Evaluate The View That The President’s Power Is Effectively Limited By The Constitution and Supreme Court. (30)

AGREE 1

SCOTUS power to interpret constitution allows the SCOTUS to strike down legislation/govt actions that breaches the constitution.

the Court ruled that part of the Affordable Care Act requiring states to expand Medicaid or lose existing federal funding was an unconstitutional overreach of federal power.

DISAGREE 1

Politicisation of SC limits effectiveness of checks and balances as president can appoint those who align with his ideology

trump 3x conservative SC judges ->    6-3 conservative majority. Dobbs v Jackson Women’s Health Organization - overturning of roe v wade.

AGREE 2.1

Congress has significant limits over the Presidents Foreign Policy control in the constitution.

Congress has foreign policy power of declaring war.

Congressional declaration of war against Japan in 1941, following the attack on Pearl Harbor, leading the U.S. into World War II

AGREE 2.2

Power of the Purse - Congress significant control over defence and foreign aid budgets.

In 2019, Congress acted to limit arms sales and military aid to Saudi Arabia. Challenging trumps power over foreign policy.

DISAGREE 2

Presidents power in foreign policy has often exceeded constitutional limits. Allowing them to bypass congress.

Obama authorised military action in Libya without congressional approval.

Nixon authorised covert bombing in Cambodia during the Vietnam war without congressional approval

AGREE 3.1

Separation of powers ensures no branch of government becomes too powerful. Constitution requires the 3 branches to work alongside each other.

Congress refused to fully fund US-Mexico Border wall and attempts to repeal ACA were unsuccessful.

AGREE 3.2

Also limits presidential influence on legislation as cannot be a member of executive and legislature like the UK which reduced patronage power and party discipline

Obama resigned as senator when becoming president.

Separation of powers only limits the president’s power effectively under a divided government.

When the same party controls both executive and congress branch it is easier to pass through legislation.

Obama passed the Affordable Care Act during his first two years under unified Democratic control, but faced legislative gridlock after Republicans took the House in 2010, blocking reforms on immigration, gun control, and climate change.