18.5.1 Factors Influencing Congress-Presidency Relations

Factors that Influence the Relationship Between Congress and the Presidency

The relationship between Congress and the presidency in the United States is shaped by a complex interplay of constitutional roles, political dynamics, and external factors. This relationship is crucial for effective governance, as it influences the ability of the federal government to enact and implement policies. Several key factors play a significant role in shaping this relationship.

1. Constitutional Powers and Separation of Powers

• Checks and Balances: The U.S. Constitution establishes a system of checks and balances, dividing powers between the executive and legislative branches to prevent any one branch from becoming too powerful. Congress has the power to make laws, control the budget, and oversee the executive branch, while the President has the power to veto legislation, enforce laws, and conduct foreign policy. This system inherently creates tension and requires negotiation and compromise between the two branches.
• Veto Power: The President's veto power is a significant tool in the relationship with Congress. The threat of a veto can influence the legislative process, pushing Congress to modify bills to avoid a presidential rejection. However, Congress can override a veto with a two-thirds majority in both chambers, which is challenging but not impossible, as seen in cases like the override of President Obama's veto on the Justice Against Sponsors of Terrorism Act.
• Executive Orders: The President can issue executive orders to bypass Congress when immediate action is needed, especially when there is legislative gridlock. However, the use of executive orders can strain the relationship with Congress, particularly if members perceive the President as overstepping their constitutional boundaries.

2. Political Party Control and Partisanship

• Unified vs. Divided Government: The relationship between Congress and the presidency is significantly influenced by whether the same party controls both branches (unified government) or different parties control them (divided government). In a unified government, the President typically finds it easier to pass legislation, as seen with Biden's success in passing the American Rescue Plan in 2021. In contrast, divided government often leads to gridlock, where legislative progress stalls due to partisan opposition, as was common during President Obama's second term when Republicans controlled Congress.
• Partisanship and Polarization: Increasing political polarization has deepened the partisan divide in Congress, making it more difficult for Presidents to secure support from the opposing party. This was evident during the Trump administration, where partisan divisions led to significant challenges in passing key pieces of legislation, such as the repeal of the Affordable Care Act. The increasing trend of party-line voting further complicates the relationship, reducing opportunities for bipartisan cooperation.

3. Public Opinion and Electoral Considerations

• Public Support: The President's relationship with Congress is also influenced by public opinion. A President with high approval ratings may find it easier to persuade Congress to support their agenda, as members of Congress are often sensitive to the views of their constituents. Conversely, a President with low approval ratings may struggle to gain congressional support, particularly if members fear electoral backlash.
• Midterm Elections: Midterm elections can shift the balance of power in Congress, affecting the President's ability to pursue their legislative agenda. For instance, the 2018 midterms resulted in Democrats gaining control of the House, which significantly constrained President Trump's ability to pass legislation during the latter part of his term. Midterm outcomes often reflect public satisfaction or dissatisfaction with the President's performance, influencing the subsequent relationship between the executive and legislative branches.

4. Congressional Leadership and Committee Influence

• Leadership Dynamics: The relationship between Congress and the President is also shaped by the leadership within Congress, particularly the Speaker of the House and the Senate Majority Leader. Strong congressional leaders can either facilitate cooperation with the President or act as formidable opponents. For example, Nancy Pelosi, as Speaker of the House, played a key role in advancing or blocking legislation during the Trump and Biden administrations, depending on the political objectives of the Democratic Party.
• Committee Power: Congressional committees play a crucial role in shaping legislation and overseeing the executive branch. The chairs of these committees can significantly influence the relationship with the President by deciding which bills advance and by conducting investigations into executive actions. For instance, the Senate Judiciary Committee's role in confirming judicial appointments gives it substantial leverage over the President's ability to shape the judiciary.

5. External Factors and National Crises

• National Crises: Events such as economic downturns, natural disasters, or national security threats can dramatically affect the relationship between Congress and the President. In times of crisis, there is often a temporary suspension of partisan divisions as both branches work together to address urgent national issues. The passage of the CARES Act in response to the COVID-19 pandemic is a prime example of Congress and the President working together quickly and effectively, despite deep-seated partisan differences.
• Foreign Policy: The President generally has more autonomy in foreign policy, but Congress still plays a crucial role, especially in matters of war and funding. The War Powers Resolution and Congress's power of the purse are critical tools that can either support or constrain presidential actions abroad. For example, Congress's response to military engagements or international agreements can either bolster or undermine the President's foreign policy initiatives.

Conclusion

The relationship between Congress and the presidency is dynamic and shaped by a variety of factors, including constitutional powers, political dynamics, public opinion, leadership within Congress, and external events. Understanding these factors is crucial for analyzing the effectiveness of governance in the United States and the ability of the federal government to respond to the needs of the nation. While the system of checks and balances is designed to prevent the concentration of power, it also requires ongoing negotiation and cooperation between Congress and the President to function effectively.

Essay Plan: Evaluate the View that Congressional Oversight of the Executive is Effective

Paragraph 1:

• Oversight through Appointments: Congress's role in the appointment of Supreme Court Justices, where it has the power to confirm or reject nominations. For example, in a divided government, oversight is more pronounced, as seen when the Republican Senate refused to hold a hearing for Merrick Garland's appointment by President Obama.
• Evaluation: In a unified government, congressional oversight may be less effective due to party-line voting. For instance, the confirmation of Amy Coney Barrett passed with a narrow 52-48 vote in the Senate.

Paragraph 2:

• Oversight through Policy: Congressional oversight in both domestic and foreign policy areas. For example, Trump's failure to repeal Obamacare under a Republican Congress and the shutdown of the federal government due to funding disputes over the southern border wall.
• Evaluation: The President's power in foreign policy often bypasses Congress. For instance, Biden's airstrikes on Houthi rebels and Trump's assassination of Iranian General Qassem Soleimani highlight the limits of congressional oversight in foreign affairs.

Paragraph 3:

• Impeachment Process: Congress's ability to remove a President through impeachment, as seen in Richard Nixon's resignation over the Watergate scandal and Trump's two impeachments.
• Evaluation: Despite impeachment efforts, outcomes like Nixon's pardon by Gerald Ford and failed impeachments of Trump show limitations in congressional oversight effectiveness, as neither impeachment led to removal from office.