Congress Checks On The Power Of The Presidency By

The balance of power is a cornerstone of the American political system, designed to prevent any single branch of government from becoming too dominant. Within this framework, Congress plays a crucial role in checking the power of the presidency. Through a variety of constitutional mechanisms, legislative actions, and oversight functions, Congress acts as a vital counterbalance, ensuring that the executive branch remains accountable and operates within its designated boundaries. This article delves into the various ways Congress checks the power of the presidency, exploring historical examples, contemporary practices, and the ongoing tensions that define this critical relationship.

Checks and balances are inherent to the structure of the U.S. government. The framers of the Constitution were wary of centralized power and sought to distribute authority among the three branches: legislative, executive, and judicial. Congress, as the legislative branch, holds significant powers that allow it to oversee and, when necessary, restrain the actions of the president. These checks are not merely theoretical; they are actively employed in the daily functioning of the government, shaping policy outcomes and influencing the scope of presidential authority.

The Power of the Purse: Controlling Federal Spending

One of the most significant checks Congress has on the presidency is the power of the purse. This authority, rooted in Article I, Section 9 of the Constitution, gives Congress the exclusive right to control federal spending. The president can propose a budget, but it is Congress that ultimately decides how much money will be allocated to various programs and agencies.

The budget process begins with the president submitting a budget proposal to Congress. This proposal outlines the president's priorities and requests funding for various initiatives. However, Congress is not bound by the president's proposal and can—and often does—make significant changes. Congressional committees review the budget, hold hearings, and draft appropriations bills that specify the level of funding for each federal department and agency.

Key Aspects of the Power of the Purse:

• Appropriations Process: Congress must pass appropriations bills to fund the government each fiscal year. If Congress fails to pass these bills, the government can face a shutdown, as occurred in 2013 and 2018-2019.
• Budget Resolutions: Congress sets overall spending targets through budget resolutions, which guide the appropriations process. These resolutions are not binding laws but serve as frameworks for congressional action.
• Oversight of Spending: Congress monitors how the executive branch spends appropriated funds, ensuring that money is used for its intended purposes.
• Impoundment Control: The Impoundment Control Act of 1974 limits the president's ability to unilaterally withhold funds appropriated by Congress. The president must seek congressional approval to defer or rescind spending.

Historical Examples:

• During the Vietnam War, Congress used its power of the purse to limit funding for military operations, reflecting growing public opposition to the war.
• In the 1980s, Congress blocked President Ronald Reagan's efforts to cut funding for certain social programs, demonstrating its ability to protect domestic priorities.
• More recently, Congress has used its power of the purse to influence policies on issues ranging from healthcare to environmental protection, often clashing with presidential initiatives.

Legislative Authority: Shaping Laws and Policies

Beyond controlling spending, Congress also checks the presidency through its legislative authority. The president can propose legislation, but only Congress has the power to enact laws. This gives Congress significant leverage over the president's agenda.

The legislative process involves several stages, including committee review, floor debate, and voting in both the House and Senate. A bill must pass both chambers in identical form before it can be sent to the president for signature. If the president vetoes a bill, Congress can override the veto with a two-thirds vote in both the House and Senate.

Key Aspects of Legislative Authority:

• Lawmaking Process: Congress can amend, block, or rewrite presidential proposals, ensuring that legislation reflects congressional priorities.
• Veto Override: Congress can override a presidential veto, demonstrating its ability to enact laws over the president's objections.
• Setting the Legislative Agenda: Congress can prioritize certain issues and bring them to the forefront, shaping the national debate and influencing policy outcomes.

Historical Examples:

• President Franklin D. Roosevelt's New Deal programs faced significant scrutiny and modification by Congress, illustrating the legislative branch's role in shaping landmark policies.
• The Civil Rights Act of 1964 was the result of extensive congressional debate and compromise, demonstrating Congress's ability to enact transformative legislation despite presidential preferences.
• In recent years, Congress has blocked or modified numerous presidential initiatives on issues such as immigration, climate change, and healthcare, showcasing its ongoing role in checking executive power.

Treaty Ratification and Appointments: Senate's Unique Role

The Senate has unique powers to check the presidency through its role in treaty ratification and the confirmation of presidential appointments. These powers are enshrined in the Constitution and give the Senate significant influence over foreign policy and the composition of the executive and judicial branches.

Treaty Ratification:

Article II, Section 2 of the Constitution gives the president the power to make treaties, but only with the "advice and consent" of the Senate. This means that a treaty negotiated by the president must be ratified by a two-thirds vote in the Senate before it can take effect.

• Senate Review: The Senate Foreign Relations Committee reviews treaties and makes recommendations to the full Senate.
• Debate and Amendments: The Senate can debate treaties and propose amendments or reservations, which can alter the terms of the agreement.
• Rejection of Treaties: The Senate can reject a treaty, preventing it from becoming binding on the United States.

Appointments:

The president has the power to appoint ambassadors, federal judges, and other high-ranking officials, but these appointments are subject to Senate confirmation. This gives the Senate the power to scrutinize the president's nominees and ensure that they are qualified and suitable for their positions.

• Senate Confirmation Hearings: The Senate holds confirmation hearings for presidential nominees, allowing senators to question the nominees about their qualifications, experience, and policy views.
• Committee Review: Senate committees review nominations and make recommendations to the full Senate.
• Senate Vote: The Senate votes on whether to confirm the nominee. A simple majority is typically required for confirmation, although the threshold can be higher for certain positions.

Historical Examples:

• The Senate rejected the Treaty of Versailles in 1919, preventing the United States from joining the League of Nations, demonstrating the Senate's power to shape foreign policy.
• The Senate has rejected or delayed numerous presidential nominees, including judicial nominees, reflecting political disagreements and ideological battles.
• The confirmation process for Supreme Court justices has become increasingly contentious, with the Senate playing a central role in shaping the composition of the nation's highest court.

Oversight and Investigations: Ensuring Accountability

Congress also checks the presidency through its oversight and investigative powers. These powers allow Congress to monitor the activities of the executive branch, investigate potential wrongdoing, and hold officials accountable.

Congress conducts oversight through a variety of means, including committee hearings, investigations, and Government Accountability Office (GAO) reports. These activities help Congress ensure that the executive branch is complying with the law, spending funds properly, and pursuing policies that are in the public interest.

Key Aspects of Oversight and Investigations:

• Committee Hearings: Congressional committees hold hearings to examine issues of public concern, gather information, and question executive branch officials.
• Investigations: Congress can launch investigations into potential wrongdoing by the executive branch, using its subpoena power to compel testimony and documents.
• Government Accountability Office (GAO): The GAO is an independent agency that provides Congress with information and analysis on government programs and activities.

Historical Examples:

• The Watergate scandal led to extensive congressional investigations that uncovered evidence of presidential misconduct and ultimately led to President Richard Nixon's resignation.
• The Iran-Contra affair prompted congressional investigations into the Reagan administration's secret arms sales to Iran and support for the Contras in Nicaragua.
• More recently, Congress has conducted oversight of the Trump administration's policies on issues such as immigration, trade, and national security, holding hearings and issuing reports that have shed light on executive branch actions.

Impeachment Power: The Ultimate Check

The most drastic check Congress has on the presidency is the power of impeachment. Article II, Section 4 of the Constitution gives Congress the power to impeach and remove the president, vice president, and other civil officers for "treason, bribery, or other high crimes and misdemeanors."

The impeachment process begins in the House of Representatives, where a majority vote is required to impeach an official. If the House impeaches an official, the case is then sent to the Senate for trial. The Senate acts as the jury, and a two-thirds vote is required to convict and remove the official from office.

Key Aspects of Impeachment Power:

• House Impeachment: The House of Representatives has the sole power to impeach officials.
• Senate Trial: The Senate conducts the trial of impeached officials, with the Chief Justice of the Supreme Court presiding over the trial of the president.
• Two-Thirds Vote: A two-thirds vote in the Senate is required to convict and remove an official from office.

Historical Examples:

• President Andrew Johnson was impeached by the House of Representatives in 1868 but was acquitted by the Senate.
• President Richard Nixon resigned from office in 1974 to avoid impeachment and removal from office.
• President Bill Clinton was impeached by the House of Representatives in 1998 but was acquitted by the Senate.
• President Donald Trump was impeached twice by the House of Representatives, in 2019 and 2021, but was acquitted by the Senate on both occasions.

Contemporary Challenges and Tensions

The relationship between Congress and the presidency is often marked by tension and conflict. In recent years, these tensions have been exacerbated by partisan polarization, divided government, and the increasing use of executive orders and other unilateral actions by presidents.

Partisan Polarization:

The rise of partisan polarization has made it more difficult for Congress to check the presidency. When Congress is closely divided along party lines, it can be difficult to reach consensus on legislation or oversight activities. This can lead to gridlock and a weakening of congressional power.

Divided Government:

Divided government, in which the presidency is held by one party and one or both houses of Congress are controlled by the other party, can also lead to increased tension and conflict between the branches. In these situations, Congress may be more likely to challenge the president's policies and actions.

Executive Orders and Unilateral Actions:

Presidents have increasingly relied on executive orders and other unilateral actions to achieve their policy goals, particularly when faced with congressional opposition. This can circumvent Congress and undermine its legislative authority.

Evolving Dynamics:

The dynamics between Congress and the presidency continue to evolve, shaped by changing political landscapes and emerging challenges. As the role of government expands and the issues facing the nation become more complex, the need for effective checks and balances remains as critical as ever.

Conclusion

Congress plays a vital role in checking the power of the presidency, ensuring that the executive branch remains accountable and operates within its designated boundaries. Through its power of the purse, legislative authority, treaty ratification and appointments powers, oversight and investigative powers, and impeachment power, Congress acts as a crucial counterbalance to the executive branch.

While the relationship between Congress and the presidency is often marked by tension and conflict, these checks and balances are essential for maintaining a healthy and functioning democracy. As the challenges facing the nation continue to evolve, the need for effective congressional oversight and accountability will remain as critical as ever. How do you think the balance of power between Congress and the presidency will evolve in the future, and what impact will this have on American democracy?