checks on the power of the president. congress and the president presidential powers have grown in...
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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