1. Senator Markey said concerns about digital security, the mental health of young people and data privacy should be addressed with comprehensive legislation encompassing the entire tech industry, not just TikTok. (NPR) In April of 2024, President Biden signed a law that would ban Chinese-owned TikTok unless it is sold within a year to a non-Chinese owned company:

Question

If not sold within a year, the law would make it illegal for web-hosting services to support TikTok, and it would force Google and Apple to remove TikTok from app stores — rendering the app unusable with time. (NPR)

Congress passed this bill through both houses. The President signed the bill into law. TikTok’s next option would be to appeal to the Supreme Court. How is this an example of checks and balances

Answer 1

The situation described is an illustration of the checks and balances system in the United States government, which is designed to ensure that no single branch of government becomes too powerful and that various branches can monitor and limit each other's powers. Here’s how it specifically demonstrates checks and balances:

1. Legislative Authority: Congress, which consists of the House of Representatives and the Senate, exercised its legislative power by proposing, debating, and ultimately passing a bill aimed at addressing national security concerns regarding TikTok, a Chinese-owned app. This reflects the legislative branch's ability to create laws in response to perceived threats.

2. Executive Approval: The President, as the head of the executive branch, signed the bill into law, demonstrating the executive's role in the legislative process. The President also has the authority to veto legislation, which acts as a check on Congress. In this case, the successful enactment of the law shows the collaborative interface between the legislative and executive branches.

3. Judicial Review: TikTok's potential appeal to the Supreme Court introduces the judicial branch into the equation. If TikTok challenges the constitutionality of the law, the Supreme Court will review the case, having the power to affirm or strike down the law. This serves as a check on both the legislative and executive branches to ensure that laws comply with the Constitution and protect individual rights.

4. Public Accountability and Discourse: The broader public debate on issues like digital security, mental health, and data privacy reflects the democratic principles inherent in a checks and balances system. Lawmakers like Senator Markey advocate for comprehensive legislation that considers the tech industry as a whole, pushing for accountability from all stakeholders, including companies like TikTok.

Overall, this example illustrates how the interplay between the legislative, executive, and judicial branches prevents the abuse of power and ensures that laws align with constitutional principles and public interest.