3.3.2 Limitations on presidential power Flashcards
5
List the factors that change the nature of the President’s power over their term
- National events
- Electoral cycle - Congress more confident after mid-terms
- Constitution
- Divided Government
- Popularity
2
Give 2 examples of Congress shaping the legislative agenda in a divided government
- Contract with America 1994 challenged Clinton’s progressive agenda
- Obama’s failure to pass immigration reform after 2014 red-wave in midterms
3
Describe the arguments that the President is the most powerful branch of government
- Control of legislative agenda
- Control over SC
- Control in FP/domestic policy
4
Describe the argument that the President is the most powerful branch of government - legislative agenda
- executive orders effectively gives President legislative powers independent of Congress - has no power to reject or amend orders
- Exec orders can only be struck down by SC on constitutional grounds
- difficult to override veto due to hyperpartisanship
- congressional leaders forces to consider veto threat when drafting legislation
3
Describe the argument that the President is not the most powerful branch of government - legislative agenda
- President can propose agenda through State of Union address, but rely on Congress to introduce and pass agenda
- presidential programmes may be impossible to achieve in divided government
- vetoes can be overturned by 2/3 majority
4
Describe the argument that the President is the most powerful branch of government - shapes SC
- nominations to SC made on ideological grounds
- especially important if multiple vacancies occur i.e. Trump
- long-term influence
- e.g. Trump placed heavy pressure on Senate to confirm Kavanaugh - partisanship enabled success
4
Describe the argument that the President is not the most powerful branch of government - SC
- SC dominated by judicial, not presidential considerations
- free from presidential pressure once confirmed
- rulings influenced by originalism and strict constructionism
- decisions of SC can not be overruled by President (only by constitutional amendment)
3
Describe the argument that the President is the most powerful branch of government - FP
- constitutional role of Commander-in- Chief gives the president informal and formal roles that other branches are reluctant to challenge
- particularly if there is popular support for Presidential policy
- combined with executive agreements and treaty-making
3
Describe the argument that the President is not the most powerful branch of government - domestic policy
- significance of control over budget
- May enact own agenda (e.g. Contract with America)
- SC may limit agenda of President e.g. USA v Texas 2016
