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.

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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:

• 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.

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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:

• 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.

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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:

• 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.

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Impeachment and Removal

The House of Representatives has the sole power to impeach the President for "Treason, Bribery, or other high Crimes and Misdemeanors." 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:

• 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.

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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 authorizes a longer duration.

• Examples:

• 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.

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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:

• 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.

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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:

• 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.

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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:

• 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.

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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) scrutinized 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.