14.2b Limitations of Presidential Power

Question 1

Constitution

Answer 1

The Constitution outlines a system of checks and balances whereby each of the three branches of government can check the actions of the others.

The Constitution outlines the checks on the executive that Congress and the Supreme Court have.

Question 2

Congress: legislation checks

Answer 2

Congress has many important checks on the president’s powers around legislation and policy.

Congress can amend the president’s budgetary requests.

Congress is able to reject, amend and delay the president’s legislative proposals.

Congress can use the power of the purse and its power to declare war to check the president’s power to engage in foreign policy.

Congress has the power to override the president’s veto if there is a two-thirds majority vote in favour of overriding in both houses.

Question 3

Congress

Answer 3

Congress can impeach a president and remove them from office.

The Senate has the power to reject nominations to the executive and judiciary made by the president.

The president needs the Senate to ratify any treaty which they have negotiated, which the Senate can refuse to do.

Question 4

Supreme Court

Answer 4

The Supreme Court limits presidential power by using judicial review where the court can overrule laws and actions by the executive if the court views it to be unconstitutional.

In the 2006 Hamdan v Rumsfeld case, the Supreme Court ruled that President George W. Bush’s military commissions to try Guantanamo Bay detainees was unconstitutional.

In 2014 the Supreme Court ruled that the way in which President Obama used recess appointments was unconstitutional.