bill through Congress, the orders are not permanent. The fact that executive orders can be reversed easily isn't a strength. It shows that executive orders only work for the short term, since the next president can undo all the progress made. On top of this, the Supreme Court can declare an executive order unconstitutional, so the executive branch is still checked but by the judicial branch. He needs a constitutional basis or a statute to support his order in the long run and is not able to make these orders haphazardly. Side: The legislative is ++ powerful
It’s common knowledge that the President has the power to veto bills and other acts of Congress, but you may also argue that the President’s veto can be overridden by two-thirds vote in both the House and Senate. This however hardly happens because of how gridlocked and polarized congress is. The President has veto power for a reason, to keep the legislative branch from becoming too powerful. Side: The executive is more powerful
3
points
One reason that the executive branch is more powerful than legislation is because the executive branch isn't polarized. Congress is divided between people who identify as liberals or conservatives, and republicans and democrats. In the 2018 midterm elections, the senate was won by a majority of republicans, and the house was won by a majority of democrats. This prevents a lot from being done such as bills and laws being passed, because the democrats and republicans in congress will most likely disagree on the issue. In the executive branch however, the president has a say so in who becomes his vice president, his cabinet officials, and the head of independent agencies. Side: The executive is more powerful
2
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There is more to a presidency than just having "a say so in who becomes his vice president, his cabinet officials, and the head of independent agencies." Having a say so on who is on the President's "team" is only a minor aspect that he has full control over. If he was to do something majority of Congress didn't agree with, his team would have no power in that situation because they are essentially irrelevant. Side: The legislative is ++ powerful
1
point
I'm pretty sure the claim was that the executive isn't polarized and you have nothing disputing that. Congress is set up in a way that they are meant to disagree while the president is one person, so unless he has multiple personality disorder I don't think he'll disagree with himself. Also your statement that the president "team" is irrelevant seems completely made up. Side: The executive is more powerful
4
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President has the power to veto bills from congress and they will be sent back to congress for further discussion of the bill. Even though congress has the power to use veto override to a bill vetoed by the president, it will take ⅔ of both house for this to be passed back so the president cannot veto again. For the entire time Obama was in office, out of the 147 bills that Obama vetoed, only one bill was overridden against the president. This justifies the fact that the executive branch is more powerful than the legislative Side: The executive is more powerful
5
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Although it may be unlikely to happen, Congress still has this power over president, so when it comes to very important issues, The congress will use their power to override the presidents veto. Out of all the bills proposed throughout Obama's presidency, 147 is not a lot. So the veto power is not used much at all either. Side: The legislative is ++ powerful
You have to understand that in the beginning of Obama's presidency, the Democratic party controlled both Congress and the Presidency. There was no need for President Obama to use his veto power because his Congress agreed with him. That is not a broad enough spectrum to use as evidence to support that vetoes aren't used often. Side: The executive is more powerful
4
points
The president controls all executive orders The law doesn’t require approval from congress. Executive Order 9066, which delegated military authority to remove any or all people in a military zone.This was a United States presidential executive order signed and issued during World War II by United States president Franklin D. Roosevelt on February 19, 1942. Congress may try to overturn an executive order by passing a bill that blocks it, but the president can veto the law. Side: The executive is more powerful
While the president controls the output of an executive order he can't control what happens to it in the future. If the legislative branch feels the president's order is outrageous they can make a law getting rid of it, and if the president vetos the law, the law was already passed through both the houses so the turn out will be the same leading to a law being made. Congress has more power with its bills; they become permanent while an executive order can last only as long as other presidents and branches will let it. Side: The legislative is ++ powerful
4
points
National Emergencies- A national emergency allows the president to make laws without consulting anyone else. Which allows the president to act swiftly. And can only be undone by a super majority from both house and senate. Has been declared 59 times. Side: The executive is more powerful
While declaring national emergency is a power it is as if you're handing a loaded gun to a child. If the President doesn't get something he wants he can declare national emergency and this back fires because it is him who is doing wrong to the people of America. Citizens will see him as selfish and hold him liable for those going without, painting a bad image of himself by his own fault. For example President Trump declared national emergency for not getting the wall money effecting millions of Americans and he didn't get all of the money he wanted in the end. Side: The legislative is ++ powerful
4
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2
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The legislature has the power to overturn an Executive Order. Congress can do this by passing a bill that blocks the Executive Order. Although the president can veto this bill, Congress has the power to override a presidential veto with a 2/3 vote in both houses. The president is unable to undo this bill and would have to make another executive order to get around this law. Side: The legislative is ++ powerful
4
points
Pocket veto- An indirect veto that is issued by the president. There has been a total of 2,580 pocket vetoes that have taken place. There has only been 111 of them that have been overridden. It requires a ⅔ vote from both house and senate to overridden. Side: The executive is more powerful
5
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3
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Actually, there have only been a total of 1,066 pocket vetoes (https://history.house.gov/Institution/ Although pocket vetoes give the President a way around Congress, if he or she uses it too often they have a good chance of being impeached. Being impeached is hard to do but it's a final power that Congress has to remove the President from their position and any power he or she has. Side: The legislative is ++ powerful
4
points
While congress can impeach a president, it is very rare and has only happened twice in the 44 presidents we have had (excluding our current president because he has no officially been impeached). To impeach a president it would require his or her own party to turn against them. (Call me out in the hall if you would like me to elaborate some more ;)) Side: The executive is more powerful
The president doesn't have to sign bills and can veto. Yes, it is true that congress can try to override the veto, but that would take 2/3 of both chambers of congress to do so. Congress has only been successful in overriding the president 106 times out of 1,484. Side: The executive is more powerful
4
points
The president’s veto power gives the executive immense power over the legislative branch. A bill can be approved by both chambers in congress and by not signing it, the president can stop the bill from becoming a law. Although Congress can override a veto, it is very difficult to get ⅔ of both chambers to vote to override the veto. For example, Trump vetoed a bill passed by congress that would have countered Trump’s declaration of funding the wall as a national emergency. Side: The executive is more powerful
The president is more powerful than congress. With the executive order the president can pass a law without the approval of congress. In previous years the president used the Executive Order to delegate military authority to remove any or all people in a military. You can argue that the president’s can be overturned by passing a bill but the president also has the power to veto that bill which ultimately allows him to still get what he wants. Side: The executive is more powerful
It is important to note that executive orders are not laws. While executive orders carry the same weight as legislation, calling executive orders laws implies that the orders cannot be overturned. Remember that Congress can still overturn a president's veto as well. It takes a 2/3 vote in both houses, but Congress has successfully override vetoes in the past. The president also has the Supreme Court to worry about the constitutionality of his executive orders! He is not able to "get what he wants" so easily if a judge finds his order unconstitutional. Side: The legislative is ++ powerful
The president also has the power to Command Armed Forces. This means The president decides where troops shall be stationed, where ships shall be sent, and how weapons shall be used. All military generals take their orders from the president. Although the president cannot declare war but the Constitution makes the President Commander in Chief of all U.S. military forces, and Congress cannot give command to any other person. With this power the President only has to notify Congress within 48 hours of committing armed forces to military action. Side: The executive is more powerful
2
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President being able to veto A veto is the power to unilaterally stop an official action, especially the enactment of legislation. President has the power to veto acts of congress to prevent the legislative branch from becoming too powerful. The president has ten days (excluding Sundays) to sign a bill passed by Congress. The president's decision not to sign the legislation is a pocket veto and Congress does not have the opportunity to override.( they could by ⅔ but has never happened) Side: The executive is more powerful
1
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First off, you are wrong. There has been a presidential veto that has been overridden. One large example of this is bill number H.R.2419 during President Bush's term within two days of the veto. https://www.senate.gov/legislative/ Here is some extra information to adapt the knowledge of the overrides in president Bush's term. Side: The legislative is ++ powerful
The president has more power than congress because he is able to make executive orders. These become laws while the president is in office and even though the order can be removed when the following president comes in, congress isn't able to take it away. This shows that the president still has power to do what he wants without the approval of Congress. Side: The executive is more powerful
2
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2
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The President has the power to veto bills. President has the power to veto bills from congress and they will be sent back to congress for further discussion of the bill. This will usually mean the longer the bill has to go through process of being passed, that the bill will die somewhere back in Congress Even though congress has the power to use veto override to a bill vetoed by the president, it will take ⅔ of both house for this to be passed back so the president cannot veto again For the entire time Obama was in office, out of the 147 bills that obama vetoed, only one bill was overridden against the president. Side: The executive is more powerful
3
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The Executive is quicker and more effective than Congress. Using Executive orders and agreements, the President can enact rules and regulations in a fraction of the time it takes Congress. The President also doesn't have to seek approval from Congress for these Executive acts. In order for Congress to pass a law, it has to overcome the different opinions of 535 people in the two houses and STILL has to be approved by the president. Congress is extremely slow because not only are there two houses but two PARTIES that are constantly fighting over what the "proper" solution to a given problem is. Meanwhile, the Executive could have passed dozens of orders and agreements to accomplish practically the same things. The Executive also has control of the military which he can use to enforce the orders and agreements he enacts. Sure, there is the War Powers Resolution, but it is only a parchment barrier at this point. Every President has said it is unconstitutional and they never adhere to it for any conflict. Even current trends have been showing the power of the executive order. More executive orders have been used recently than ever before, and Congress continues to pass less and less legislation as the years pass. These continuing trends just continue to show how obsolete the Legislative branch is in the current political climate. Side: The executive is more powerful
3
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https://fivethirtyeight.com/features/ The use of executive orders is actually on the decline. If a President were to get out of control with his overuse of the military, Congress has the power to cut money from the Department of Defense. The link above has a chart of the use of executive orders. Side: The legislative is ++ powerful
Article 2 in the constitution gives the president the power to make executive orders, which are like laws, and don't have to be approved by Congress. Although they can be undone by the next president, executive orders are still a very powerful tool that works as an advantage for the current office holder, being that they allow the president to go around Congress and make emergency policies. Side: The executive is more powerful
It is not refined by the congress so if the public don't like it then they can protest to the congress and the congress can either impeach or pass a bill that kills the executive order. if the president decide to veto the bill the congress can override it too. Side: The legislative is ++ powerful
2
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Presidential Appointment powers While the president can give instructions to the US military, congress can not give orders to anyone else. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. the President of the United States to nominate and, with the advice and consent (confirmation) of the United States Senate, appoint public officials. Side: The executive is more powerful
POTUS has executive privilege and "secrecy is an inherent power of the executive." This meas everything that the president does not have to seen by the public. This goes against congress because they have to be transparent. For this reason he is more powerful because he can do what he wants and congress has to worry about public opinion. Side: The executive is more powerful
The President has the power of the pocket veto which in select circumstances can completely shut Congress out of passing legislation. When the President leaves a bill sitting on his desk, it doesn't go back to Congress. If he were to veto the bill, it could go back to Congress, and the two houses could override the Veto. If the President knows that a supermajority of Congress would pass the bill, he can just leave the bill sitting there and void the opinion of Congress. This just goes to show exactly how much control the Executive branch has over the passing of laws. Side: The executive is more powerful
2
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A president cannot use pocket vetoes reliably to have control over passing legislation. The only month that Congress is guaranteed to be out of session is August. A singular month out of the entire year is an incredibly small time frame for the president to really take advantage of pocket vetoes. More importantly, a bill only has 10 days on the president's desk and will be passed as a law automatically if the president does not take action on it and Congress is in session. If Congress is presenting bills to the president's desk, then it is likely that they will be still be in session 10 days after. Side: The legislative is ++ powerful
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7
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Congress has the power to override a presidential veto. After a presidential veto is placed on a bill, if a 2/3 vote is recorded in both houses, the bill can be passed. During the Obama administration, the president placed a veto on a bill that states families of 9/11 victims can sue Saudi Arabia. Congress proceeded to get a 2/3 vote in both houses to override this veto. Although it is relatively difficult to override a veto, if the president begins to veto too many laws, his public support will plummet and eventually he will be tried for impeachment because he will not let Congress do their job. Side: The legislative is ++ powerful
Congress barely overrides any vetoes of the President, and even then, the use of the Pocket Veto can shut out any chance for a veto override. President Bush did this for the National Defense Authorization Act for Fiscal Year 2008 which had a supermajority support in Congress. If he would have vetoed it, the veto would have been overriden, but he just pocket vetoed it instead to ensure it wouldn't go back to Congress for a vote. Side: The executive is more powerful
4
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3
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The Congress is ratifying a treaty made by the president. Doesn't put power in the hands of the executive since the legislative branch is only approving? Even if congress doesn't ratify a treaty, the president can make and executive agreement without approval of congress as long as it is constitutional. The ability of the executive to act quickly without having to go through congress give the president great power of congress! Side: The executive is more powerful
4
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Congress has the power to Impeach the President of the United States. Congress can begin the impeachment process to remove the president from office for the Conviction of High Crimes or Misdemeanors. If the Claims are ruled to be true against the President and are bad enough to be impeached over, the legislative branch can vote to remove him or her and there is nothing they can do to counter it. Although it does not happen often, Andrew Jackson was impeached from his Presidency, showing that it is not only possible to be done but that it has actually been done before. Side: The legislative is ++ powerful
An Impeachment would require bipartisan support which is pretty much impossible to obtain when it comes to the Presidency. Everything is so divided nowadays that even if an impeachment is started in the House, it is almost impossible for it to pass in the Senate. If impeachments rarely happened in the days of Andrew Jackson when it was encouraged and easier due to multiple parties, how do you expect it to happen in this heated two-party climate? Side: The executive is more powerful
4
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Congress is able to remove the President or positions appointed by the President from office. This means that if the President is taking too much power, then there will most likely be a strong push to get rid of him. Officials appointed by the President who are not doing their job properly may also have a strong push in Congress to be impeached. One of the best known examples is Watergate in which President Nixon was on the verge of impeachment which pressured him to resign.
The most recent example (2010) was with a district court judge from Louisiana. G. Thomas Porteous was charged with lying under oath. Not only was he removed from office but he was not allowed to hold future offices. Side: The legislative is ++ powerful
4
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Congress has the power to override a veto from a President if there is a ⅔ vote in both houses. During Andrew Johnson’s Presidency, Congress used 15 overrides. Andrew tried to veto 21 laws which means that Congress overrode almost 70% of his vetoes. President Pierce used 9 vetoes but Congress overrode 5 of them. That means that Congress overrode more than 50% of his vetoes. These are great examples of how Congress is able to undermine the power of the President. Side: The legislative is ++ powerful
1
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Even though the argument is factually true, it is also true that Johnson was later impeached by congress given the poor job that he was overall as a president. That being said, there was only one other president who did a good job in office and furthered the progression of our nation where the veto override rate was above 50%. Other than that ONE presidency, no other veto overrides have been even close to half or over half. This shows the power of the president with bills becoming laws and how the president is more power than Congress in this field of government which is law making. Side: The executive is more powerful
1
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It is also true that Johnson was never kicked out of office due to the sufficient majority who wanted to keep him in, allowing him to win the acquittal. I hope the following link helps support fact and actual truth. https://www.senate.gov/artandhistory/ Side: The legislative is ++ powerful
4
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Congress is able to approve positions that the President appoints such as ambassadors, judges, and SCOTUS. In a divided government, when Democrats control the Senate, it could be very difficult for the President to appoint someone who is too zealous or fervent towards him, as well as people who may not be fit for the job. A good recent example of this is from last year is during Ronny Jackson’s appointment as Assistant to the President and Chief Medical Adviser. It was postponed until he finally withdrew his position. Co-workers claimed that he created a hostile work environment and drank on the job. Side: The legislative is ++ powerful
Congress is more powerful, because it has the power of the purse (controls the money). Not only do they have this power, but it is enumerated in the constitution meaning its in a legal document and cannot be argued. And if the president creates an executive order to avoid being turned down the legislative branch, congress has the power to take away funding and stop progress of whatever Is working with that executive order. And lastly, congress can fund things to their liking which gives them more power in things they want done. Side: The legislative is ++ powerful
2
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The president still has to check all the taxes congress lays and collects. And you say "congress can fund things to their liking"? I'm pretty sure congress funds things for the benefit of the country and their constituents, not because they like what they're funding. Also say congress funds something they "like", the president can veto this and it is very difficult to override a veto as we all know. Side: The executive is more powerful
The President can call a government shutdown due to conflicts with the fiscal decisions of Congress. This happened in 2017 when President Trump demanded money for the wall. While it is not always successful, the President still has the power to influence Congress' spending habits. Side: The executive is more powerful
Although Congress has power of the purse and controls money, the current president has worked around this. Between 2017 and 2018, president Trump requested billions of dollars from Congress to build the wall, and Congress repeatedly rejected his request. To get around this Trump abused the National Emergencies Act and declared a national emergency and also signed a bill that granted over 1 billion dollars for border fencing. Trump is described as having "flimsy evidence" for his proposal, but he still got around congress and got the money he wanted after it was rejected by congress. Side: The executive is more powerful
4
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In the Constitution, Article 1 section 3 gives Congress the authority to impeach and remove "The President, Vice President, and all civil officers of the United States.” Congress can put any president or officers they feel are abusing their powers or being unconstitutional with 2/3 vote in both the House of Representatives and the Senate. Side: The legislative is ++ powerful
2
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Even though Congress does have the power to impeach the president, VP, and all civil officers of the U.S., this a very unlikely thing to happen. For every president that has been in office, only 2 out of the 45 have been impeached. Even further, out of all of the federal officers under the president's staff, only 15 have ever been impeached. So even though the power is able to be used by Congress, it has not been used nor successful when used. Side: The executive is more powerful
1
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It is true that impeachment is very unlikely to happen, but this power of congress is still held over the president and can happen if the president were to seriously abuse his/her presidential powers. The impeachment power of congress keeps presidents and other officers in line because of the fear of being kicked out of office. Side: The legislative is ++ powerful
The process is started by a two-thirds majority vote of the Parliament to impeach the President, where the Constitutional Court decides whether the President is guilty of the crime of which he is charged. This also would require the President’s own party to vote against him. This hardly happens unless the crime the President is accused of is believed to be true. Side: The executive is more powerful
4
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The legislature has the power to impeach the president. The house can vote to impeach the president. Once the House votes to impeach, the president gets a hearing in the Senate. A 2/3 majority vote can convict the president and remove them from office. Congress is currently using its subpoena power to control the media and show the people how powerful it really is by trying to impeach Donald Trump. Although this is not a common occurrence, Federalist 65 shows that the founding fathers intended this power of impeachment to be used a lot more. Side: The legislative is ++ powerful
The Congress have the power to impeach a president. Stated in Article II, section 4, it was created by the founder to prevent the potential for abuse of executive power and if an official is impeached but acquitted by the senate then they would be unlikely to be reelected. The House has impeached 20 federal officers. Of these: 15 were federal judges: thirteen district court judges, one court of appeals judge (who also sat on the Commerce Court), and one Supreme Court Associate Justice. two were Presidents: Andrew Johnson and Bill Clinton; both were later acquitted by the Senate. First, the Congress investigates the official then the house of rep vote on either to impeach the president or not and if ⅔ agreed then the senate determine is whether the president is guilty and if ⅔ of senate agreed that president is guilty then the president is removed from office. Side: The legislative is ++ powerful
consents can check and reject treaties that are presented by the President. Based on the Treaty Clause, the President must get “advice and consent” from a ⅔ vote from the Senate. Federalist 64 talks about how the Constitution grants the president the power to make treaties with consent of two thirds of the Senate. Senate has these ability to check presidential power and ensure the states are each given an equal vote. Side: The legislative is ++ powerful
3
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Congress is given the power to ratify treaties in Article 2 Section 2. In the article it is states that "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur". If the president wants a treaty to be ratified two thirds of congress must also want the treaty to be ratified. This shows how congress is more powerful than the president. Side: The legislative is ++ powerful
3
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Congress can impeach the president. If the House votes to impeach an elected official, the accused party gets a hearing in the Senate. A two-thirds majority can convict the individual and remove him or her from office. The founding fathers intended for more presidential impeachments to happen. Federalist 65 helps to back this up. This paper discusses the power of the Senate to try impeachment cases. The problem Hamilton addresses is that the accuser of wrongdoing as well as the judge of the accusation are both political bodies. Hamilton warned that the process of impeachment might become political, causing factions to polarize further away from each other in their defense or prosecution of the impeached individual. Congress can use this to subpoena people and threaten people, holding power over their heads. Side: The legislative is ++ powerful
3
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Presidential appointments must be confirmed by Congress. Congress went through many trials with Brett kavanaugh to appoint him, due to things found out about his youth years, causing the confirmation hearing to be one of the most contentious in history. In the past 100 years, the senate has rejected 3 nominations. Article II section 2 empowers the president to nominate and, “by and with the Advice and Consent of the Senate”, to appoint principal officers. Side: The legislative is ++ powerful
0
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Once again the president is still choosing the nominees. You bring up the Brett Kavanaugh case, but if you do recall he is currently an Associate Justice of the Supreme Court! Also rejecting 3 nominations is not something that strengthens your argument. That's 3 out of at least 100 nominations which shows how unlikely it is for Congress to reject a nomination. Side: The executive is more powerful
The legislative branch is much more powerful than the executive branch because congress has to approve the presidents treaties. The president can make the treaty but if it does not pass the House and the Senate with 2/3 majority vote then the treaty is no more. As stated by the treaty clause "The president … shall have the power,by and with the advice and consent of the senate,to make treaties..." Congress has rejected 21 treaties and passed several more but most of them were later withdrawn. Side: The legislative is ++ powerful
3
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Congress has the power to impeach The President and The President has no say on what is voted upon. It is stated in Article 2 Section 2 that the president does have the power to grant reprieves and pardons for offenses against the United States, except in the case of impeachment. Side: The legislative is ++ powerful
3
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Congress has power of the purse. This is a very critical power that Congress has and possibly one of their most important. They can tax and spend money for the national government. This power comes from Article 1, Section 9 Clause 7 of the Constitution, when it states: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time." The Appropriations Clause also backs up this power. An example of Congress utilizing their power of the purse for the greater good was when they eliminated all military funding for South Vietnam; ending the Vietnam War as a result Side: The legislative is ++ powerful
3
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Another reason congress is more powerful than the President is because congress has the power of the purse. Congress—and in particular, the House of Representatives—is invested with the “power of the purse,” the ability to tax and spend public money for the national government. Side: The legislative is ++ powerful
3
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Congress is more powerful than the president because congress has power of the purse. the main reason congress has the power of the purse is to ensure that the executive would not spend money without congressional authorization.Congress has the power to fund or defund organizations if they feel the organization is breaking rules, or just because the money should be appropriated to somewhere else. The president also, can not spend money without congressional consent. Side: The legislative is ++ powerful
3
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Congress has the power to ratify treaties that are being proposed to them, as mentioned in Article 2, Section 2 of the Constitution. Although the President has the power to propose treaties, they still must be accepted by 2/3 of the senate and ratified. The Enumerated Powers of the Constitution itself give Congress the rights to be able to ratify Treaties where as the executive branch can only propose them, as said in Article 2 Section 2. Congress has the power to override treaties, which is given in Article 2, section 2 of the constitution, as is a everything for treaties. Side: The legislative is ++ powerful
Who needs a treaty when you can just use an Executive Agreement? It takes half the time and can accomplish twice as much. The only down-side is that it can be undone, but if it is a necessary and sensible agreement, the next president will more than likely leave it. Side: The executive is more powerful
1
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Often times a president just leaving the executive agreement is not a reality. With the polarization and very strongly differing view points of Democrats and Republicans, it doesn't matter whether or not the agreement is reasonable. It will likely be challenged and undone if the party of the former president and the new president do not match up. Side: The legislative is ++ powerful
Congress has the power to overturn an executive order by passing legislation that invalidates it. The President can veto a bill but the Congress can override the veto by getting 2/3 majority vote from both the House and Senate. Congress override Obama’s veto of 9/11 bill that states that families of 9/11 victims can sue Saudi Arabia. The Supreme Court can declare an executive order unconstitutional. Marbury v Madison was the first Supreme Court decision to declare an executive order unconstitutional. Side: The legislative is ++ powerful
3
points
Arguably Congress' most important power, the power to create laws, as granted by the Constitution occurs when both the House of Representatives and the Senate approve a bill, which in return it becomes a proposed law. If the President chooses to veto said proposed law, Congress can simply turn around and override that with a two thirds vote from both the House and the Senate, essentially shoving the President- who is supposed to have the "most power," aside and doing as they prefer anyways. Side: The legislative is ++ powerful
3
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Congress has the power to declare war against other countries. In article 1 of the United States Constitution, Congress was given the enumerated power to declare war against foreign nations when it is necessary. The president does not have the power to declare war because that power is given to congress in Article 2, Section 2 of the constitution. Since 1789, congress has declared war 11 times, against 10 different countries. This shows that the power is not only possible to be exercised but has actually been used in many different situations and time periods. Side: The legislative is ++ powerful
The congress have the power to override a presidential veto on a bill. The process by which each chamber of Congress votes on a bill vetoed by the President. To pass a bill over the president's objections requires a two-thirds vote in each Chamber. Historically, Congress has overridden fewer than ten percent of all presidential vetoes. John Tyler vetoed the bill to protect existing contracts and to retain what he held to be presidential prerogatives in 1845. Previously, Tyler had vetoed 10 bills. This one was overturned by the required two-thirds majority in both the House and Senate. This is the first Congress override a veto. The power to override a presidential veto was given to congress in case the president have veto a reasonable bill in favor of his own or unable to see what is necessary for the country. It required a ⅔ of both house because the founders don’t want the legislative branch to be overpowered and only use this power in case of a very important bill. Side: The legislative is ++ powerful
The legislative branch is more powerful than the executive because according to the constitution in Article I section 8 it states "To make all laws which shall be necessary and proper... all other Powers vested by this constitution in the Government of the United States" This proves that congress can make any law that they please or need just by classifying it with the Elastic clause. It has to pass by the president but if he veto's it then congress can override the presidents veto and bring back the law. The law will be passed of course with 2/3 majority vote in both chambers. Side: The legislative is ++ powerful
2
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There are limitations to the Elastic Clause. It doesn't just give Congress free rein to make laws. It actually has to be necessary and proper and if it's not, the judiciary has the power of judicial review which was established Marbury v. Madison. The president also has a similar power in his ability to make and remove Executive Orders that don't have to be checked by Congress. Side: The executive is more powerful
The congress have the power of the purse to limit executive branch’s budget. Stated in Article I, Section 8 and 9 , the power of the purse is the ability of one group to manipulate and control the actions of another group by withholding funding, or putting stipulations on the use of funds. The most well-known example of this is regarding the drinking age, where Congress passed a law to withhold 10% of federal funds for highways in any state that did not raise the age to 21. The President submits a budget request to Congress. The House and Senate pass budget resolutions. House and Senate Appropriations subcommittees "markup" appropriations bills. The House and Senate vote on appropriations bills and reconcile differences. The President signs each appropriations bill and the budget becomes law Side: The legislative is ++ powerful
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Congress can override a presidential veto. Congress overrides Obama’s veto of 9/11 bill that states that families of 9/11 victims can sue Saudi Arabia. If ⅔ of congress vote to override, the bill will be passed to a law, disregarding the president's veto. The first successful override was on March 3, 1845 of John Tyler’s veto of S. 66. 106 vetoes have been overridden Side: The legislative is ++ powerful
Congress can impeach the President with 2/3 super majority. The founding fathers intended for more presidential impeachments to happen. “ His recommendation is for the Senate to conduct impeachment proceedings as apolitically as possible.” Andrew Johnson was Impeached February 24, 1868, on charges of violating the Tenure of Office Act by removing Secretary of War Edwin Stanton from office. Congress uses this to subpoena the media. Side: The legislative is ++ powerful
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