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 involving TikTok, Congress, and the President reflects the principle of checks and balances in several significant ways:

1. Legislative Authority: Congress, which consists of the Senate and the House of Representatives, is responsible for creating laws. In this case, both houses of Congress passed a bill banning Chinese-owned TikTok unless it is sold to a non-Chinese entity. This illustrates the legislative branch's power to regulate and legislate on matters of national security and digital privacy.

2. Executive Agreement: President Biden's decision to sign the bill into law demonstrates the executive branch's role in enforcing the legislation that Congress passes. The President has the authority to approve or veto legislation; by signing the bill, Biden is taking an active role in addressing the concerns raised about TikTok and digital security.

3. Judicial Review: TikTok's option to appeal to the Supreme Court represents the judicial branch's power to interpret laws and assess their constitutionality. If TikTok believes the law infringes on its rights or conflicts with other legal principles, it can challenge the legislation in court. This action exemplifies how the judicial branch acts as a check on the powers of the legislative and executive branches by ensuring laws do not violate constitutional rights.

4. Balance of Power: Each branch of government has its distinct powers and responsibilities, and they can check each other to prevent any one branch from becoming too powerful. In this scenario, the combined actions of Congress (legislation), the President (enforcement of laws), and the Supreme Court (judicial review) illustrate how the checks and balances system operates to regulate the relationships between government powers and protect individual rights.

Overall, this situation portrays how the interrelation and oversight between the legislative, executive, and judicial branches maintain a balance of power and ensure government accountability.