5.3 Presidential Powers and Constraints

Latin American presidents wield substantial power through constitutional authority and informal influence. They can initiate laws, issue decrees, and shape policy agendas. However, their power isn't absolute. They face constraints from other branches, independent institutions, and public opinion.

The balance between presidential power and constraints is crucial for democratic governance. While strong executives can drive change, unchecked authority risks authoritarianism. Understanding this dynamic is key to grasping Latin American political systems and their challenges.

Presidential Power in Latin America

Formal Powers Granted by Constitutions

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• Latin American presidents have substantial formal powers granted by their national constitutions
  • Legislative powers allow presidents to initiate legislation and set the legislative agenda, giving them significant influence over the policymaking process
  • Decree authority enables presidents to issue decrees with the force of law, allowing them to bypass the legislative process on certain issues (emergency decrees, budgetary decrees)
  • Veto power allows presidents to block legislation passed by congress, often requiring a supermajority to override
  • Appointment powers give presidents control over naming cabinet members, judges, and other key government officials, shaping the executive branch

Informal Powers and Influence

• Presidents can use their position as head of state to set the national agenda, rally public support, and pressure congress through the "bully pulpit"
  • Delivering speeches, holding press conferences, and using media appearances to communicate directly with the public
• Presidents often negotiate directly with legislators, interest groups, and other stakeholders behind the scenes
  • Building coalitions, trading favors, and securing support for their initiatives through personal diplomacy and political bargaining
• Control over state resources and patronage networks can be leveraged to reward allies and punish opponents
  • Allocating funds, contracts, and appointments to maintain loyalty and discipline within the president's party or coalition

Constraints on Presidential Authority

Constitutional Checks and Balances

• Presidential powers in Latin America are constrained by the separation of powers system
  • Legislative branch can override vetoes, conduct investigations, and impeach the president for misconduct or abuse of power
  • Judicial branch can rule on the constitutionality of presidential actions, striking down decrees or executive orders that violate the law
• Constitutions outline the specific powers granted to the president and place limits on their authority
  • Restricting certain types of decrees, requiring legislative approval for key decisions (international treaties, war declarations)
• Federal systems in some countries disperse power to state and local governments, limiting the reach of the national executive (Brazil, Mexico, Argentina)

Institutional and Legal Constraints

• Independent institutions constrain presidential influence in their respective domains
  • Central banks set monetary policy and control currency stability (Brazil's Central Bank, Mexico's Bank of Mexico)
  • Electoral tribunals oversee elections and certify results (Brazil's Superior Electoral Court, Mexico's Federal Electoral Tribunal)
  • Anti-corruption agencies investigate misconduct and sanction public officials (Brazil's Office of the Comptroller General)
• Term limits restrict how long presidents can serve, usually to one or two consecutive terms
  • Some leaders have sought to amend or circumvent these limits (Evo Morales in Bolivia, Alberto Fujimori in Peru)
• Judicial decisions and international commitments create legal boundaries for presidential action
  • Inter-American Court of Human Rights rulings, international treaty obligations

Public Opinion and Presidential Decisions

Approval Ratings and Political Capital

• Public approval ratings can bolster or undermine a president's political capital
  • High approval provides leverage to advance the president's agenda and withstand opposition
  • Low approval erodes the president's mandate and empowers challengers inside and outside their party
• Presidents use polls and focus groups to gauge public sentiment on key issues
  • Calibrating messaging and policy positions to align with popular preferences and avoid backlash

Media Coverage and Perception Management

• The media plays a crucial role in shaping public perceptions of the president and their policies
  • Positive coverage boosts popularity and credibility, while negative coverage damages reputation and support
• Presidents seek to manage their media image
  • Holding press conferences and interviews to control the narrative and respond to criticism
  • Using social media for direct communication with followers and to counter unfavorable stories
• Investigative reporting can expose presidential scandals or policy failures
  • Peru's Odebrecht corruption scandal implicated multiple former presidents

Social Movements and Mass Protests

• Organized protests and social movements can pressure presidents to address issues or change unpopular policies
  • Indigenous protests in Ecuador forced President Moreno to cancel austerity measures in 2019
• Mass demonstrations and strikes can destabilize governments and force presidents to resign
  • Protests in Bolivia led to Evo Morales' resignation in 2019
  • Chile's 2019-2020 protests compelled President Piñera to agree to a constitutional referendum

Judiciary vs Presidential Power

Judicial Review of Executive Actions

• Constitutional courts and supreme courts can review the legality and constitutionality of presidential actions
  • Invalidating executive orders, decrees, and directives that violate the constitution or laws
  • Defining the limits of presidential power in relation to other branches and fundamental rights
• Judges can issue injunctions to block implementation of presidential policies pending judicial review
  • Argentina's Supreme Court suspended President Macri's gas rate hikes in 2016
• Landmark court cases have challenged presidential overreach and reaffirmed constitutional limits
  • Brazil's Supreme Court blocked President Bolsonaro's attempt to transfer indigenous land demarcation to the Agriculture Ministry in 2019

Importance of Judicial Independence

• Independence and impartiality of the judiciary is crucial for effectively checking presidential authority
  • Resisting political pressure, ruling based on the law and evidence
• Presidents have sometimes sought to influence courts through appointments, intimidation or manipulation
  • Packing courts with loyalists, pressuring judges to rule in the president's favor
  • Weakening judicial independence can lead to impunity for presidential abuses and erosion of the rule of law
• Strong judiciaries act as a bulwark against excessive presidentialism
  • Colombia's Constitutional Court banned President Uribe from seeking a third term in 2010
  • Brazil's courts have authorized investigations into multiple presidents for corruption (Lula, Temer, Bolsonaro)