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Congress can stop or slow down executive agreements that the President issued. Congress can tell another country to not approve a President’s agreement. Congress can trial the President for impeachment in case the agreement was for Presidential gain. Congress can create laws that block the treaty in some way. Congress is more powerful because they can slow down the President's ability to create executive agreements.
Congress can has power over the bureaucracy to slow them down or stop them. Congress can cut funding to federal agencies and that agency will die. Also, Congress can impeach members of the agencies. Another thing, Congress has the power to override regulations made, by the bureaucracy, that they do not approve of, or if they feel like it has a purpose that gives an advantage to certain people. Lastly, Congress is in charge of approving agencies. That is why Congress has power to hurt the bureaucracy giving them more power than the President.
Congress can slow down the President. Congress has the power to overturn an executive order by passing legislation that invalidates it. Congress can also refuse to provide funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms. Another reason is, Congress can create bills that slow down the President’s executive order. Congress has the powers needed to slow down the President.
Congress has the power to confirm the President’s nominees and actions which gives them power over the President. Congress can write a letter to a country and tell them to not sign a treaty with our President. The Senate can also approve presidential appointments; such as cabinet members, federal judicial appointments, ratify treaties and try the President for impeachment. The House of Representatives have the power to impeach the president. Congress controls the President and other members of his Executive Branch.
Congress has the power to control the war effort. Congress has the power to declare war, which is written in the Constitution, Section 8. Congress also is in charge of creating spending bills that provide money to support the army and navy. Another word for their power over creating spending bills is the Power of the Purse. If Congress were to cut funding to the military, then the military will die. The War Powers Act of 1973 was also created to allow Congress to control the President. The President has to consult with Congress within 48 hours before using military force. Congress could also withdraw military forces from the war effort if the President did not get consent from Congress before sending out troops. These provisions just allowed Congress to prevent the President from sustaining in a war without consent.
Congress can create laws which gives them more power then the President. For example, Congress has the enumerated power to create laws which is written in the Constitution, Section 8. Also, Congress has the power to override a President’s veto, if the President vetoes Congress’s bill. And once Congress votes for overriding the veto, the President is irrelevant and the bill is passed into a law. Since Congress has the power to create laws without the President, they are, therefore, more powerful.
While that might have been true in Great Britain's government, the American government has a system of checks and balances that limits the government from using the "necessary and proper" clause against the people's natural rights. Also, the militias that you mentioned do in fact have an aspect that proves that the people have control over the militias. "...reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress" (Enumerated Powers 2). The states have the power to elect the officers of the militias and they get to train their men under certain restrictions.
The government is set up in a systems of checks and balances to keep an act of "tyranny" from one of the branches from not happening. Another thing, the government is set up in a way to protect such natural rights/power of the people. "The protection of these faculties, is the first object of government" (Federalists 10 pg. 2). The "necessary and proper" clause is not meant to hurt the People or the government would not have set up a system of checks and balances to keep a suppression of the people's natural rights from happening.
While it seems that you are worried about a tyrannical aristocracy, a tyranny of the majority is an equal probability for a small republic. Due to a small republic being too democratic, it can be easily taken advantage of by the majority interest group, a group of people with equal interest that try to gain advantages to improve their interest group. For example, when debtors were in the state legislature they suggested to pass a law that allowed a farmer to pay a banker in carrots. "...rights of the minority party...by the superior force of an interested and overbearing majority...by a common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community" (Federalists 10 pg. 1). Also, elites would not be able to take control of the government due to the system of checks and balances that were set up by the U.S Constitution. The checks and balance system allows each branch of government; judicial, executive, and legislative; to have a limited amount a power so no one branch can take complete control over the government.
As a Federalist, a Bill of Rights seems unnecessary because the Bill of Rights would just be a “parchment barrier”. Besides, the Constitution provided a system of checks and balances that would protect the People’s liberty more effectively than a list that can be easily thrown away. “The protection of these faculties, is the first object of government.” Federalist 10 pg. 2
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