Preview

How Well Congress Checks Presidential Power

Better Essays
Open Document
Open Document
1300 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
How Well Congress Checks Presidential Power
How effective is Congress’s role in checking presidential power?

When the Founding Fathers wrote the American constitution, one of their key aims was to ensure that power would not be concentrated too highly in the hands of one leader. Despite the resultant implementation of checks and balances, it can be argued, as this essay will, that the president’s power has grown to an extent that makes Congress decreasingly effective. Utilising Wildavsky’s idea of a ‘dual presidency’, I will show that in both domestic and foreign policy Congress can never be fully effective in reigning in presidential power.

The questions of how much power the President should have and how the constitution limits him are asked frequently. The constitution defines the powers of both Congress and the president in Articles I and II, but in the two hundred years since the constitution has been written, the interpretations of this framework have varied immensely. The US Congress is often referred to as the most powerful legislature in the world, and it certainly has been remarkably successful in remaining independent from executive branch influence. However, presidential power has grown, particularly in the 20th century.

There have been many types of presidents throughout America’s history. Presidents such as Warren Harding and Herbert Hoover were weak in their executive power: they saw the powers of the president as few and limited and believed that the constitution strictly limited their actions. Compared to ‘strong’ presidents, they used their veto power relatively few times: Franklin Roosevelt alone used his veto nearly fifteen times more than Hoover and Harding did together. The presidential veto used to be a much rarer barrier, but it is now used more often on important legislative items. Attempts to override a veto are also uncommon, making it a very strong presidential tool.

Theodore Roosevelt, Woodrow Wilson and Franklin Roosevelt were ‘strong’ presidents who acted in

You May Also Find These Documents Helpful

  • Powerful Essays

    In the United States our President has many powers that are granted to him when they are elected into office. They have the ability to change the budget, to either cut back on spending, or implement new programs to help their citizens. They can veto a bill that they think is not ready to be made law yet and send it back to congress for further evaluation. They can appoint Supreme Court Justices. They also are the Commander in Chief of all U.S. armies, and they even have the power to send troops over to foreign nations in times of hostility in some circumstances. There are many who believe that the powers of the president are sometimes abused, especially as the Commander in Chief. There have been several instances in our Nation’s history in which the President has been able to wiggle their way around the constitutional limitations that are given of the Commander in Chief. Even though the president is unable to actually declare war he can use his powers to advance a conflict. The article Congressional War Powers, The Commander in Chief and Senator John Mccain describes how this is achieved by stating “Technically only congress has the power to declare war but the President can act unilaterally to repel sudden attacks made on U.S. Soil” (Bowling, 2008, p. 1). Presidents use these executive powers to engage in a conflict that they believe needs to be settled in times of crisis. The Constitution has a system within-it that tries to grant separate but equal powers to all branches of government called checks and balances. Although this system of checks and balances is supposed to be followed, there are ways which certain branches of government can gain more power than others. Often the President is the one who abuses the system, and uses their executive powers for their own advantages. These powers granted to the President have been abused more and more throughout our Nation’s recent history and it needs to…

    • 2425 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    The President of the United States, the chief executive officer of the federal government, the leader of the executive branch, and the commander in chief of the armed forces has certain constitutional powers. How much power does he really have? Does he have too much? Does he have too little, or not enough? In my opinion, I believe that the President of the United States of America has just enough power to run our country, deal with foreign and domestic policies, and fight the War on Terror In this essay, I will discuss my opinion, what the president’s powers are under the Constitution, and whether or not the president’s role has expanded beyond these powers in domestic and foreign policy.…

    • 1367 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Throughout history , presidents have taken different steps in abusing the executive orders and other presidential directives. Many citizens expressed different views over the executive abuse and benefits the presidents have. The increased use of executive legislation in the absence of challenges from Congress has expanded the power, boundaries, and pose a serious threat to the democracy.…

    • 607 Words
    • 3 Pages
    Good Essays
  • Good Essays

    A veto is not usually the first resort by Presidents as shown by recent history shown by President Regan who used informal tactics to win over members of congress and deter there from passing legislation that he was against . This shows that veto’s are not that important as they are shown as only one method used by presidents to block congress showing that it is not there only alternative to stop a Congregational decision which they disagree with .…

    • 406 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The ability for the President to veto legislation through the use of a regular veto or in some instances a pocket veto indicates the power of the President to be able to bypass Congress’s efforts to pass legislation. Although Congress has the ability to override the veto with a 2/3 majority in both houses and provide a check on presidential power, this has rarely been successful, reflected in only 106 of 1,484 regular presidential vetoes being overridden by congress between the years of 1789 and 2004. Furthermore, the threat of a veto has often been sufficient in bargaining with congress to ensure that the President is not presented with a bill that he is going to veto straight away, thus the effectiveness at which this power is checked can be questioned as the President has a way of getting around the check that is in place by Congress.…

    • 963 Words
    • 3 Pages
    Good Essays
  • Good Essays

    The role and powers of the President of United States is outlined in Article II of the Constitution. Compared to the explicit powers of the Congress, the Constitution grants far fewer explicit powers to the President,…

    • 564 Words
    • 3 Pages
    Good Essays
  • Better Essays

    In order to keep the government from becoming too powerful and endangering the liberty of its people, the framers of the United States' Constitution endorsed the implementation of separation of powers so that the different branches of the government would keep one another in check. In Federalist Paper 51, Madison focused on the crucial relationship between the legislative and executive branches with the use of separation of powers. He stated, "In the republican government the legislative authority, necessarily, predominates. The remedy for this inconvenience is, to divide the legislative into different branches...[and] the weakness of the executive may require, on the other hand, that it should be fortified." While the separation of powers has successfully protected the liberty of America's people, it has also caused a continual struggle between the executive and legislative branch to gain power over matters such as the economy, the right to pass legislation, and control over the military. Due to the prevalence of the legislative power severely limiting the authority of the executive, there is a large imbalance between the demands and expectations pressing in upon the President and his capacity to respond to them. The president cannot get his policies adopted by Congress without long delays and much bargaining. However, some fortification of the executive branch has allowed the president overcome some of these limitations in performing roles such as commander in chief, chief diplomat, and chief legislator.…

    • 1723 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Richard Neustadt states that the president's power is actually his influence in his essay, "Presidential Power". He wrote that the president gets many demands from many people from different groups and that he has a responsibility to listen and try to comply with those demands. But even with all these demands, the president is not guaranteed or even assured that people will agree with him or support him. This weakens his power because he can not put the pressure Congress to get the things he wants done because if the public isn't behind him then…

    • 633 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The office of president today is very different from that envisaged by the framers of the constitution in 1787- the circumstances that have given rise to modern presidential power could not have been foreseen. However some argue that the office of president is one of inherent weakness rather than strength, and that the powers of the president were no guarantee that power could actually be exercised. In his view, presidential leadership was possible only when there were extraordinary crisis conditions such as depression or war. F.D. Roosevelt is often given as an example of such a president.…

    • 713 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    1973 War Powers Act

    • 398 Words
    • 2 Pages

    The authors of this text book are able to conclude that Congress has few, if any, war powers remaining because of historical actions. For instance, Congress has not declared war since December 1941, yet the US has been involved and engaged in many Military Campaigns since 1941 under the orders of the president. This situation seems to have come about via many different reasons. One of the reasons that this has happened according to our book was that presidents have claimed that they have inherent executive power to defend the nation. A second reason was that when Truman dispatched American forces to Korea without a congressional declaration, and in the face of the emergency, Congress felt it had to acquiesce, and so passed a resoloution approving the presidents actions. This became the pattern for future congressional-executive relations in the militay realm.…

    • 398 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    At one point it was expected, that the Congress would pass laws, the President would execute them, and the Supreme Court would interpret them in individual cases. This was the framework for the Separation of Powers; established by the Constitution, and stuck to it for the greater part of our history. The Founding Fathers were well-acquainted with a long-held tenet of government: the accumulation of power by a single person or body of government is the greatest threat to liberty. In fact, a celebrated feature of the…

    • 466 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Article II of the United States Constitution gives the president the role of ‘Commander-in-Chief’ of the US’s Armed Forces, and this role provides the basis for rapid and effective decision-making, whilst maintaining the credibility of the USA’s foreign policy on the world stage. However, there are certain constraints on the President’s role as Commander-in-Chief’. One constraint on this power is that only Congress has the power to declare war. Congress can also authorise the president to deploy his country’s armed forces. Since the Constitution was created, Congress has only declared war a total of five times (in both World Wars, the War of 1812, the Mexican War, and the Spanish-American War), and this power has not been used since 1941. These authorisations are ordered by the President however, showing just how interlinked the powers of the president and Congress really are. One example of when the timing of a congressional authorisation can be crucial is the vote on action against Iraq, a few months before the 2002 midterm elections. This congressional authorisation was manipulated by George W Bush, and shows that the president can take advantage of this and make a decision with a Congress that has a majority of his party as members, rather than waiting until after a midterm when he might not be so sure as to have a key decision go his way. The relationship between Congress and the president was confirmed by the War Powers Act of 1973, passed in the aftermath of the Vietnam War.…

    • 538 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    an in-depth view of what the framers intended and how they set the stage for…

    • 2175 Words
    • 9 Pages
    Powerful Essays
  • Good Essays

    Essay On Government Power

    • 1020 Words
    • 5 Pages

    How much power should the government in general and the President in particular be given in times of national crisis? The powers and duties of the president are defined in Article II of the Constitution making him commander in chief of armed forces, chief diplomat, nominating judges, presenting state of union to congress and having the power to pardon and veto. However, the Constitution grants far less powers to the nation’s president in Article II than it does to congress in Article I. Throughout history the unclear statements have given countless possibilities for presidents to expand their powers. One president who took many drastic steps to keep our nation together was Abraham Lincoln.…

    • 1020 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The US federal legislature is bicameral, therefore it consists of the Senate and the House of Representatives, and in theory they should both be of equal power. However, in reality it is the Senate which is considered to hold the most power, although there are arguments to in favour of them having equal rights. In order to reach a balanced judgement I will consider both sides of the argument, beginning with the claim that the Senate is more powerful than the House of Representatives.…

    • 767 Words
    • 4 Pages
    Good Essays