2.5 Checks on the Presidency

Congress checks the president

Congress limits presidential power through the power of the purse (funding programs), advice and consent (Senate confirms appointments and ratifies treaties), override of vetoes (two-thirds vote in both chambers), and impeachment/removal. Congressional oversight through hearings and investigations also constrains executive actions and holds agencies accountable.

The judiciary checks the president

Federal courts, including the Supreme Court, can declare presidential actions or executive orders unconstitutional through judicial review (established in *Marbury v. Madison*). Cases like *United States v. Nixon* show courts limiting claims of executive privilege, reinforcing that presidents are not above judicial oversight.

Tension: unilateral power vs. checks

Presidents sometimes act unilaterally through executive orders, signing statements, and executive agreements to bypass a slow or gridlocked Congress. This creates ongoing tension between the president's desire for swift action and the constitutional system of checks and balances designed to prevent unilateral overreach.

Key terms

Power of the purse

Congress's constitutional authority to control government spending, used to check presidential programs and initiatives.

Advice and consent

The Senate's role in confirming presidential appointments and ratifying treaties (two-thirds vote for treaties).

Executive privilege

The president's claimed right to withhold information from Congress or courts; limited by United States v. Nixon.

Executive order

A unilateral directive from the president to federal agencies that has the force of law but can be challenged by courts or overturned by future presidents.

Judicial review

The power of courts to declare presidential or legislative actions unconstitutional, established in Marbury v. Madison.

Try an AP-style question

Which is a legislative check on the president?

1. Pardoning a criminal
2. Refusing to fund a program
3. Issuing an executive order
4. Negotiating a treaty