Checks on the Power of the President

Congress and the President

Presidential powers have grown in times of crisis or simply when Congress is unable to meet public demands for solutions

Congress still holds power over the president’s executive actions by cutting off funds

Congress can impeach and even remove a president from office

Shifting Balance of Power

After the Civil War, Congress passed the Tenure of Office Act: prevented the president, under the threat of civil penalty, from removing any Cabinet-level appointees of the previous administration Johnson challenged Act by firing Lincoln’s

secretary of war House voted to impeach, effort fell short by

one vote

Presidential Power weakened, Congress became the central Power

Shifting Balance of Power

In the early 1900s, a series of strong presidents acted at the expense of the congressional power Theodore Roosevelt Franklin D. Roosevelt Lyndon B. Johnson

Since F.D.R. Congress has given the president a major role in the legislative process

Congress often responds to executive branch proposals

Congressional Oversight

Oversight: Congressional review of the activities of an agency, department, or office

Since 1960s, Congress has increased its oversight of the executive branch

Committees have been set up to ensure agencies, departments, or offices are carrying out their responsibilities as Congress intends

Congressional Oversight

Congressional oversight includes checks on abuses of power by members of the military and governmental officials (including the president)

Legislators increase their formal oversight by allowing citizens to appeal bureaucratic decisions to agencies, Congress and even the courts

Congressional Review Act of 1996 (Congressional Review): a process which allows Congress to nullify agency regulations by joint resolutions of legislative disproval

Congressional Review

Act provides Congress with 60 days to disapprove newly announced agency regulations, often passed to implement some congressional action

A regulation is disapproved if the resolution is passed by both chambers and signed by the president or when Congress overrides a presidential veto of a disapproving resolution

Foreign Affairs Oversight

Constitution divides foreign policy powers between executive and legislative branches

President= wage war & negotiate treatiesCongress= declare war & Senate can ratify

treaties

Foreign Oversight

Due to a series of crises and the development of nuclear weapons quick decision making and secrecy President > Congress Congress’ 535 members make it

difficult to reach a consensus or keep a secret

War Powers Act Limited effectiveness of larger

Congressional role in international crisis situations

Confirmation of Presidential Appointments

Senate plays a key function in confirming presidential appointments to the federal courts

A wise president considers senatorial reactions before nominating potential controversial individuals to his administration or the federal courts

Impeachment

Congress’s ultimate oversight of the President

Constitution specifics that a president can be impeached for treason, bribery or other “high crimes and misdemeanors” “high crimes and misdemeanors”-> significant abuses

of power

Political Considerations

Historical Examples

Until 1998, only three resolutions against presidents resulted in further action John Tyler- corruption and misconduct Andrew Johnson- serious misconduct Richard Nixon- obstruction and abuse of power

The “Power of the Purse”

Congress can limit the executive branches activities by limiting or cutting off funding

Congress can also use this “power” to cut funding off to states who institutes laws Congress does not like Example: legal drinking age to 21

The Supreme Court

Judicial Review gives the Supreme Court the power to review the constitutionality of acts of Congress Congress might not always be mindful that laws are in

accord with the Constitution

Congress can determine the size of Supreme Court Determine the appellate jurisdiction Structure of the federal court system

Senate can accept or reject presidential nominees for the federal courts

The Supreme Court

Senatorial Courtesy: A process by which presidents, when selecting district court judges, defer to the senator in whose state the vacancy occurs

Jurisdiction, or ability of the federal courts to hear cases, was quite limited, however, caseloads of the courts have skyrocketed

Congress rears the ugly head of jurisdiction to signal to federal courts that Congress believes the federal judges have gone too far

Public Opinion