Changing nature of power over their term in office. (OCR A-Level Politics): Revision Notes
19.4.1 Changing nature of power over their term in office.
Changing Nature of Power Over a President's Term in Office
The power of a U.S. President is not static; it shifts significantly over the course of their term due to a variety of factors. These factors include constitutional constraints, political dynamics, public support, and individual presidential skills. Here's a detailed analysis of how these elements influence presidential power:
1. Constant Limitations
Constitution and the Supreme Court
The President's power is inherently limited by the Constitution and the judiciary, which can block actions that violate established laws. This ensures that the President cannot act unilaterally in a way that contravenes the legal framework.
- Examples:
- Trump's attempt to end DACA was thwarted by the Supreme Court, which ruled that the termination process was arbitrary and did not follow proper procedures.
- Obama faced restrictions on closing Guantanamo Bay due to Congressional limitations on transferring detainees. Separation of Powers
The Constitution establishes a system of checks and balances to prevent any one branch of government from accumulating too much power. This system often forces Presidents to negotiate and compromise with Congress, even when their party controls it.
- Examples:
- Trump declared a national emergency to secure funding for his border wall after Congress allocated less funding than he requested. Although he used a veto to block Congressional attempts to terminate the emergency declaration, Congress was still able to pass a resolution against it.
2. Numbers and Partisanship
Unified vs. Divided Government
The composition of Congress—whether it is unified (controlled by the President's party) or divided—affects the President's ability to pass legislation. A unified government facilitates smoother legislative progress, while a divided government often leads to gridlock.
- Examples:
- Obama had legislative success, such as passing the Affordable Care Act, during his first two years with a Democratic Congress. However, after Republicans gained control of the House in 2010, legislative progress stalled, including the refusal to hold a hearing for Merrick Garland's Supreme Court nomination.
- Biden achieved significant legislation like the American Rescue Plan and the Inflation Reduction Act with a narrow Democratic majority. However, the failure of the Build Back Better Act and the Republican control of the House after the 2022 midterms hindered further progress. Supreme Court Appointments
The ability to appoint Supreme Court justices is a crucial aspect of a President's power, but it is dependent on the Senate's composition and the timing of vacancies. These appointments can shape the judicial landscape for decades.
- Examples:
- Obama appointed Sonia Sotomayor and Elena Kagan, but his attempt to appoint Merrick Garland was blocked by a Republican-controlled Senate, allowing Trump to appoint Neil Gorsuch instead.
- Trump shifted the Court's ideological balance with his appointments of Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, which resulted in significant rulings like the overturning of Roe v. Wade.
- Biden appointed Ketanji Brown Jackson, maintaining the Court's balance, but not shifting the overall ideological stance.
3. Popularity and Public Support
Presidential Approval Ratings
High approval ratings increase a President's ability to influence Congress and public opinion, aiding in the passage of their agenda. Low approval ratings, however, can undermine a President's influence and lead to electoral setbacks.
- Examples:
- Obama saw a boost in approval ratings after his handling of Hurricane Sandy, contributing to his re-election in 2012.
- Trump's approval ratings declined due to perceived mishandling of Hurricane Maria and the COVID-19 pandemic, which played a role in his 2020 election loss.
- Biden started with high approval ratings that helped pass the American Rescue Plan but faced fluctuating support due to issues like inflation and the handling of the Afghanistan withdrawal.
4. Individual Skills of the President
Persuasion and Negotiation
A President's ability to persuade Congress, manage relationships, and effectively communicate with the public is crucial for success. Presidents with strong negotiation skills and coalition-building abilities are generally more successful.
- Examples:
- Biden utilised his extensive relationships in Congress to pass the Infrastructure Investment and Jobs Act. Despite facing internal opposition from figures like Joe Manchin, his negotiation skills helped advance significant legislation.
- Trump struggled with intra-party relations, which hindered efforts like the repeal of the Affordable Care Act.
5. Relationship Between the President and Their Party
Support from Party Leaders
Strong backing from party leaders can significantly enhance a President's power, especially in passing critical legislation. Poor relationships can lead to significant challenges and legislative failures.
- Examples:
- Biden's ability to navigate support from key figures like Chuck Schumer and Joe Manchin was critical for passing major legislation like the American Rescue Plan. However, Manchin's opposition to the Build Back Better Act highlighted the challenges of maintaining party unity.
- Trump faced difficulties with congressional leaders during attempts to repeal the Affordable Care Act, showing the impact of party cohesion on legislative success.
6. Importance of Timing
First 100 Days
The initial phase of a President's term, or the "honeymoon period", is crucial for pushing through their agenda. This period provides momentum from electoral victory and heightened public and Congressional support.
- Examples:
- Biden used his first 100 days to advance the American Rescue Plan and accelerate the rollout of COVID-19 vaccines.
- Trump quickly appointed Neil Gorsuch to the Supreme Court during his early months in office, capitalising on the vacancy left by Justice Scalia. Midterm Elections
Midterm elections can significantly affect a President's ability to govern. A successful midterm can bolster a President's legislative agenda, while losses can lead to gridlock and increased reliance on executive actions.
- Examples:
- Obama encountered difficulties after the 2010 midterms, where Republicans gained control of the House, leading to legislative gridlock.
- Biden's legislative efforts were impeded by losing the House in the 2022 midterms, illustrating the impact of midterm results on presidential power. Lame Duck Period
In the final years of a President's term, particularly if re-election is not an option, their influence can wane. However, this period can also see bold actions, especially in foreign policy.
- Examples:
- Obama took significant actions like normalising relations with Cuba during his lame duck period, bypassing Congressional opposition.
- Trump issued numerous executive orders and pardons in his final weeks, despite diminishing political influence.