Congress and the Presidency: An Unequal Relationship?
"The tyranny of the legislature is really the danger most to be feared, and will continue to be so for many years to come. The tyranny of the executive power will come in its turn, but at a more distant period."
- Thomas Jefferson
In 1783 American colonists, defying incredible odds, had just beaten the United Kingdom, western hemisphere's preeminent power, in the
American War for Independence
. (NPS.gov, n.d.) Now, these thirteen colonies, saddled with a new governmental charter, the onerous
Articles of Confederation
, sought to chart their own, independent path. (Gilderlehrman, n.d.) As a result, in 1787 disgruntled colonists sent delegates to Philadelphia in order to revise the dysfunctional Articles of Confederation. Yet, in a radical departure, most delegates decided not to amend the current constitution, but instead to craft a new Constitution. (OConnor & Sabato, 2019)
During the four month Constitutional Convention the delegates readily agreed upon James Madison’s basic premise of a new, United States government delineated along three branches: legislative, executive, and judicial. That said, most delegates envisioned a strong legislative body and a weak executive office. (Maier, 2011)
Today, many historians and political scientists argue that the institution of the presidency has dramatically increased in power since the end of WWII at the expense of Congress.
This notion of a modern, expansive presidential power, stands in steadied contrast to Congress’ Constitutional ability to “check” the executive branch.
The U.S Congress has three, broad powers that, as per the founding fathers, act as a “check” against the executive branch:
Lawmaking Power. Only Congress can propose and pass legislation.
An example of Congress’s lawmaking function is the
Declaration of War with Japan of 1941
. More information about Congress’s ability to declare war can be found on the official
House of Representatives’ website
.
Budgetary Power. Only Congress has the authority to pass and fund the federal budget. Whereas the president request monies for the federal bureaucracies, Congress actually controls the purse strings.
An example of Congress’s budgetary function is the
Congressional Budget Act of 1974
. More information about the Congressional Budget Act of 1974 can be found on the official
House of Representatives’ website
.
Oversight Power. As per Whitehouse.gov, “Oversight of the executive branch is an important Congressional check on the President’s power and a balance against his discretion in implementing laws and making regulations. A major way that Congress conducts oversight is through hearings. The House Committee on Oversight and Government Reform and the Senate Committee on Homeland Security and Government Affairs are both devoted to overseeing and reforming government operations, and each committee conducts oversight in its policy area.” (Whitehouse, .
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Congress and the Presidency An Unequal RelationshipThe .docx
1. Congress and the Presidency: An Unequal Relationship?
"The tyranny of the legislature is really the danger most to be
feared, and will continue to be so for many years to come. The
tyranny of the executive power will come in its turn, but at a
more distant period."
- Thomas Jefferson
In 1783 American colonists, defying incredible odds, had just
beaten the United Kingdom, western hemisphere's preeminent
power, in the
American War for Independence
. (NPS.gov, n.d.) Now, these thirteen colonies, saddled with a
new governmental charter, the onerous
Articles of Confederation
, sought to chart their own, independent path. (Gilderlehrman,
n.d.) As a result, in 1787 disgruntled colonists sent delegates to
Philadelphia in order to revise the dysfunctional Articles of
Confederation. Yet, in a radical departure, most delegates
decided not to amend the current constitution, but instead to
craft a new Constitution. (OConnor & Sabato, 2019)
During the four month Constitutional Convention the delegates
readily agreed upon James Madison’s basic premise of a new,
United States government delineated along three branches:
legislative, executive, and judicial. That said, most delegates
envisioned a strong legislative body and a weak executive
office. (Maier, 2011)
Today, many historians and political scientists argue that the
institution of the presidency has dramatically increased in
2. power since the end of WWII at the expense of Congress.
This notion of a modern, expansive presidential power, stands
in steadied contrast to Congress’ Constitutional ability to
“check” the executive branch.
The U.S Congress has three, broad powers that, as per the
founding fathers, act as a “check” against the executive branch:
Lawmaking Power. Only Congress can propose and pass
legislation.
An example of Congress’s lawmaking function is the
Declaration of War with Japan of 1941
. More information about Congress’s ability to declare war can
be found on the official
House of Representatives’ website
.
Budgetary Power. Only Congress has the authority to pass and
fund the federal budget. Whereas the president request monies
for the federal bureaucracies, Congress actually controls the
purse strings.
An example of Congress’s budgetary function is the
Congressional Budget Act of 1974
. More information about the Congressional Budget Act of 1974
can be found on the official
House of Representatives’ website
.
3. Oversight Power. As per Whitehouse.gov, “Oversight of the
executive branch is an important Congressional check on the
President’s power and a balance against his discretion in
implementing laws and making regulations. A major way that
Congress conducts oversight is through hearings. The House
Committee on Oversight and Government Reform and the
Senate Committee on Homeland Security and Government
Affairs are both devoted to overseeing and reforming
government operations, and each committee conducts oversight
in its policy area.” (Whitehouse, 2019)
An example of Congress’ oversight function is the
Gulf of Tonkin Resolution of 1964
and the resulting
War Powers Resolution of 1974
. A more detailed explanation of the Gulf of Tonkin Resolution
can be found at the
State Department’s website
. A more detailed explanation of the War Powers Resolution of
1974 can be found at the
National Constitution Center
.
So, is there an imbalance of power between the legislative and
executive branches? If so, who has the upper hand? Inquiring
minds want to know!
Directions
: Using the following
outline template
4. and requirements, craft a full sentence, two page outline that
analyzes the legislative and executive branches.
Lumen’s Principles of Public Speaking
has an excellent example of a full sentence outline. Please
include the following:
As per the U.S. Constitution, how does the legislative branch
act as a check against the executive branch?
Support your answer with information obtained from the text,
supplemental academic research, and the U.S. Constitution.
As per the U.S. Constitution, how does the executive branch act
as a check against the legislative branch?
Support your answer with information obtained from the text,
supplemental academic research, and the U.S. Constitution.
Explain how either the executive or legislative branch wields
more power at the expense of the other branch.
Support your answer with at least two Congressional legislation
and/or executive orders.
Why does this example interest you?
Why is this example important to you?
5. Your full sentence outline should also meet the following
requirements:
APA format.
Title page.
Reference page.
APA citations.
Double spaced sentences.
12-point Times New Roman font.
Standard English grammar conventions.
Correct grammar.
Correct punctuation and spelling.
Logical, well ordered sentences.
Due March 14, 2021 @ midnight,, no pressure