The president of the United States is considered the most powerful person in the country. As the head of state and head of government, the president has a number of powers and responsibilities outlined in the Constitution. However, the president is not all-powerful and there are several checks on presidential authority built into the government system.
Checks on Presidential Power
The Framers of the Constitution wanted to prevent tyranny by dividing power between three branches of government – executive, legislative, and judicial. This system of checks and balances limits the power of any one branch. Here are some of the ways presidential power is kept in check:
- Congress can override a presidential veto. The president has the power to veto legislation passed by Congress, but Congress can override a veto with a two-thirds majority vote in both houses.
- The courts can rule actions unconstitutional. The judiciary has the power of judicial review and can deem presidential actions unconstitutional.
- Congress controls finances. Congress has taxation and spending powers, controlling the budget and federal purse strings. Government shutdowns can result from an impasse over federal spending.
- Senate approves appointments. The president nominates judges, ambassadors, cabinet members, and other top officials but the Senate must confirm them.
- Congress can impeach. The House can vote to impeach a president and the Senate can convict and remove a president from office.
So while the president wields enormous power, the checks built into the Constitution help prevent any president from having absolute authority. The separation of powers limits what any one branch of government, including the executive branch under the president, can do without cooperation from the other branches.
Limits from Public Opinion and Elections
In additional to the constitutional checks from other branches of government, presidential power is also restricted by the public and elections. Public opinion can constrain the president – an extremely unpopular action can bring widespread protests and dissent that hinder the president’s agenda. Presidents face accountability through elections every four years. If the public is dissatisfied with the president’s performance in office, they can vote him out in the next election.
The Supreme Court
The Supreme Court is the highest court in the United States and has the final say in disputes about the constitutionality of laws and government actions. While the president appoints Supreme Court justices, they have lifetime appointments and make rulings independently of the White House once in office. Supreme Court decisions have struck down acts of Congress and presidential initiatives. High-profile examples include:
- Roe v. Wade (1973) – The Court ruled that a right to privacy included a woman’s right to have an abortion, preventing outright bans.
- US v. Nixon (1974) – The Court rejected Nixon’s claim of executive privilege in the Watergate scandal.
- Bush v. Gore (2000) – The Court’s ruling halted Florida’s recount in the disputed 2000 election, essentially deciding the presidency.
While the Supreme Court traditionally has deferred to presidential authority in matters of national security, it has also served as a key check on presidential power and upheld the rule of law. Once confirmed, Supreme Court justices can make decisions that contradict a president’s objectives.
Congress
The legislative branch, Congress, is another check on the president’s power. Through passing legislation and approving budgets and spending, Congress can directly counter the president’s agenda. There are a few notable ways Congress limits presidential power:
- Override vetoes – As mentioned earlier, a two-thirds majority in both houses of Congress can override a presidential veto to pass legislation.
- Confirmation powers – The Senate must confirm high-level presidential appointments, including cabinet members, ambassadors, and Supreme Court justices.
- Investigations – Congressional committees can investigate presidential activities and scandals.
- Impeachment – The House can impeach the president with a majority vote while the Senate can convict and remove a president from office with a two-thirds majority.
- Power of the purse – Congress approves and sets the federal budget, limiting spending on presidential priorities.
Famous examples of Congresses limiting presidential power include the Senate voting not to ratify the Treaty of Versailles after WWI despite President Woodrow Wilson’s advocacy and Congress reducing funding for President Reagan’s Contras rebel allies in Nicaragua.
Public Opinion and Elections
Public opinion and elections serve to keep presidents accountable to the will of the people. Presidents want to maintain popularity and support to achieve their policy goals both in office and build a legacy. Extremely unpopular decisions can galvanize public protests and dissent that hinder a president’s agenda. With presidential job approval ratings closely tracked, presidents are wary of defying strong public sentiment.
Elections every four years give the public regular input on the president’s performance. If the public grows dissatisfied with the state of the country under a president, they can vote that president out of office. Low approval ratings and reelection concerns restrain presidents from highly divisive or unpopular actions.
Term Limits
The 22nd Amendment to the Constitution imposed a two-term limit on presidents. Ratified in 1951, it was passed after Franklin D. Roosevelt won four presidential elections. The amendment restricts any president from serving more than two terms and prevents a president from accumulating excessive power or becoming authoritarian.
The States
While not a formal check, the powers exercised by state governments can serve as a constraint on presidential power. States rights’ disputes test the limits of federal power. And state laws, budgets, regulations, and programs may conflict with federal policies, hindering implementation. For example, many states refused to enforce parts of the Patriot Act they deemed unconstitutional and several states have legalized recreational marijuana in defiance of federal drug laws.
The Military Chain of Command
While the president is commander-in-chief of the armed forces, there is a defined military chain of command that limits total control. The president cannot simply issue direct orders to troops or bypass the Secretary of Defense and Joint Chiefs of Staff. There are laws and internal processes the Department of Defense follows. During national crises, top military advisers may try to constrain the president from making dangerous decisions.
Conclusion
The president wields tremendous power as the head of state and head of government of the United States. However, the Framers of the Constitution created a system of checks and balances specifically to prevent any single branch of government, including the executive branch under the president, from becoming too powerful. While the limits on presidential power lead to constant negotiations and even conflicts with Congress, the Supreme Court, the public, and the states, they help preserve the constitutional system of the United States.