Question:

Explain the various ways through which the President can exercise checks on Congress in the United States. Provide specific examples to support your answer.

Answer:

The President of the United States has several tools at their disposal to exercise checks on the actions and powers of Congress. These checks serve as a means to prevent one branch of government from becoming too dominant over the other and to ensure a system of checks and balances are maintained. Here are five key ways through which the President can exercise these checks on Congress:

1. Veto Power: The most significant check the President holds over Congress is the veto power. The President has the authority to reject bills passed by Congress, essentially preventing them from becoming laws. This check can be executed through a regular veto or a pocket veto. A regular veto occurs when the President directly rejects a bill, sending it back to Congress. A pocket veto, on the other hand, occurs when the President fails to sign the bill within ten days of its receipt and Congress has adjourned. In both cases, to override the President's veto, Congress needs to secure a two-thirds majority in both the House of Representatives and the Senate.

Example: In 2016, President Obama issued a veto against the Justice Against Sponsors of Terrorism Act (JASTA), which sought to allow families of 9/11 victims to sue the government of Saudi Arabia. Despite bipartisan support in Congress, President Obama exercised his veto power, arguing that it might set a precedent for other countries to sue the United States. Ultimately, Congress failed to override the veto.

2. Executive Orders: The President can issue executive orders, which are directives or commands with the full force of law, to guide the actions of federal agencies and personnel. While executive orders do not require Congressional approval, they can be challenged in court if they exceed the President's authority or violate the Constitution. Through executive orders, the President can shape policy and implement government initiatives without relying on Congress's legislation.

Example: In 2021, President Joe Biden issued an executive order titled "Tackling the Climate Crisis at Home and Abroad," which aimed to address climate change by rejoining the Paris Agreement, imposing stricter vehicle emission standards, and promoting green energy infrastructure. This order demonstrated the President's authority to address critical issues and bypass the legislative process when consensus exists within their administration.

3. Nomination and Appointments: The President plays a crucial role in nominating and appointing individuals to various positions, including federal judges, cabinet members, heads of agencies, and ambassadors. These nominations require Senate confirmation. Through careful selections, the President can shape the ideological composition and policy direction of these key positions, thereby influencing the actions and decisions of various branches of government.

Example: In 2021, President Biden nominated Judge Merrick Garland as the Attorney General. Garland's confirmation was closely watched as it would determine the direction of the Department of Justice and its approach to issues like civil rights, criminal justice reform, and immigration. By exercising the power of appointment, the President can directly shape the policies and priorities of federal agencies.

4. State of the Union Address: The President traditionally delivers an annual State of the Union address, which provides an opportunity to outline their policy agenda directly to Congress and the American people. This address serves as a platform for the President to propose legislative initiatives and priorities, guiding Congress's legislative agenda.

Example: In 2015, President Obama used his State of the Union address to discuss his vision for various policy areas, including education, the economy, and foreign affairs. By presenting policy proposals and highlighting areas that needed congressional action, the President attempts to influence lawmakers' priorities and shape legislative outcomes.

5. Bully Pulpit: Although not a formal constitutional power, the President possesses what Theodore Roosevelt referred to as the "bully pulpit." By virtue of their position, the President has a significant platform to shape public opinion and bring attention to various issues. Through speeches, press conferences, and public appearances, the President can sway public sentiment, putting pressure on Congress to take action on specific issues.

Example: In 2019, President Trump used his bully pulpit to advocate for increased border security, specifically for the construction of a wall along the U.S.-Mexico border, which was one of his key campaign promises. By repeatedly discussing the issue and rallying public support, the President attempted to pressure Congress into providing funding for the construction.

In conclusion, the President possesses several checks on Congress, including the power to veto legislation, issue executive orders, nominate and appoint officials, utilize the State of the Union address, and leverage the bully pulpit. These checks ensure a balance of power between the executive and legislative branches, allowing the President to shape policy and influence the actions of Congress.