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Checks on the presidency: lesson overview
A high-level overview of how the president’s agenda can create tension and frequent confrontations with Congress.
Presidents pursue policy agendas, and they also carry the responsibility for filling more than 3,000 positions. Both of these activities can create tension and confrontations with Congress.
Key terms
| Term | Definition |
|---|---|
| presidential nomination | A president’s formal proposal of a candidate to fill a position, such as a cabinet member or Supreme Court justice. |
| confirmation | Senate approval of a presidential nomination. |
| executive order | A rule or order issued by the president without the cooperation of Congress that carries the force of law. |
Key documents to know
The Constitution of the United States (1787) — The fundamental laws and principles that govern the United States. The document was a result of several compromises between federalists and anti-federalists at the Constitutional Convention.
Key takeaways
Confirmation of presidential appointments can cause conflict: Some presidential appointments, including cabinet members, ambassadors, and life-tenured judicial appointments, require Senate confirmation. The confirmation process serves as an important check on the presidency and can put the executive and legislative branches at odds.
The stakes are especially high with life-tenured judicial appointments, such as Supreme Court justices; their life-tenured nature gives the president an opportunity to extend his or her influence for decades after leaving office. By comparison, White House staff positions do not require Senate confirmation and are typically much easier to fill.
Conflict between the presidential agenda and the congressional agenda: The president uses executive orders and policy initiatives to achieve policy goals, both of which can bring further conflict with Congress. As executive orders are used to create laws without congressional input or approval, they represent an enhancement of the presidency beyond its expressed constitutional powers.
Review questions
How do presidential appointments cause conflict with Congress?
Which presidential appointment is the most contentious? Why?
How do executive orders cause conflict with the Congressional agenda?
Want to join the conversation?
How do presidential appointments cause conflict with Congress?
Presidential appointments must be confirmed by the Senate, which can create tension and disagreement as the executive and legislative branches don't always agree on certain individuals being appointed, due to differences in ideology.
Which presidential appointment is the most contentious? Why?
The presidential appointment of Supreme Court judges is the most contentious as judges serve lifetime terms. Presidents can influence policy through judges they had appointed even after their terms.
How do executive orders cause conflict with the Congressional agenda?
Executive orders do not require consent from Congress, which can create tension between the two branches as during divided governments, the executive and legislative branches often support opposing policy.(10 votes)
1) Presidential appointments must be confirmed by the Senate, which can create tension and disagreement as the executive and legislative branches don't always agree on certain individuals being appointed, due to differences in ideology.
2) The presidential appointment of Supreme Court judges is the most contentious as judges serve lifetime terms. Presidents can influence policy through judges they had appointed even after their terms.
3) Executive orders do not require consent from Congress, which can create tension between the two branches as during divided governments, the executive and legislative branches often support opposing policy.(3 votes)
Can the president appoint a republican judge and get him in scot-free if the Senate is pro-republican?(3 votes)- Unless the senate does not agree to the appointment, yes. It doesn’t matter what party the appointed official or the president is. If the senate approves, the the appointment can go through.(1 vote)
- How do executive orders cause conflict with the Congressional agenda?(1 vote)
Howdy Jayden,
Executive Orders enable the President to enforce laws according to his interpretation, without much involvement (if at all) from congress. Of course, the Judicial Branch can always call out his action as Unconstitutional, but it enables situations for the President to bypass the congressional agenda, whether on a small or large scale.
Hope this helps.(5 votes)
Can the president wield his veto power for a constitutional amendment?(1 vote)- Article V-Constitutional amendments are approved by state legislatures or state conventions. The president has no role in the process(3 votes)
Depending on the majority party of congress certain appointments may be rejected in order to swing the courts a specific political way.
The Supreme Court because of the large influence that the justices have on policies.
They override the congressional policies giving the president absolute power over certain policies.(2 votes)- Which presidential appointment is the most contentious? Why? How do executive orders cause conflict with the Congressional agenda(1 vote)
I think the appointment of Supreme Court justices are the most controversial and fought over. Like the above article said, it is because their influence can last decades because justices in the Supreme Court serve until death with a few exceptions. As for you last question, I think if the president is representing one party, and both houses of Congress are the majority of the other party, almost any executive order passed by the president will be controversial, as it will most likely go against their views.(0 votes)
- can the president veto his choice immeditaley after or a few days after he said y or approved it.(0 votes)
- Can the president appoint a republican judge and get him in scot-free if the Senate is pro-republican?(0 votes)
Yes. As long as 51 people support a justice nomination, you can nominate almost anyone.(0 votes)
