Exam Questions 2022: Constraints on the President to Exercise their Powers Flashcards
Give three ways Congress may limit the constitutional power of the president.
1) Override veto - e.g. Trump’s veto of the national Authorisation of Defence Act 2021 was overridden - Bush had a 63% success rate of vetoes.
2) Congress have power of the purse - e.g. Foreign Assistance Act 1974 - effectively ended the Vietnam War by ceasing funds.
3) Appointments to the Judiciary require Congressional support - e.g. Merrick Garland rejected by Rap. Senate in 2016 - ‘hyper-partisanship means this is likely to become more common during times of divided government.
Give three ways the president’s party support in Congress may limit their power.
1) During divided government - ability to influence legislation is limited - e.g. Clinton’s Nuclear Test Ban Treaty 1999 was rejected by Republican dominated Senate.
2) During divided government - ability to nominate judges to SC is constrained - e.g. Merrick Garland in 2016 - rejected by Rep. Senate - successful nominations only come when the presidency and congress are unified.
3) Members of the party may be influenced by pressure groups - e.g. NRA successfully convinced 4 Dems from conservative states to vote against Obama’s gun control legislation in 2013 - gives power to pressure groups - though only the wealthiest.
Give three ways the media/public press may constrain the power of the president.
1) Negative coverage by the press - e.g. Obama claimed his administration was unfairly attacked by Fox News - presidents must work to win their support wherever possible.
2) Approval ratings - those with higher enjoy more power - e.g. Bush app. rates increased to 90% following 9/11 - allowing him to push through his education reforms - those who lack support appear as weak - limiting their power even further.
3) Pressure groups may mobilise public opinion - e.g. NRA increased public opposition for Obama’s gun control legislation following the Sandy Hook shooting of 2012.
Give three checks and balances that constrain the power of the president.
1) Veto override - e.g. trumps veto of the National Authorisation of Defence Act 2021 - overridden by 81-13 senate votes.
2) Judicial Review - e.g. Trump’s Muslim ban was ruled unconstitutional in Trump v. Hawaii - amended it by adding Chad and Korea to make it constitutional - no longer a ban solely for Muslims.
3) Congress has power of the purse - e.g. Foreign Assistance Act 1974 - effectively ended the Vietnam War by ceasing funds - challenges the president’s power as commander inn chief.
Give three ways the Supreme Court may limit the power of the president.
1) Judicial review - may be used to rule against the president’s actions - e.g. Trump’s Muslim ban was declared unconstitutional in Trump v. Hawaii - though he amended it to include Chad and Korea
2) Philosophy of the bench - e.g. National Labour Relations Board v. Canning - Obama was unconstitutional to make recess appointments - even his own appointees ruled against him (Sotomayor and Kagan) - unanimous vote 9-0 in favour.
3) Pressure groups may use amicus briefs - e.g. ACLU contributed to the record 148 briefs in Obergefell v. Hodges - gay marriage legal - only the largest pressure groups are able to do this - undemocratic.
Give three ways political circumstances may limit the power of the PM.
1) Party composition in Congress - e.g. Clinton’s Nuclear Test Ban Treaty 1999 was rejected by the Republican Senate.
2) Prevailing orientation of the judiciary - e.g. a conservative bench is more likely to rule against a democratic president’s politicise - e.g. National Labour Relations Board v. Canning - Obama was unlawful to make his recess appointments - unanimous verdict 9-0.
3) Times of crisis - e.g. Covid - 19 - Trump’s approval rating plummeted to 37% - ultimately cost him the 2020 election.
Give three ways the president could be regarded as having the power to persuade.
1) Cabinet officers - may be deployed to rally support for president’s policy in Congress - e.g. Bush used Rod Paige to encourage support for his education reforms in 2001.
2) Pork barrelling - e.g. Senator Susan Collins received pork for clinics in Maine under the Recovery Act 2009 - congressmen will use this to appeal to constituents - increase likelihood of re-election.
3) Private phone calls with congressmen - e.g. Clinton called Marjorie Margolies to cast her vote in the 1993 budget vote - personality matters - cordial Clinton would be more successful than the solitary Obama.
Give some examples of the direct authority of the president.
1) Executive orders - e.g. executive order No 10925 - Kennedy required all companies to use affirmative action.
2) Signing statements - challenge to the bill or its constitutionality when signing - e.g. Obama declared concern for some of the Act regarding Taiwan’s joining of the International Civil Aviation Organisation 2013.
3) Recess appointments - e.g. Obama made 32 - can be declared unconstitutional in court - e.g. National Labour Relations Board v. Canning (2014) - also ‘pro-forma’ sessions - whereby one congressman sits to prevent them.
4) Executive agreement - e.g. Clinton’s use of an executive agreement with North Korea rather then a treaty caused tension - another constitutional struggle for power between congress and the president.
