Limitations on presidential power
Limitations on presidential power
Constitutional Checks and Balances
- The US Constitution limits the executive powers of the President, entrusting significant powers to the other branches of government.
- The legislative branch (Congress) maintains the power of the purse, meaning it controls public money - from taxes and loans - and decides on its appropriation.
- The Senate has the authority to approve or reject Presidential appointments to the judiciary and executive departments.
- While the President proposes the federal budget, it is the Congress that approves and enforces it.
- The judiciary branch (particularly the Supreme Court) can declare Presidential actions unconstitutional, as shown in cases like “United States v. Nixon” (1974).
Separation of Powers
- This principle ensures the Presidential power is not absolute: the three branches of government - executive, legislative, and judicial - operate independently of each other.
- Judicial review, a process where the courts can examine the legality of the President’s actions, serves as a check on executive power.
The Role of Congress
- Congress can challenge Presidential power through the enactment of legislation that may hinder or modify the President’s policies.
- Both the House of Representatives and the Senate can conduct investigations into Presidential conduct, providing a form of legislative oversight.
- Impeachment is a drastic and rarely used power, but it exists as a tool for Congress to check the President. Presidents Andrew Johnson, Bill Clinton, and Donald Trump have all experienced impeachment proceedings.
Public Opinion
- The President is elected to represent all US citizens and is responsive to public opinion.
- Failure to address popular concerns can lead to low approval ratings, making it more challenging to pass legislation, gain support for policies, or secure re-election.
Media Scrutiny
- The media serves as another form of check and balance, scrutinizing Presidential actions and policies.
- Media coverage can shape public opinion and, therefore, pressure the President to act or limit their actions.
State Rights
- The federal system divides power between the national government and the state governments, limiting the President’s domestic authority.
- States have their own constitutions and governments, sovereign in matters not delegated to the federal government. State opposition can pose substantial challenges to Presidential authority and policies.