Checks on Presidential Power

Announcements:

Junior Boys: Do you love government? Want to gain leadership skills? Then Missouri Boys State may be right up your alley. There will be an informational meeting about this 8 day experience on Friday, Nov. 22 during 3rd hour. If you're interested in attending the info meeting, please send Mrs. Eikel an email and she will send a pass for you.

READING: 341-378 in Edwards

UNIT TWO IDENTIFICATION TERMS

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Today's Essential Question: How can presidential powers be limited?


Learning Standards:
CON-4.B: Explain how the president’s agenda can create tension and frequent confrontations with Congress.

CON-4.B.1: The potential for conflict with the Senate depends upon the type of executive branch appointments, including:

• Cabinet members 
• Ambassadors 
• White House staff 

CON-4.B.2: Senate confirmation is an important check on appointment powers, but the president’s longest lasting influence lies in life-tenured judicial appointments.

CON-4.B.3: Policy initiatives and executive orders promoted by the president often lead to conflict with the congressional agenda.

Limits on Presidential Power
Although the President has many powers, both formal and informal, that does not mean that the President is all-powerful. In our constitutional system of separation of powers (more correctly shared powers) and checks and balances, there are limits to what the President can do. Today, we will look at some of the checks on Presidential power.

In your group, brainstorm the ways that Congress can limit the President. You should be able to come up with a minimum of 5-6.

The President's policy agenda and Congress's legislative agenda sometimes are at odds.

The judicial branch can also serve as an effective check on presidential power and several cases have addressed potential abuse of power.  Here are six cases that address presidential power.

Important Cases:

1. Youngstown Sheet & Tube Co. v. Sawyer, 1952

2. US v. Nixon, 1974

3. Clinton v. Jones, 1997

4. Clinton v. City of New York, 1998

5. Hamdi v. Rumsfeld, 2004

6. NLRB v. Canning, 2014

Using Oyez (or other reputable websites), research your assigned case, focusing on

• the facts of the case
• the constitutional question
• the Court's opinion & rationale

You will be sharing your findings with the rest of the class.