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USA Option: The Executive Branch

Constraints on the exercise of executive power

  • 3 things to know
  • A2 Unit 1

Overview

Six constraints on the President's exercise of power, single most effective congressional constraint on the executive and lame duck President.

What you need to know

Answer each one before you reveal it.

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Key term

Why is impeachment a weak constraint in practice?

Key term

Name six constraints on the President's exercise of power.

Key term

What is the single most effective congressional constraint on the executive?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Name six constraints on the President's exercise of power.

    Model answer

    The President is constrained by Congress, by the federal courts, by the federal structure of the states, by the permanent bureaucracy, by public and media opinion, and by the limits of time in a fixed term.

  2. 2

    What is the single most effective congressional constraint on the executive?

    Model answer

    Control of appropriations is the most effective constraint, because no executive programme can operate without money that only Congress can vote.

  3. 3

    How do the courts constrain the President?

    Model answer

    Federal courts can declare executive action unlawful or unconstitutional through judicial review, and can order the President's officers to stop acting on it.

  4. 4

    How does federalism constrain the President?

    Model answer

    Education, policing, elections and much of health and welfare administration are run by the states, so a President cannot simply direct outcomes in fields where federal authority is limited.

  5. 5

    Why is the federal bureaucracy itself a constraint?

    Model answer

    Most federal employees are career civil servants who outlast administrations, and a department can implement an unwelcome instruction slowly, narrowly or not at all while a President has only a few thousand political appointees to drive it.

  6. 6

    How does the fixed four-year term constrain a President?

    Model answer

    The clock cannot be stopped or an election called early, so a President must achieve their programme within a term whose middle is disrupted by midterm elections and whose end is consumed by the next campaign.

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