The Presidency & Institutions (Edexcel A Level Politics): Revision Note

The presidency and Congress

• The US Constitution divides power to prevent domination by any branch of government

• Checks and balances create tension between the President and Congress, preventing action by one branch alone

• However, partisan alignment can weaken the use of these powers, such as the Senate refusal to convict President Trump during impeachment

The presidency and the Supreme Court

• The Supreme Court ensures that presidential actions comply with the Constitution

  • It can take action against the President when they don’t

• Judicial review

  • The Supreme Court can invalidate executive actions

    • E.g. The Supreme Court blocked Trump’s attempt to end DACA (2020) but upheld numerous challenges to the actions of President Trump including firing federal employees, gutting the Department of Education, and removing temporary protected status from thousands of immigrants

• Interpretation of laws

  • The Supreme Court interprets scope of federal laws affecting the executive

    • E.g. The Supreme Court restricted EPA regulatory authority under Trump (2022), ruling against their authority to regulate greenhouse gas emissions from power plants

• Lifetime tenure of justices

  • The lifetime tenure of justices limits presidents’ short-term influence over judiciary and protects their ability to challenge him

    • E.g. President Obama’s failed nomination of Merrick Garland (2016) showed limits of presidential power

• The Court provides a formal legal check on the president, preventing the overreach of this branch

• However, the president can influence the Supreme Court indirectly through appointments, and therefore, effectiveness depends on composition and timing of appointments