🏛️Congress Unit 12 – Congress and Presidential Relations

Key Players and Institutions

• Congress consists of the House of Representatives and the Senate, which together form the legislative branch of the federal government
• The President, as the head of the executive branch, plays a significant role in shaping legislation and influencing congressional actions
• Congressional leadership, including the Speaker of the House, House Majority and Minority Leaders, and Senate Majority and Minority Leaders, guide their respective parties and set legislative agendas
• Congressional committees, such as the House Ways and Means Committee and the Senate Foreign Relations Committee, hold hearings, draft legislation, and exercise oversight over specific policy areas
• The White House Office of Legislative Affairs serves as a liaison between the President and Congress, working to advance the administration's legislative priorities
• Lobbyists and interest groups seek to influence both Congress and the President on various policy issues
• The media plays a role in shaping public opinion and influencing the actions of both Congress and the President

Constitutional Framework

• Article I of the Constitution establishes the legislative branch and grants Congress specific powers, such as the power to tax, regulate commerce, and declare war
• Article II outlines the powers and responsibilities of the executive branch, including the President's role as commander-in-chief and the power to make treaties and appoint federal officials
• The Constitution's system of checks and balances ensures that no single branch becomes too powerful
  • For example, while Congress has the power to pass legislation, the President can veto bills, and Congress can override a veto with a two-thirds majority in both chambers
• The Framers of the Constitution designed a system that would foster cooperation and compromise between the legislative and executive branches
• The Constitution does not explicitly mention political parties, but the development of parties has significantly influenced the relationship between Congress and the President

Separation of Powers

• The separation of powers is a fundamental principle of the U.S. government, dividing power among the legislative, executive, and judicial branches
• This system prevents any one branch from becoming too powerful and helps maintain a balance of power
• Congress has the power to make laws, while the President has the power to enforce them and the courts have the power to interpret them
• The President can propose legislation and veto bills passed by Congress, but Congress can override a veto with a two-thirds majority in both the House and Senate
• The President has the power to make treaties and appoint federal officials, but these actions require the advice and consent of the Senate
• Congress has the power to declare war, but the President is the commander-in-chief of the military
• The system of checks and balances ensures that each branch can limit the power of the others, preventing abuses of power

Legislative Process and Presidential Influence

• The legislative process begins when a bill is introduced in either the House or the Senate
• Bills are referred to the appropriate congressional committees for consideration, hearings, and amendments
• The President can influence the legislative process by proposing legislation, working with members of Congress to build support, and using the bully pulpit to shape public opinion
• Presidents often use the State of the Union address to outline their legislative priorities and rally support for their agenda
• The White House Office of Legislative Affairs works closely with members of Congress and their staff to advance the President's legislative goals
• Presidents may also use executive orders and signing statements to shape the implementation of legislation
• If a bill passes both the House and Senate, it is sent to the President for approval or veto
  • If the President signs the bill, it becomes law
  • If the President vetoes the bill, Congress can attempt to override the veto with a two-thirds majority in both chambers

Executive Orders and Signing Statements

• Executive orders are directives issued by the President to federal agencies, instructing them on how to implement and enforce laws
• Presidents use executive orders to shape policy and bypass Congress when they believe legislative action is unlikely or too slow
• Signing statements are written comments issued by the President when signing a bill into law
  • These statements can be used to express the President's interpretation of the law or to signal intentions to implement the law in a specific manner
• Both executive orders and signing statements have been controversial, with critics arguing that they allow Presidents to circumvent the legislative process and exceed their constitutional authority
• Congress has the power to pass legislation that modifies or overturns executive orders, but this requires a majority in both chambers and the ability to override a potential presidential veto
• Some notable executive orders include President Truman's order desegregating the military, President Obama's order on immigration enforcement (DACA), and President Trump's travel ban

Veto Power and Override

• The President has the power to veto legislation passed by Congress, preventing it from becoming law
• When the President vetoes a bill, they typically send a veto message to Congress explaining their reasons for the veto
• Congress can attempt to override a presidential veto with a two-thirds majority vote in both the House and Senate
  • If successful, the bill becomes law without the President's signature
• Pocket vetoes occur when the President does not sign a bill within ten days (excluding Sundays) and Congress has adjourned, effectively killing the legislation
• The threat of a veto can be a powerful tool for the President to influence the legislative process and negotiate changes to bills
• Historically, Congress has overridden fewer than ten percent of presidential vetoes, demonstrating the difficulty of achieving a two-thirds majority in both chambers

Budget and Appropriations

• The federal budget process involves both Congress and the President, with each playing a significant role in shaping government spending priorities
• The President submits an annual budget proposal to Congress, outlining the administration's spending priorities and revenue projections
• Congress, specifically the House and Senate Appropriations Committees, is responsible for drafting and passing appropriations bills that allocate funds to various government agencies and programs
• The budget resolution, passed by both chambers of Congress, sets overall spending levels and provides a framework for the appropriations process
• If Congress fails to pass appropriations bills before the start of the new fiscal year (October 1), it may pass continuing resolutions to maintain government funding at current levels and avoid a shutdown
• The President can veto appropriations bills, leading to negotiations between the White House and congressional leaders to resolve differences
• In recent years, budget disagreements between Congress and the President have led to government shutdowns, such as the 2013 shutdown over the Affordable Care Act and the 2018-2019 shutdown over border wall funding

Foreign Policy and War Powers

• The Constitution divides foreign policy and war powers between Congress and the President
• The President is the commander-in-chief of the military and has the power to negotiate treaties and appoint ambassadors
  • However, treaties must be ratified by a two-thirds majority in the Senate, and ambassadorial appointments require Senate confirmation
• Congress has the power to declare war, regulate the armed forces, and fund military operations
• The War Powers Resolution of 1973 seeks to limit the President's ability to commit U.S. forces to armed conflict without congressional approval
  • It requires the President to consult with Congress and withdraw forces within 60 to 90 days unless Congress authorizes continued military action
• In practice, Presidents have often engaged in military operations without formal congressional declarations of war, such as in Vietnam, Kosovo, and Iraq
• Congress can influence foreign policy through its power to approve or reject trade agreements, impose sanctions, and regulate foreign assistance programs

Appointments and Confirmations

• The President has the power to appoint federal judges, cabinet members, and other high-level officials, but these appointments require the advice and consent of the Senate
• The Senate Judiciary Committee holds hearings on judicial nominees and votes to send nominations to the full Senate for consideration
• Other Senate committees, such as the Foreign Relations Committee and the Armed Services Committee, hold hearings on cabinet and other executive branch nominees
• The Senate confirmation process can be a point of contention between the President and Congress, particularly when the Senate is controlled by the opposition party
• In recent years, the use of the filibuster to block nominations has led to changes in Senate rules, such as the elimination of the 60-vote threshold for most executive branch and judicial nominees (except Supreme Court justices)
• Recess appointments, made when the Senate is not in session, have been used by Presidents to bypass the confirmation process, but the Supreme Court has limited their use in recent decisions

Impeachment and Oversight

• Congress has the power to investigate and oversee the actions of the executive branch, including the President
• House committees can conduct hearings, issue subpoenas, and request documents as part of their oversight responsibilities
• The House of Representatives has the sole power to impeach federal officials, including the President, for "treason, bribery, or other high crimes and misdemeanors"
  • Impeachment is a formal accusation of wrongdoing and requires a simple majority vote in the House
• If the House impeaches an official, the Senate holds a trial to determine whether to convict and remove the official from office
  • Conviction requires a two-thirds majority vote in the Senate
• In U.S. history, only three Presidents have faced impeachment proceedings: Andrew Johnson, Bill Clinton, and Donald Trump (twice)
  • None were convicted and removed from office by the Senate
• Congressional oversight can also include investigations into executive branch agencies, such as the FBI, CIA, and Department of Justice, to ensure they are acting within the law and not abusing their power

Historical Trends in Congress-Presidential Relations

• The relationship between Congress and the President has evolved, with periods of cooperation and conflict throughout U.S. history
• In the early years of the republic, Congress was the dominant branch, with Presidents playing a more limited role in shaping domestic policy
• The power of the presidency grew during the 20th century, particularly during times of crisis such as the Great Depression, World War II, and the Cold War
• Divided government, where one party controls the presidency and the other controls one or both chambers of Congress, has become more common in recent decades
  • This has often led to gridlock and partisan conflict, making it difficult to pass major legislation
• The use of executive orders, signing statements, and other unilateral actions by Presidents has increased in response to congressional gridlock
• The media and public opinion have also played an increasingly important role in shaping the relationship between Congress and the President, with both branches seeking to win public support for their positions

Current Dynamics and Future Outlook

• The current political landscape is characterized by deep partisan polarization, making cooperation between Congress and the President challenging
• Divided government, with Democrats controlling the presidency and Senate and Republicans controlling the House, has led to conflicts over issues such as government spending, immigration, and investigations into the executive branch
• The use of executive actions, such as President Biden's orders on climate change and racial equity, has continued to be a point of contention between the branches
• The increasing use of social media by Presidents to communicate directly with the public has added a new dimension to the relationship between Congress and the President
• Future trends in Congress-Presidential relations will likely be shaped by factors such as the outcome of elections, the state of the economy, and emerging policy challenges
  • Issues such as climate change, healthcare, and technological disruption may require new forms of cooperation between the branches
• Efforts to reform the political system, such as reducing the influence of money in politics or addressing partisan gerrymandering, could also impact the balance of power between Congress and the President
• Ultimately, the ability of Congress and the President to work together in the face of political differences will be essential for addressing the nation's most pressing challenges