3.3.2 Limitations on presidential power

Question 1

5

List the factors that change the nature of the President’s power over their term

Answer 1

• National events
• Electoral cycle - Congress more confident after mid-terms
• Constitution
• Divided Government
• Popularity

Question 2

3 - (4) (4) (3)

Describe the argument that the President is the most powerful branch of government

Answer 2

• Legislative powers
  
  • 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
• Shape 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
• Control 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

Question 3

3 - (3) (3) (3)

Describe the argument that the President is not the most powerful branch of government

Answer 3

• Congress controls 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
• 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/later ruling)
• Less control in domestic agenda
  
  • 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

Question 4

2

Give 2 examples of Congress shaping the legislative agenda in a divided government

Answer 4

• Contract with America 1994 challenged Clinton’s progressive agenda
• Obama’s failure to pass immigration reform after 2014 red-wave in midterms