Differentiate the executive and legislative branches of the U.S. government.

 

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, 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

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? 

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

Competency Assessment Rubric

All competency criteria must be met to earn a B grade and pass this Course Outcome.

A predefined number of mastery criteria must be met to earn an A grade, indicating mastery of the Course Outcome. See the CLA and Grade Criteria Chart below.

MET

NOT YET MET

Legislative Branch: Check on Executive Branch

Competency

Explains how the legislative branch acts as a check against the executive branch.

X

Mastery

Supports description of legislative branch’s checks with specific, referenced examples.

X

Executive Branch: Check on Legislative Branch

Competency

Explains how the executive branch acts as a check against the legislative branch.

X

Mastery

Supports description of executive branch’s checks with specific, referenced examples.

X

Executive Versus Legislative Branch: Analysis

Competency

Explains how either the executive or legislative branch wields more power at the expense of the other branch.

X

Explains why an analysis of executive versus legislative powers is important to the student.

X

Mastery

Supports description of legislative and/or executive branch’s power with specific, referenced examples.

X

Total Competency Criteria:

Total Mastery Criteria:

CLA and Grade Criteria Chart

CRITERIA

CLA Score

Grade

Points

Meets all competency criteria and 2–3 of mastery criteria

5

A

1000

Meets all competency criteria and 0–1 of mastery criteria

4

B

850

Meets 3 of competency criteria

3

Not Yet Competent*

0

Meets 2 of competency criteria

2

Not Yet Competent*

0

Meets 1 of competency criteria

1

Not Yet Competent*

0

Meets 0 competency criteria

0

Not Yet Competent*

0

No submission

NA

Not Yet Competent*

0

*Not Yet Competent grades convert to an F at term end.

*If work submitted for this competency assessment does not meet the minimum submission requirements, it will be returned for revision without being scored. If the work submitted does not meet the minimum submission requirements by the end of the term, you will receive a failing score.

Minimum Submission Requirements

Minimum Submission Requirements

MET

NOT YET MET

· Full-sentence outline format

X

· APA formatting (including in-text citations and a separate reference page following the outline)

X

· Three sources (including the class text and two additional outside sources)

X

Congress and the Presidency: An Unequal Relationship 1

4

Congress and the Presidency: An Unequal Relationship
Jorge Gonzalez
SS236M2
Purdue Global University
March 15, 2021

Thesis
Thesis: The legislative branch is more powerful than the executive branch because it is in charge of making laws. Comment by Erica Johnson: This is not convincing. The executive branch can veto laws and issue executive orders. Comment by Erica Johnson:

Outline
I. As per the U.S. Constitution, Congress has the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers (Whitehouse.gov, 2021).
a. In 2008, George W. Bush vetoed the Medicare Improvement bill. However, the veto was overridden by Congress with significant majority. Comment by Erica Johnson: Cite
b. In 1998, Congress exercised its power over the executive when President Bill Clinton was subject to an impeachment vote in the House of Representatives and then the impeachment trial in the Senate.
c. Finally, the senate refused to confirm the appointment of Debo Adegbile to be the head of the Civil Rights Division within the Justice Department. Comment by Erica Johnson: When?
II. As per the U.S. Constitution, the President who is the head of the executive branch, has the power either to sign legislation into law or to veto bills enacted by Congress (Whitehouse.gov, 2021). Comment by Erica Johnson: He has more powers than this.
a. President Roosevelt vetoed 635 bills from congress during his terms in office. Congress managed to successfully override 9 bills only. Comment by Erica Johnson: Theodore or Franklin?
b. President George W. Bush committed US military forces to Iraq and Afghanistan without the Congressional authorization under the Constitution War Clause after the 9/11 terror attack.
c. In 2015, President Barack Obama vetoed a bill authorizing the controversial Keystone XL pipeline (Eilperin & Zezima, 2015)
III. The legislative branch has more power than the executive branch because it can enact legislation and declare war, and it can also confirm or reject many Presidential appointments. Congress can also override a presidential veto with a two-thirds vote of both houses.  Comment by Erica Johnson: Checks and balances
a. For example, Congress declared war On August 7, 1964, when it passed the Gulf of Tonkin Resolution. The resolution authorized President Lyndon Johnson to take any measures he believed were necessary to retaliate and to promote the maintenance of international peace and security in Southeast Asia (history.state.gov, n.d.). Comment by Erica Johnson: They gave him a lot of power.
b. The above example is interesting because it shows the power of the Llegislative branch over the Eexecutive branch. Before the resolution was made, President Johnson had requested permission from Congress to increase the presence of US military forces in Indochina. The President could not act on his own after two destroyers stationed in the Gulf of Tonkin in Vietnam reported that they had been fired upon by North Vietnamese forces.
c. This example is important to me because it shows how Congress exercises its powers. It also shows how the Llegislative and the Eexecutive branch work together. Comment by Erica Johnson: This does not support your argument above that the legislative is more powerful.

References Comment by Erica Johnson: You must use the course text.
Eilperin J. and Zezima K. (2015, February 24). Obama Vetoes Keystone XL bill. The Washington Post. https://www.washingtonpost.com/news/post-politics/wp/2015/02/24/keystone-xl-bill-a-k-a-veto-bait-heads-to-presidents-desk/
The executive branch. (2021, January 17). The White House. https://www.whitehouse.gov/about-the-white-house/our-government/the-executive-branch/
The legislative branch. (2021, January 15). The White House. https://www.whitehouse.gov/about-the-white-house/our-government/the-legislative-branch
Milestones: 1961–1968. (n.d.). Office of the Historian. https://history.state.gov/milestones/1961-1968/gulf-of-tonkin