Question 1

At what stage of the legislative process does the president have the most power and why?

Accepted Answer

The president has the most power during the legislative process at the stage of bill signing. This is because the president has the authority to either sign a bill into law or veto it. If the president signs the bill, it becomes law. However, if the president vetoes the bill, it can still become law if two-thirds of both the House of Representatives and the Senate vote to override the veto. Therefore, the president's power at the bill signing stage is significant as it ultimately determines whether the bill becomes law or not. Additionally, the president can also use the threat of a veto to influence the content and passage of legislation, giving them considerable leverage during this stage of the legislative process.

Question 2

Has Congress delegated too much power?
a. To whom have they delegated most excessively?
b. Will it be easy to claw back the powers they have delegated?

Accepted Answer

The question of whether Congress has delegated too much power is a matter of ongoing debate among legal scholars, political scientists, and policymakers. The delegation of powers by Congress typically refers to the transfer of regulatory authority to federal agencies and the executive branch. This delegation is a fundamental aspect of the administrative state, allowing for specialization and expertise in governance.

a. To whom have they delegated most excessively?

Critics of the current system argue that Congress has delegated excessively to federal agencies. These agencies, such as the Environmental Protection Agency (EPA), the Federal Communications Commission (FCC), and the Securities and Exchange Commission (SEC), have significant power to create regulations that have the force of law. The executive branch, under the President's leadership, also wields considerable power through executive orders and control over the agencies.

The concern is that such delegation can lead to a lack of accountability, as agencies may not be as directly answerable to the electorate as elected officials are. Additionally, some argue that it can lead to an imbalance of power among the branches of government, with the executive branch accumulating more power at the expense of the legislative branch.

b. Will it be easy to claw back the powers they have delegated?

Clawing back powers that have been delegated to federal agencies and the executive branch is a complex and challenging process. It would likely require significant legislative action, including the passage of new laws that either limit the scope of agency authority or enhance Congressional oversight. Such efforts could face political resistance, as the current balance of power is the result of many years of legislative and administrative actions, and many stakeholders have vested interests in maintaining the status quo.

Moreover, the Supreme Court plays a role in interpreting the nondelegation doctrine, which is the principle that Congress cannot delegate its legislative powers to other entities without providing an "intelligible principle" to guide them. The Court's stance on this doctrine influences how much Congress can delegate and under what conditions.

In practice, clawing back delegated powers would likely require a concerted effort by Congress, potentially supported by judicial rulings that favor a more stringent application of the nondelegation doctrine. It would also require a reevaluation of the role and function of the administrative state in modern governance. Given the complexity of federal regulations and the expertise required to manage various aspects of government policy, a complete rollback of delegated powers is improbable. Instead, reforms may focus on increasing transparency, accountability, and Congressional oversight of federal agencies.

Question 3

How has the president increased his power over the past few decades?

Accepted Answer

The president has increased his power over the past few decades through various means. One way is through the expansion of executive orders, which allow the president to bypass Congress and implement policies unilaterally. Additionally, the president has gained more control over the military and foreign policy, with the ability to deploy troops and conduct military operations without congressional approval. The use of signing statements has also allowed presidents to interpret and potentially ignore certain provisions of laws passed by Congress. Furthermore, the growth of the administrative state has given the president more influence over regulatory agencies and the implementation of laws. Overall, the president's power has increased through a combination of legal, political, and institutional changes.

Question 4

Do lobbyists have too much influence? How could their role be minimized or institutionalized and regulated more effectively?

Accepted Answer

The answer of Do lobbyists have too much influence? How...

Question 5

Should it be more difficult for the president to take unilateral action? Why or why not?

Accepted Answer

The answer of Should it be more difficult for the...

Question 6

Theriault and Edwards argue that the president is the most important actor outside of the legislative process and sometimes may be more important than most members of Congress. Do you agree or disagree with their evaluation? If you agree provide support by highlighting the powers or advantages of the presidency. If you disagree, explain why and suggest which actor(s) might instead be the most important external actors.

Accepted Answer

The answer of Theriault and Edwards argue that the president...

Question 7

The enactment of the War Powers Act has sparked intense debate for decades. Summarize the arguments on both sides of the debate. Then, pick a side and provide support for your position. Use real world examples if necessary.

Accepted Answer

The answer of The enactment of the War Powers Act...

Question 8

Consider the powers and responsibilities delegated from Congress to the presidency and the bureaucracy. Has Congress delegated too much, about enough, or too little to these other branches of government? Why has Congress delegated any power at all? Be sure you detail the most important powers or responsibilities that have been delegated. Provide examples when necessary.

Accepted Answer

The answer of Consider the powers and responsibilities delegated from...

Question 9

Many Americans believe that interest groups use money to corrupt politicians and the policy process more generally. Is this true? If so, support this view with evidence from the textbook and class lectures. If not, how do interest groups wield their influence and what role does money have in the process? Be specific and provide examples when necessary.

Accepted Answer

The answer of Many Americans believe that interest groups use...

Question 10

Theriault and Edwards argue that even though most of the lawmaking powers of government are given to the Congress, it has little authority on its own. Do you agree or disagree with their argument? Defend your position and be sure to give proper consideration to the delegation of powers between the branches over time. Use real world examples if necessary.

Accepted Answer

The answer of Theriault and Edwards argue that even though...

Question 11

Is the use of a veto by a president considered a show of strength or weakness and why?

Accepted Answer

The answer of Is the use of a veto by...

Question 12

Does the president have any role in the policy process after he signs a bill into law? If so, what can he do? If not, what limits his abilities?

Accepted Answer

The answer of Does the president have any role in...

Question 13

The president often deploys troops with his authority as commander in chief. If he does so, what options does Congress have in response?

Accepted Answer

The answer of The president often deploys troops with his...

Question 14

How has modern party politics impacted the institutional loyalty of members of Congress and what effect has that had on the separation of powers?

Accepted Answer

The answer of How has modern party politics impacted the...

Question 15

What are the two main ways the president can line up congressional votes?

Accepted Answer

The answer of What are the two main ways the...

Question 16

To what extent do administrative agencies have power to oversee the implementation of regulations they impose? How is their authority, if any, carried out?

Accepted Answer

The answer of To what extent do administrative agencies have...

Question 17

What recourse does Congress have if it disagrees with a decision of the Supreme Court that resulted in the striking down of a law they passed?

Accepted Answer

The answer of What recourse does Congress have if it...

Question 18

The courts can both help and hinder legislation making its way through Congress. What role did the courts play with regard to the popular policy idea of term limits for members of Congress? Briefly describe the court's actions and the current state of affairs for the issue.

Accepted Answer

The answer of The courts can both help and hinder...

Question 19

In what three ways do interest groups influence members of Congress?

Accepted Answer

The answer of In what three ways do interest groups...

Question 20

One can characterize the influence of the president as ___________________.

Accepted Answer

The influence of the president has varied throughout U.S. history and can fluctuate within a president's term due to various factors such as political, economic, and social conditions.

Quiz 9: External Influences on the Legislative Process