CreateDebate


Debate Info

20
13
The executive is more powerful The legislative is ++ powerful
Debate Score:33
Arguments:34
Total Votes:36
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Argument Ratio

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 The executive is more powerful (20)
 
 The legislative is ++ powerful (13)

Debate Creator

Thames(131) pic



First Block: Which is more powerful, the executive or legislative branch?

Back up every claim!

The executive is more powerful

Side Score: 20
VS.

The legislative is ++ powerful

Side Score: 13
1 point

The president can use Executive Privilege to keep their presidential duties behind closed doors. Executive Privilege can and has been used effectively by several US presidents including George Washington, Barack Obama, and the current POTUS, Donald Trump

Side: The executive is more powerful
1 point

Article II of the Constitution states that the President of the United States is also referred to as Commander in Chief. Commander in Chief isn't just an honorary title either, POTUS is the head of all branches of our standing Military (US Marine Corps, US Army, US Navy, US Air Force, and the Coast Guard)

Side: The executive is more powerful
ArrogantAmb(11) Disputed
1 point

This glosses over lots of stipulations and issues. No one man rules alone, this the basis of a modern government and the title of commander in chief is no different. The President does have the power to solely send troops to only to a certain extent. Yes, he has the power to influence the paramilitaries, however many decisions are trusted to other people. In terms of the legislative's power in this, they also have the power to retract the president's troops in the War Powers Act, giving the legal right to overrule the "Commander in Chief" and flex the muscle of the legislative.

Side: The legislative is ++ powerful
Tuff__Demon(15) Disputed
1 point

The War Powers Act is seen as unconstitutional in the president's eyes basically ignoring the law completely. The president executes laws and enforces them so if they were to disagree a law, they do not have to enforce it. Simply, a president does not have to enforce the laws essentially wiping the legislative clean.

Side: The executive is more powerful
WackoKnight(10) Disputed
1 point

Its not like the president is the person who solely runs the military, only in times of crisis. Other than those its runs itself along with generals and other high ranking officials with minimal input from the president. Not to mention the president needs a formal declaration of war from congress to use in in large ways. Your right, he is the "commander in chief", but a commander isn't omnipotent.

Side: The executive is more powerful
1 point

The power to veto any legislation passed through Congress. There are two types of vetoes that the president holds, pocket vetoes and vetoes. Pocket Vetoes are used when the President refuses to sign a bill for 10 days and the bill dies on his desk. Vetoes are more commonly used and are a more formal denial of that proposed legislation. Congress has the power to override a veto with a 2/3 majority in both chambers; however, this is becoming less and less likely with a divided government, political parties controlling one part of the government while the other controls another. Most overridden vetoes occurred with a less divided government. Only 11% of vetoes have been overridden. If this power is so important, why has it not been used more?

Side: The executive is more powerful
1 point

It is in the name, a "Veto Override" by definition displays the power of the Legislative Branch. Regardless of polarization or divided government, the enumerated ability to ignore a veto was made by the creators of the Constitution to limit the powers of a tyranny or overbearing executive. An concerning the 11 percent example, this is still a very large amount! The power is not used more because a tyrannical dictator is NOT THE NORM. Imagine a game of sports were just because of the rules 11 percent of the time, the loser was crowned the winner! A Veto is an important ability, but the power to reverse one is even more so. The Voice of the people here still hold sway.

Side: The executive is more powerful
1 point

The Executive branch has the power to use Executive Agreements instead of making treaties. This also allows the president to make agreements with foreign nations without Senate’s consent and it also doesn’t allow a polarized Congress affect the treaty like agreements.This makes the Executive branch more powerful than congress because it allows the President to go around the process that the Senate and the president have to go thorough to make treaties, which, saves the president time and allows them to get things done when they need them done.

Side: The executive is more powerful
1 point

The executive branch has EXECUTIVE PRIVILEGE power on their side, which means that the executive branch doesn't have to be as transparent as Congress. This also allows the branch to ignore Congress and people without any real consequences which is pretty amazing if I'm honest with you. This can be used limitlessly and also gives the Executive a leap in power over Congress.

Side: The executive is more powerful
ArrogantAmb(11) Disputed
1 point

While the Executive Privilege enumerated in the Constitution is an undeniable strength of the executive branch, it is not without its various holes. It can be worked around and has been worked around. During the Nixon controversy, privileged was called for by Nixon time and time again, however the legislative advocated for the judiciary to allow for his transparency, this being an informal of the legislative. In any case, transparency is good for a democracy; the people knowing about how their government is ran is not a bad thing. And in some cases, its even a bad thing to keep things secret, these scandals can internally hurt the government and even the basis of democracy!

Side: The legislative is ++ powerful
1 point

The executive branch has the President, he is head of nation and most important person who lives here. He is also the Commander in Chief of our armed forces and has the power to deploy them wherever he thinks is necessary as long as it is not to declare war and Congress is notified of the matter within 48 hours. He also has access to mass media and is able to sway the public to put pressure on Congress who will be forced to sway in the direction of the people because they are directly for them which is known as the Bully pulpit. This gives the president control over Congress which makes them weaker than the Executive as a result making the Executive Branch more powerful than the legislative.

Side: The executive is more powerful
1 point

POTUS has veto power. This means that POTUS has the option to sign a bill or even flat out refuse said bill

Side: The executive is more powerful
Pesto_Knight(10) Disputed
1 point

The Legislature has the power to overturn said veto and get the bill into law without the presidents approval. According to Article one, section 7 of the United States Constitution.

"Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law."

Side: The legislative is ++ powerful
1 point

Executive orders are a strong power used often in the time of a divided government. They have become more powerful since division becomes more prevalent. These orders hold the same enforcement power as any bill passed in Congress; however, they can become void when the next president assumes the presidency. The orders are becoming increasingly more effective for a short time use often used by presidents to fulfill their campaign promises. They are terrible for a long term change. This does not mean that the idea behind the order could not be turned into a law that becomes permanent; there just needs to be enough public support for the bill. This is how the executive branch has grown so powerful, creating change for 4 to 8 years then leaving office with their orders never to be seen again.

Side: The executive is more powerful
Pesto_Knight(10) Disputed
1 point

Executive orders are also notoriously easy to overturn. Sure, they may carry the weight of law, but when the president's terms are up, they can be overturned just as quickly. Not to mention that they can be easily overturned by the supreme court if they are deemed unconstitutional.

Side: The legislative is ++ powerful
1 point

The whole purpose of the Presidency is to enforce the laws passed by Congress in a formal setting. If the president does not want to enforce a law, they do not have to enforce it. Prime example would be the aforementioned War Powers Act which the president views as unconstitutional and does not enforce it. This can be done with any legislation, with a lack of enforcement it is only a piece of paper.

Side: The executive is more powerful
1 point

An undeniable and enumerated power of the Legislative branch is the Power of the Purse. In broad terms, the power extends from passing taxation legislation to passing bills concerning the budgeting of agencies. Directly impacting the Executive Branch. This budgeting power is specifically important to the impact on the Executive, the ability to effectively turn off funding can kill agencies. Moreover it is constitutionally supported and will always hold up in courts.

Side: The legislative is ++ powerful
Profound_Wiz(8) Disputed
1 point

Yes your are correct my dear sir but what happens when you need bills signed and there is no president to sign and enforce them, because they are useless without the presidents signature. The bill is not officially a law until signed and the bill has to be a law before it is enforced. Also some other matters that need to be handled aren't constitutionally in the jurisdiction of the legislative branch which means any acts that are needed to be acted upon that are only constitutionally in the jurisdiction of the executive branch. The federal government will lose it balance and will all come crumbling down all because the Legislative wants to be almighty and more powerful than the executive branch. Using this against the Executive is not a power but a weakness. The Legislative branch needs the executive branch and their agencies because the failure to effectively serve the citizens will not hold up constitutionally in courts.

Side: The executive is more powerful
Tuff__Demon(15) Disputed
1 point

When the mention of killing agencies is brought, there are many unspoken responsibilities held by the federal agencies that go unnoticed by the general public or candidates who are advocating for the cutting of agencies like the Department of Energy. The Power of the Purse is talking about taxing bills starting exclusively in the House of Representatives and

a slight mention of how budgets are made;however, the federal budget is a co-effort from the President and Congress. The president presents a budget plan to Congress which in turn they can ratify through both houses and require the president's approval.

Side: The executive is more powerful
1 point

An inherent power of the Legislative branch is its constitutional power of impeachment over any government official. The power has even been seen to be used to great effect, seen in the Nixon administration, wherein televised oversight of the impeachment process killed his approval and strong armed him to resign. Nothing is stopping a similar case for any executive branch member. Moreover the qualifications for impeachment are left vague with lines such as "High Crimes & Misdemeanors" for the stretching of legislative power. The executive is put at ultimate check here.

Side: The legislative is ++ powerful
Tuff__Demon(15) Disputed
1 point

In Nixon's case, there was such a public disdain towards him that even his own party decided to turn against him. Most impeachments require that defendant's party turn against them in order to go through with the trial and charges. Like before, this is going to become less likely within a divided government and as government officials become more partisan. So to make the argument that impeachment is open to executive officials without the turning of their party is a false one.

Side: The executive is more powerful
Yodabama(9) Disputed
1 point

Regardless of their guilt, a president's Executive Privilege can prove to be advantageous if used correctly. During the Mueller Investigation, President Donald Trump used his Executive Privilege against Robert Mueller

Side: The executive is more powerful
Profound_Wiz(8) Disputed
1 point

Yes but this become less likely to happen in a divided government. One would need the office holders own party to go against them like seen in a Nixon case but this a new day and age and the chance of that happening is very low. This is a check but make sure there is a guarantee that the office holder own party will at least slightly go against them.

Side: The executive is more powerful
1 point

One of the distinct features of a nation, country, and world power is War. Enumerated in the constitution is Congress ability to declare war. In the case that the legislative branch does declare war, it brings with it heavy implications. A proper declaration brings about it many monetary grants and funds seen in previous conflicts, such as the War on Terror, where congress empowered the President with their funding to do what needed to be done. This constitutional power is an enormous one and is what dictates entire global affairs as well as domestic ones. The weight of the US military is not present without the explicit permission of the elected body that is the Legislative Branch. Lastly, this will always be constitutionally supported.

Side: The legislative is ++ powerful
Yodabama(9) Disputed
1 point

As Commander in Chief, POTUS can deploy troops, only needing a Declaration of War after 90 days of deployment.

Side: The executive is more powerful
Tuff__Demon(15) Clarified
1 point

Congress does not have to declare war to continue funding troops but they do have the power to fund the military and deny funding virtually ending the skirmish.

Side: The executive is more powerful
Profound_Wiz(8) Disputed
1 point

Congress does have the legislative branch does have the power to declare war but how can congress declare war without the power to send troops out to the war zone. This power that legislative has is basically useless because we are just sitting ducks if the commander in chief does send out troops to fight the war that congress has declared. This doesn't make the legislative branch powerful but it does make them look useless

Side: The executive is more powerful
1 point

Congress has the oversight power to conduct hearing and even impeach executive officials. Hearings “with power to send for persons and papers, and with instructions to inquire into the condition of the various executive departments, the ability and integrity with which they have been conducted, . . .” “The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." ”The House of Representatives ... shall have the sole Power of Impeachment.The Senate shall have the sole Power to try all Impeachments.

Side: The legislative is ++ powerful

Imagine that you are playing a game against a group of friends where the rules can be changed on the fly simply by a majority decision. If two thirds of the group agree, a rule can be added, an older rule modified, or an older rule is thrown out completely. Now imagine that you are the President of the United States, and you "Playing" against the Legislature that has the power to "Change the rules" as described above. This is almost exactly how the Constitutional amendment power works as described in Article five of the Constitution. The most the President could do to stop the amendment process is use the informal power of the "Bully Pulpit", and that's not even guaranteed to work.

Side: The legislative is ++ powerful
Tuff__Demon(15) Disputed
1 point

Yes Congress can amend the Constitution but only 17 amendments have been added with the over 11,000 proposals. Also in the scenario, the states are not mentioned at all with the "rule change." Amendments need a 3/4 majority from all of the states as well so the power is not solely vested in the federal legislature branch. The rules can change but not as often as if the power was as important as it is being argued to be.

Side: The executive is more powerful
1 point

Our powers being so enumerated and engrained in the constitution in not a weakness, we have the necessary & proper clause, we have the commerce clause which states,

"To regulate Commerce with foreign Nations, and among the several States…”, and that can be interpretted and used in alot of ways, money is the life blood of the world and we have control over it. The supremacy states that "the laws of the United States... and all treaties made... shall be the supreme law of the land; and the judges in every state shall be bound thereby". The laws we make are permanent and supreme and our supported by the power of the constitution and these enumerated clauses give us tremendous power in the supreme court, yours can be undone in 4 years, or however little is left of your term. Not to mention we constantly focus on specific issues that affect the nation, your only needed when there's some catastrophe.

Side: The legislative is ++ powerful

In the event of the executive branch acting out or against the people, the legislature has been entrusted with the power of impeachment, The removal of an executive from office. This was established in the U.S. Constitution, Article II, section 4

Side: The legislative is ++ powerful

The legislature of the United States, particularly the house, is granted the power to set tax rates for the citizenry. According to Article I, Section 8, Clause 1 of the constitution,

"The Congress shall have Power to lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States."

Side: The legislative is ++ powerful
1 point

“and [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court”. The president may appoint S.C.O.T.U.S judges, but they must be approved by a majority of senate, if we don't like your choices, or if our majority party is opposing to yours, we have more power in the judiciary. All of those supreme court cases that decreased and increased the power of the other branches over the years will have people that align with our ideals.

Side: The legislative is ++ powerful