2.3 Checks and Balances on Presidential Authority

The U.S. Constitution establishes a system of checks and balances to limit presidential power. Congress can oversee, investigate, and impeach the president, while also controlling the budget and appointments. These mechanisms ensure accountability and prevent abuse of executive authority.

The judiciary also plays a crucial role in checking presidential power through judicial review. Courts can strike down unconstitutional executive actions, while the War Powers Resolution aims to limit the president's ability to engage in military conflicts without congressional approval.

Congressional Checks

Oversight and Investigative Powers

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• Congressional oversight enables Congress to monitor and investigate executive branch activities and policies
• Congress can hold hearings, subpoena witnesses and documents, and conduct investigations into executive branch actions
• Oversight helps ensure transparency, accountability, and adherence to laws and congressional intent
• Examples of congressional oversight include investigations into Watergate, Iran-Contra affair, and Benghazi attacks

Impeachment and Removal from Office

• Impeachment is the process by which Congress can remove a president, vice president, or other federal official from office for "treason, bribery, or other high crimes and misdemeanors"
• House of Representatives has the sole power to impeach, acting as a grand jury
• Senate conducts the trial, with a two-thirds majority required to convict and remove the official from office
• Impeachment has been used sparingly, with only three presidents facing impeachment proceedings (Andrew Johnson, Bill Clinton, Donald Trump)

Advice and Consent on Appointments and Treaties

• Senate has the power to provide advice and consent on presidential appointments, including Cabinet members, federal judges, and ambassadors
• Senate can reject or delay presidential nominees, influencing the composition of the executive branch and judiciary
• Senate also provides advice and consent on treaties, requiring a two-thirds majority for ratification
• Examples include the rejection of Robert Bork's Supreme Court nomination and the Senate's role in shaping arms control treaties

Power of the Purse and Budgetary Control

• Congress has the power to tax, borrow, and spend money, giving it significant control over the federal budget
• Presidents must rely on Congress to fund their initiatives and priorities
• Congress can use appropriations bills to influence executive branch policies and actions
• Examples include Congress defunding the Vietnam War and placing restrictions on foreign aid

Veto Override

• Presidents can veto legislation passed by Congress, but Congress can override a veto with a two-thirds majority in both the House and Senate
• Veto overrides demonstrate Congress's ability to assert its legislative authority and challenge presidential power
• Successful veto overrides are relatively rare due to the high threshold required
• Examples include Congress overriding President Clinton's veto of the Partial-Birth Abortion Ban Act in 1997

Judicial Checks

Judicial Review of Executive Actions

• Judicial review allows federal courts to evaluate the constitutionality of executive branch actions and policies
• Courts can strike down executive orders, regulations, and other actions that violate the Constitution or exceed the scope of presidential authority
• Judicial review serves as a critical check on presidential power and ensures adherence to constitutional principles
• Examples include the Supreme Court striking down President Truman's seizure of steel mills during the Korean War (Youngstown Sheet & Tube Co. v. Sawyer) and the Court's invalidation of President Obama's recess appointments to the National Labor Relations Board (NLRB v. Noel Canning)

Checks on Military Power

War Powers Resolution

• The War Powers Resolution of 1973 seeks to limit the president's ability to commit U.S. forces to armed conflicts without congressional approval
• Requires the president to consult with Congress before introducing U.S. forces into hostilities and to withdraw forces within 60 days unless Congress authorizes their continued use
• Aims to reassert Congress's constitutional role in declaring war and providing oversight of military engagements
• Effectiveness of the War Powers Resolution has been debated, with some presidents arguing that it unconstitutionally restricts their authority as Commander-in-Chief
• Examples of its application include the 1983 U.S. invasion of Grenada and the 2011 U.S. military intervention in Libya