The extent of presidential accountability to Congress. (OCR A-Level Politics): Revision Notes
19.5.3 The extent of presidential accountability to Congress.
The Extent of Presidential Accountability to Congress and the Supreme Court
The U.S. President's power is checked by both Congress and the Supreme Court, ensuring that the executive branch does not become too powerful. These checks are rooted in the Constitution and have evolved over time, with significant implications for how Presidents can achieve their policy goals. Below is a detailed exploration of these limitations and how they have manifested in the actions of recent Presidents.
Congressional Checks on Presidential Power
Legislative Power
Congress holds the primary legislative authority, meaning that the President must collaborate with Congress to pass laws. While the President can propose legislation and veto bills, Congress has the final say and can override vetoes with a two-thirds majority in both the House and Senate. This power ensures that the President's legislative agenda is subject to congressional approval and scrutiny.
- Examples:
- Obama's Veto Override (2016): Obama vetoed the Justice Against Sponsors of Terrorism Act, which allowed families of 9/11 victims to sue the Saudi Arabian government. Congress overrode his veto, demonstrating its legislative power over the executive.
- Trump's Emergency Declaration (2019): Trump declared a national emergency to divert funds to build the border wall after Congress refused to allocate the desired amount. Both the House and Senate passed a resolution to terminate the emergency declaration, though Trump vetoed it, and Congress could not muster the two-thirds majority needed to override the veto.
Power of the Purse
Congress controls federal spending, giving it significant power to approve or deny funding for presidential initiatives. This control serves as a direct check on the President's ability to implement policies unilaterally.
- Examples:
- Defunding the Iraq War (2007): As public opposition to the Iraq War grew, Congress imposed conditions on war funding, reflecting its role in representing the public's stance on military engagement. This created tension between Congress and the Bush administration.
- Trump's Budget Rejection (2019): Trump's proposed budget, which included funding for the border wall, was rejected by Congress, leading to the longest government shutdown in U.S. history (35 days). This demonstrated Congress's power to withhold funding, forcing the President to compromise.
Investigative Powers and Hearings
Congress exercises oversight through committees that investigate the executive branch's actions. These investigations can lead to public hearings, reports, and even impeachment proceedings. Congressional committees have the authority to subpoena documents and testimony from the executive branch, ensuring transparency and accountability.
- Examples:
- Benghazi Hearings (2012-2016): The House Select Committee on Benghazi investigated the Obama administration's handling of the 2012 attack on the U.S. consulate in Libya. The hearings scrutinised then-Secretary of State Hillary Clinton's actions, revealing security lapses and raising questions about the administration's transparency.
- Trump's Impeachment (2019 and 2021): Trump was impeached twice by the House, first in 2019 for abuse of power and obstruction of Congress over his dealings with Ukraine, and again in 2021 for incitement of insurrection following the Capitol riot. These proceedings highlighted the power of Congress to hold the President accountable for alleged misconduct.
Impeachment and Removal
The House of Representatives has the sole power to impeach the President for "Treason, Bribery, or other high Crimes and Misdemeanours." Impeachment is a formal charge of wrongdoing, and it requires a simple majority vote in the House. If the House impeaches the President, the Senate holds a trial to determine whether the President should be removed from office. A two-thirds majority in the Senate is required to convict and remove the President.
- Examples:
- Bill Clinton (1998): Clinton was impeached by the House for perjury and obstruction of justice related to the Monica Lewinsky scandal. He was acquitted by the Senate and completed his term.
- Donald Trump (2019 and 2021): Trump was impeached twice but was acquitted by the Senate both times. The first impeachment was for abuse of power and obstruction of Congress, and the second was for incitement of insurrection.
War Powers Resolution (1973)
The War Powers Resolution was enacted to limit the President's ability to commit U.S. forces to armed conflict without congressional approval. It requires the President to notify Congress within 48 hours of deploying troops and limits military engagement to 60 days (plus a 30-day withdrawal period) unless Congress authorises a longer duration.
- Examples:
- Obama's Military Intervention in Libya (2011): Obama authorised a NATO-led military intervention in Libya without seeking formal congressional approval, raising concerns about the executive overstepping its authority. Although Congress was notified, the lack of formal approval demonstrated the tension between the executive and legislative branches over military powers.
- Trump's Airstrikes in Syria (2017): Trump ordered airstrikes against Syrian government targets in response to a chemical weapons attack, without seeking congressional approval. This action was justified as a deterrent, but it raised questions about the President's unilateral use of military force.
Treaty Ratification and Executive Agreements
While the President can negotiate treaties with other nations, these treaties must be ratified by a two-thirds majority in the Senate. However, Presidents have increasingly used executive agreements to bypass the Senate, leading to debates about the erosion of congressional oversight in foreign policy.
- Examples:
- Iran Nuclear Deal (2015): The Obama administration negotiated the Iran Nuclear Deal as an executive agreement, bypassing the need for Senate ratification. This move was controversial and faced significant opposition in Congress, leading to the eventual withdrawal from the deal by the Trump administration in 2018.
- Paris Climate Agreement (2016): Obama also used an executive agreement to join the Paris Climate Agreement, bypassing Senate approval. Trump withdrew from the agreement in 2017, demonstrating the impermanence of executive agreements without Senate backing.
Judicial Checks on Presidential Power
Judicial Review
The Supreme Court has the power to review the constitutionality of executive actions. If the Court finds that the President's actions violate the Constitution, it can strike them down, thereby limiting presidential power. This serves as a significant check on the executive branch, ensuring that the President's actions conform to the Constitution.
- Examples:
- Trump's DACA Termination (2020): Trump attempted to terminate the Deferred Action for Childhood Arrivals (DACA) programme, initiated by Obama. The Supreme Court ruled that the manner in which the Trump administration sought to terminate DACA was "arbitrary and capricious," blocking the attempt and showcasing the Court's power to restrain executive actions.
- Clinton v. City of New York (1998): The Supreme Court struck down the Line Item Veto Act, which had given the President the power to veto specific provisions of appropriations bills. The Court ruled that this power violated the Presentment Clause of the Constitution, demonstrating the judiciary's role in maintaining the separation of powers.
Appointment Power
The President nominates federal judges, including Supreme Court justices, but these appointments must be confirmed by the Senate. This requirement ensures that the judiciary remains independent and not simply an extension of the executive branch. The Senate's role in confirming judges serves as a check on the President's influence over the judiciary.
- Examples:
- Merrick Garland Nomination (2016): Obama's nomination of Merrick Garland to the Supreme Court was blocked by the Republican-controlled Senate, which refused to hold hearings, arguing that the next President should fill the vacancy. This decision allowed Trump to appoint Neil Gorsuch, shifting the ideological balance of the Court.
- Trump's Supreme Court Appointments (2017-2020): Trump successfully appointed three justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—solidifying a conservative majority on the Court. These appointments have had a lasting impact on U.S. law, including the overturning of Roe v. Wade in 2022.
Checks and Balances on Presidential Power
| Mechanism | Description | Example |
|---|---|---|
| Legislative Power | Congress can pass, amend, or reject legislation, and override presidential vetoes. | Congress overriding Obama's veto of the Justice Against Sponsors of Terrorism Act (2016). |
| Power of the Purse | Congress controls federal spending, limiting the President's ability to implement policies unilaterally. | Trump's budget rejection leading to the 2019 government shutdown. |
| Investigative Powers | Congressional committees can investigate the executive branch, leading to public hearings and reports. | Benghazi hearings (2012-2016) scrutinised the Obama administration's actions. |
| Impeachment and Removal | The House can impeach the President, and the Senate can remove them from office with a two-thirds vote. | Trump was impeached twice (2019, 2021) but acquitted by the Senate both times. |
| War Powers Resolution (1973) | Limits the President's ability to commit U.S. forces to armed conflict without congressional approval. | Obama's military intervention in Libya (2011) without seeking formal congressional approval. |
| Treaty Ratification | Treaties negotiated by the President must be ratified by a two-thirds majority in the Senate. | Iran Nuclear Deal (2015) was implemented as an executive agreement, bypassing Senate approval. |
| Appointment Power | Presidential nominations of federal judges must be confirmed by the Senate. | Senate blocked Obama's nomination of Merrick Garland (2016) and confirmed Trump's three Supreme Court justices. |
These checks and balances are fundamental to the U.S. democratic system, ensuring that the President's power is exercised within constitutional limits and is subject to scrutiny and control by other branches of government.