discuss the extent to which the Constitution has failed in its aim of preventing executive
dominance in the US. (30 marks).
Paragraph Key Points Key Cases
Intro 55 FF - determined President restrained by Article 3 - established independent
Constitution - avoid repeat of tyrannical rule judiciary - free from executive
similar to King George III. interference - unafraid bring full force of
Achieved by amalgam of factors - SOP, checks and the law on all US Executive members
balance, federalism + independent S.C. including president.
Quote source. However, commentators - argue
FF - set up singular executive - impressive list of expanding dimensions White House
powers - Article 2, careful to balance these - building - symbolic of the massive growth
Congress - series of checks to use against - found in power + scope of the executive.
in Article 1. Worry President - came to dominate the
Principle SOP - French philosopher, Montesquieu political landscape.
- three branches = separate personnel - avoids Has the Constitution prevented executive
conflict of interest + independent from one dominance?
another but interdependent.
Means no branch - unilaterally.
Article 4 + Amendment 10 = combine establish
federalist division of power between national
government + capital + state gov. - ensures
swathe of jurisdiction was beyond presidents
legislative reach.
Paragraph 1 C+B’s – Congress possess – can + frequently – President - dominate legislative agenda –
amend, delay + reject executive sponsored bills fair to say Congress + its committees =
from the White House. formidable obstacle. (Life and death over
Diluted version – Obama’s Healthcare Reform Bill bills).
passed in - Congress enforced unwanted Congress – 2/3’s majority both houses –
amendments. over-ride presidential veto = bill brought
Senate Bill – avoid US falling off the ‘fiscal cliff’ back to live and passing it into law.
approved by Obama - went to the ‘eleventh hour’. This goes against Presidents wishes –
September, Sen. Ted Cruz (R-Tex.) engaged in a happened twice to Bill Clinton, 1995
hours - 21 hours + 19 minute filibuster – strip Securities Bill.
funding the Obamacare bill. Critics – Congress point out Clinton used
Constitution grants Senate unlimited powers of veto without being overridden 34 times in
debate – led to ‘talkathons’ –block legislation – 9 years.
talk bill to death = serious delays. Fear President revenge by with-holding
Obama’s “carried interest” tax bill 2012 – ‘pork’ – federal contracts for
rejected Senate despite Obama’s own Democrat districts/states usually enough ensures
Party – slim majority in chamber. bills death.
Paragraph 2 Congress- "power of the purse". Senate - confirm or reject executive
Can reject the annual budget - Appropriations appointments. Bush 2005 nominee - S.C.
Committees approve the itemised spending - vacancy - withdrew - influential Senate
individual departments. Judiciary Committee refused to
Congressional budgetary oversight - 2003 recommend her - full house.
G.W.Bush - $700bn tax cut - settle for $350bn. Congress - prevent executive dominance
Critics - lacks of check - foreign policy - seeks 2/3's - impeachment, trial + removal.
majority - Senate treaties foreign nations = long Any member - accused but in history -1
delays or outright rejection. cabinet office, W.Belknap 1876 + two
Case with Clinton's Comprehensive Test Ban presidents, A.Johnson 1868 + B.Clinton
Treaty 1999. 1999 = impeached but acquitted.
Threat of near certain impeachment -
Richard Nixon resignation in 1974 -
'Watergate Scandal' - presence of Article
II = deterrent presidential behaviour.