19.3.1 Congress and the Supreme Court.

The Balance of Power: U.S. President, Congress, and the Supreme Court

The President vs. Congress

Power of Legislation and Influence

• Presidential Power: The President's influence largely depends on their ability to persuade Congress and the public. In a unified government, where the President's party controls both houses, the President is more likely to achieve legislative success. For instance, Obama passed significant legislation like the Affordable Care Act during his first two years with a Democrat-controlled Congress. However, in a divided government, the President's power is significantly reduced, often leading to legislative gridlock, as seen with Trump's failure to repeal the Affordable Care Act despite Republican majorities in Congress.
• Congressional Power: Congress can check the President's power through legislative oversight, budget control, and impeachment. The power to control federal spending is particularly crucial, as seen in Trump's struggle to secure funding for his border wall, leading to a government shutdown. Congress's ability to block or slow down a President's agenda highlights its critical role in maintaining a balance of power.

Executive Orders and Legislative Workarounds

• Presidential Power: Executive orders have become a key tool for Presidents to achieve policy goals without Congressional approval. For example, Obama used executive orders like DACA to protect young undocumented immigrants after Congress failed to pass comprehensive immigration reform. Similarly, Trump used executive orders to impose travel bans and redirect funds for the border wall.
• Congressional Power: Despite the President's ability to issue executive orders, Congress can counteract these actions through legislation, funding decisions, or legal challenges. For instance, Trump's executive order to redirect funds for the border wall was met with significant legal challenges and Congressional pushback, demonstrating the limitations of this power.

The Imperilled Presidency

• Presidential Power: In theory, the President is the most powerful individual in the U.S. government. However, in practice, this power is often limited by the need to negotiate and compromise. For example, Bush's failure to reform Social Security in 2005, despite his electoral mandate, underscores the challenges Presidents face in achieving their goals.
• Congressional Power: Congress's ability to block or stall the President's agenda—through mechanisms like the filibuster, committee hearings, and legislative gridlock—often leaves the President in a position where persuasion and compromise are necessary. This was evident in Obama's second term, where he struggled to pass significant legislation on gun control and immigration due to Congressional opposition.

The President vs. The Supreme Court: Judicial Checks on Executive Power

Judicial Review and Presidential Authority

• Presidential Power: The President influences the judiciary through Supreme Court appointments, which can shift the Court's ideological balance. For example, Trump's appointments of Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett shifted the Court to a 6-3 conservative majority, impacting major rulings on issues like abortion and affirmative action.
• Judicial Power: Despite the President's influence on the Court, the Supreme Court can still act as a strong counterbalance. The Court's power of judicial review allows it to strike down executive actions that overstep legal boundaries. For instance, the Supreme Court blocked Trump's attempt to end DACA, ruling that his administration's approach was arbitrary. Similarly, the Court struck down Biden's attempt to forgive $400 billion in student loans, demonstrating its role in checking executive overreach.

The Imperial Presidency and Judicial Oversight

• Presidential Power: Presidents have used tools like executive orders, signing statements, and aggressive foreign policy actions to extend their influence. Bush's use of the Patriot Act and the establishment of Guantanamo Bay, Obama's executive orders on immigration, and Trump's travel bans and border wall funding redirection are examples of this trend.
• Judicial Power: The Supreme Court's oversight prevents the President from becoming too powerful. For example, Bush's actions post-9/11 faced judicial scrutiny, and several of Obama and Trump's executive orders were challenged and limited by the Court. This balance ensures that while the President may act decisively, they cannot do so without legal constraints.

The Dual Presidency Theory

• Presidential Power: In foreign policy, Presidents like Bush, Obama, and Trump have exercised significant autonomy, engaging in military actions and negotiating international agreements with minimal Congressional interference. For example, Obama's intervention in Libya and Trump's renegotiation of NAFTA into USMCA were conducted with broad executive authority.
• Judicial Power: Despite the President's autonomy in foreign policy, the Supreme Court can still intervene when executive actions infringe on constitutional rights or exceed legal authority. This ensures a continued balance of power, even in areas where the President traditionally holds more sway.

Conclusion: A Balance of Power

The relationship between the U.S. President, Congress, and the Supreme Court is defined by a dynamic balance of power. While the President wields significant influence, particularly through persuasion, executive orders, and foreign policy, Congress and the Supreme Court provide essential checks that prevent the concentration of power in the executive branch. This system of checks and balances ensures that no single branch becomes too powerful, maintaining the constitutional framework envisioned by the Founding Fathers.

Evaluate the View That the President is the Most Powerful Branch of Government Rather Than the Supreme Court or Congress

Impeachment

• Clinton and Trump twice in 2019 and 2021
• Shows that the President is more powerful as both Trump and Clinton were impeached yet remained as President as a supermajority in both the House and the Senate was not achieved
• Clinton impeached due to an affair with a White House intern, Monica Lewinsky
• Trump was impeached in 2019 for coercing the Ukrainian government for intel on his opponent for the 2020 Presidential election Joe Biden. As well as this, he was impeached in 2021 for "incitement of insurrection"
• Trump's impeachment failed as the Senate was dominated by Republicans, and a supermajority was not reached
• However, a president like Nixon proved to be dominated by Congress as he was on the verge of impeachment but resigned

Presidential Vetoes

• Formal rejection of bills passed by both houses of Congress
• A supermajority is needed by both Houses in Congress to override a Presidential veto, and will be difficult in a united government
• Donald Trump made eight regular vetoes where one was overturned
• In July 2019, Trump vetoed a series of bipartisan resolutions that aimed to block sales of weapons to Saudi Arabia, as a result of combating Iranian aggression
• However, Obama during his last term had a veto overridden by Congress
• In 2016, Obama vetoed the Justice Against Sponsors of Terrorism Act, which would have allowed families of the victims of the 9/11 terrorist attacks to sue the government of Saudi Arabia. It was overridden by Congress as it was decided that this legislation was too extreme
• Congress proved to be dominant because the Republicans dominated Congress towards the end of Obama's second term, limiting his power as President, and he was also a lame duck

United Government

• In 2016-17, Trump was a Republican and both houses were dominated by the Republicans
• Allows the president to pass legislation easily without scrutiny
• In 2017, Trump passed the Tax Cuts and Jobs Act. Lowered corporation tax from 35% to 20% and made several changes to the tax code
• However, Presidents can be classified as a lame duck towards the end of their term
• For example, in 2016, Obama was a Democrat and both houses in Congress were dominated by Republicans. This made it harder for Obama to pass legislation, where his last Presidential veto was overridden by Congress—the Justice Against Sponsors of Terrorism Act 2016