4.7: Checks on
Presidential Power
AP U. S. Government
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US Government: Presidential Power & Congressional Oversight, Exercises of Political Systems
An overview of the checks and balances in the US Government, focusing on the power of the President and the role of Congress in limiting that power. Topics include the formal checks on presidential power found in the US Constitution, such as the Senate's approval of appointments and treaties, as well as the congressional checks, including the power to declare war, override vetoes, and impeach the President. The document also covers informal checks, such as public opinion and the media.
What you will learn
- What is the process for impeaching a President?
- What informal checks on the President are mentioned in the document?
- What role does public opinion play in checking the power of the President?
- How does Congress limit the power of the President?
- What formal checks on presidential power are outlined in the US Constitution?
Typology: Exercises
2021/2022
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4.7: Checks on
Presidential Power
AP U. S. Government
Formal Checks
Found in U. S. Constitution
Congressional Checks on the President (Article I) Make laws (ex: War Powers Resolution) Override presidential vetoes Power to declare war Power of the purse (taxes and funding) Regulation of the land and naval forces
Checks on the President
- Commander in Chief
- Congress declares war
- Congress controls budget
- War Powers Act (1973)
- 48 hour alert to Congress
- troops stay for 60 days pending Congressional approval
- With no approval, troops must be withdrawn
Checks on the President
- Chief Diplomat
- Senate confirmation of ambassadors
- Senate confirmation of treaties
- Chief Legislator
- President does not have seat in
Congress
- Congress can override veto
Congressional Checks (cont.)
- Impeachment Power (House)
- Impeachment Trial (Senate) President Clinton’s impeachment trial, January, 1999
Limits on Presidential Power (Article II) President elected indirectly by the people through the Electoral College Selection of president (House) in case of no majority of electoral vote President must deliver State of the Union address Senate approves treaties and ambassadors
Limits on Presidential Power (Article II)
- Senate approves department appointments
- “Advice and consent” of federal judge appointments (Senate) Secretary of State Condoleezza Rice testifies at her Senate Foreign Relations Committee confirmation hearing, January, 2005. Nominee for Chief Justice, John Roberts is sworn in at his Senate Judiciary committee confirmation hearing, September, 2005.
Checks on the President
- Party Chief
- term limit and “lame duck” status
- loose organization of American parties makes it difficult to “lead”
Informal Checks
The Media
The President and the Press
- Presidents and media are often adversaries due to different goals
- Many people in the White House deal with the media, but the press secretary is the main contact person
- Media are often more interested in the person, not the policies
- News coverage has become more negative
Congressional Investigations Oliver North testifies before Congress at the Iran-Contra hearings during the Reagan administration (1987) Senate Banking Committee begins its investigative hearings on the Whitewater scandal during the Clinton administration (1994) Former FEMA director Michael Brown testifies before the House Select Committee on Hurricane Katrina, Sept., 2002
Interest Groups & NGO’s
The National Organization of Women, Cindy Sheehan, and others protest the war in Iraq, April, 2006 The National Right to Life Committee and other pro-life interest groups spoke out against President Clinton’s veto of the ban on partial birth abortion, 1996