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Running head: CONGRESS AND CONTEMPORARY PRESIDENTS 1

Congress, Contemporary Presidents, and Expansion of Powers in the United States

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CONGRESS AND CONTEMPORARY PRESIDENTS 2

Congress, Contemporary Presidents, and Expansion of Powers in the United States

Historians argue that the founders of the American constitution comprised merchants

who were looking for ways to safeguard personal interests by promoting trade and protecting

their assets from state legislatures. Moreover, the constitution was created to mitigate what

they considered threat from “extreme democracy” of the federal and state leaderships as

provided for by the Articles of Confederation (Ginsberg, Lowi, Weir, Tolbert, & Spitzer,

2017:52). The need to limit the powers of federal government let to the establishment of

different branches, which were assigned distinct duties. Today, the American constitution

outlines the powers accorded to judiciary, Congress, and executive. At the beginning,

Congress which comprised representatives of different constituents enjoyed most powers.

However, over the time, it has delegated a lot of responsibilities to the executive.

Additionally, presidents have used institutional and political resources to grow their powers

to limit congressional influence.

The American constitution has granted Congress legislative and non-legislative

powers. This arm of government is responsible for formulating national policies and

overseeing their implementation (Module 7, Lecture 2, 2018:9). One should acknowledge

that the members of Congress belong mainly to the two major political parties in the country.

Therefore, they make sure that they consider not only the interests of their constituents but

also political parties as they formulate laws. It is the duty of Congress to make sure that

executive agencies enforce laws accordingly to meet their intended goals (Ginsberg, et. al.

2017:495). The founders of the constitution knew that granting executive excessive control

would result in misuse of powers. Presidents have the authority to veto laws originating from

Congress. Nevertheless, the constitution gives Congress the power to override presidential

veto for the interest of the public. Additionally, it has a duty to control spending by allocating

financial resources to different government projects and institutions.


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The failure by presidents, their deputies, and other state officials to discharge their

duties in line with the constitution may warrant their remove from office. The American

Constitution has bestowed Congress the power to impeach state officials on grounds of

corruption treachery, bad behavior, and other high crimes. The objective of giving Congress

impeachment powers was to prevent the likelihood of the rise of a tyrannical executive. At

least two-thirds of the members of the Senate must vote in favor of impeachment to remove

president from office. In American history, only 20 impeachment proceedings have ended

with the targeted parties losing their positions (Ginsberg, et. al. 2017:497). Partisan politics

in Both the House of Representative and Senate are the main reasons most impeachment

campaigns do not succeed.

The non-legislative powers of Congress include advice and consent. As per

Constitution, presidents must seek counsel from Congress before signing treaties with foreign

countries. The objective is to ensure that any accord between foreign powers and American

presidents benefits the country. Additionally, presidential appointees, particularly federal

judges and ambassadors cannot assume offices without the approval of Congress (Ginsberg,

et. al. 2017:496). It helps to ensure that the head of the executive does not appoint cronies to

high positions. Congress leverages its powers to endorse or snub presidential appointments to

influence president, particularly when it wants them to pay attention to members’ demands.

Many presidents fear reprisal from Congress, specifically when negotiating deals with foreign

powers. Consequently, instead of signing treaties, they prefer to enter into executive

agreements, as these are immune to Senate approval. This does not imply that that these kinds

of accords lock out Congress completely, giving presidents freedom to implement them as

they wish. Congress may control president’s realization of the goals of executive orders by

declining to fund their implementation.


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In spite of separation of powers, modern presidents have come up with measures to

increase their control by leveraging institutional and political resources at their disposal.

Presently, presidents use popular mobilization and administrative techniques to challenge

congressional supremacy. Contemporary presidents understand that it is difficult for

Congress to oppose agenda or programs that have received immense public support (Module

8, Lecture 3, 2018:25). Consequently, they use different medial to appeal to Americans

anytime that they wish to introduce new projects or policies that might not auger well with

Congress. Since the era of President Roosevelt, American leaders have used radio, websites,

Facebook, podcasts, and Twitter to market their policies to the public (Module 8, lecture 1,

2018:18). This enables them to reach millions of Americans and rally their support, therefore

compelling Congress to comply with public views.

One of the administrative approaches that modern presidents use to challenge

congressional influence is expanding the functions of the Executive Office of the President

(EOP). In 1939, American president worked with six administrative assistants who assisted

the White House to discharge its duties. Today, the White House constitutes of hundreds of

workers who report to the president. Moreover, there are over 2500 personnel who serve in

different units within the Executive Office. This number of employees allows presidents to

collect information, interact with citizens, organize programs, and oversee the operations of

executive branch.

Separation of powers was meant to promote checks and balances amid the different

arms of government. The founders of the constitution acknowledged that giving absolute

control to a single branch would impede the realization of efficient governance. The frequent

stalemate between Congress and executive is a signal that there is a need to restore balance of

powers between these two critical arms of government. In the future, it is imperative to

review the functions of the different offices within the executive. Allowing executive to
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oversight its operations can encourage dishonesty in the office of the president. The congress

should regain its oversight powers to ensure that there is integrity and accountability in

executive. There is also a need to reduce the number of employees working under the White

House. It will facilitate redirection of some control and duties to other arms of government,

thus reducing the likelihood of presidents amassing powers.

In conclusion, American constitution emphasized distribution of powers amid

different arms of government for ease of governance. Initially, Congress was given the most

powers, as it comprised representative for various constituencies. Today, this arm of

government has delegated a lot of its powers to the executive. In addition, successive

presidents have taken advantage of existing institutional and political resources to expand

their control. They have used popular mobilization to rally public support, thereby

challenging congressional dominance. Moreover, executive has endeavored to increase the

number of employees in the White House to facilitate information gathering and supervision

of state agencies. Currently, United States experiences cases of impasse between Congress

and the executive, which result in government shut down. These challenges highlight the

need for rebalancing powers between presidents and Congress. The executive should not be

allowed to oversight itself, as this might promote dishonesty.


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References

Ginsberg, B., Lowi, T. J., Weir, M., Tolbert, C. J., & Spitzer, R. J. (2017) We the People: An

Introduction to American Politics (11th ed.). New York, NY: W. W. Norton &

Company.

Module 7, Lecture 2. (2018). Congress (2): Legislation. Introduction to American

Government.

Module 8, Lecture 1. (2018). The Presidency: Powers and Resources. Introduction to

American Government.

Module 8, Lecture 3. (2018). The Modern President and the Public: A Twin-edged Sword.

Introduction to American Government.

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