Limits of Presidential Power: Tension with Congress

Introduction

• Focus on limits of presidential power in the context of the President's agenda vs. Congress.
• Particularly addresses the tension with Senate due to constitutional powers.

Senate's Role and Powers

• Advice and Consent: Senate's constitutional power to approve treaties and presidential appointments.

Types of Presidential Appointments

1. Ambassadors

• Appointed by the President.
• Generally approved by the Senate without much controversy.

2. White House Staff

• Appointed by the President.
• No Senate approval required.

3. Presidential Cabinet

• Heads of executive departments.
• Require Senate approval.
• Usually approved, though can cause tension.
  • Example: George H.W. Bush's rejected appointment in 1989.
  • Example: Betsy DeVos' contentious approval as Secretary of Education, decided by VP Mike Pence.

4. Federal Courts and Supreme Court

• Federal Judges Appointments: President appoints; require Senate confirmation.
• Seen as lifetime appointments, impacting long-term presidential ideology.

Notable Supreme Court Confirmation Battles

• Robert Bork (Reagan Era):

  • Rejected due to potential rollback of civil rights and controversial views on monopolies.
  • "Borking" term originated from his contentious confirmation process.

• Brett Kavanaugh (Trump Era):

  • Faced allegations of past indiscretions.
  • Ultimately approved, but faced intense scrutiny ("borking").

Conclusion

• Vice President's Role: Breaks tie votes in Senate, exemplified by Mike Pence during Betsy DeVos' confirmation.
• Historical and ongoing tension in appointments reflects broader struggle between executive and legislative branches.