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AP US Government
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Table of Contents
Unit 2 Overview: Interactions Among Branches of Government
2.1 Congress: The Senate and the House of Representatives
2.2 Structures, Powers, and Functions of Congress
2.3 Congressional Behavior
2.4 Roles and Power of the President
2.5 Checks on the Presidency
2.6 Expansion of Presidential Power
2.7 Presidential Communication
2.8 The Judicial Branch
2.9 Legitimacy of the Judicial Branch
2.10 The Court in Action
2.11 Checks on the Judicial Branch
2.12 The Bureaucracy
2.13 Discretionary and Rule-Making Authority
2.14 Holding the Bureaucracy Accountable
2.15 Policy and the Branches of Government

👩🏾‍⚖️ap us government review

2.5 Checks on the Presidency

Verified for the 2025 AP US Government exam•Last Updated on March 3, 2025

As you know by now, checks and balances are a huge theme in AP US Government and Politics. It is essential that you understand these in detail before you enter the exam session! In this section, we will discuss some checks on the Presidency. ✅

Executive Appointments and Senate Confirmation

The president has the power to appoint people to several positions, including cabinet members, ambassadors, and judges, all of which are subject to Senate approval. 

The potential for conflict between the executive branch and the Senate can vary depending on the type of appointment being made. The Senate has the constitutional responsibility of providing "advice and consent" on certain presidential appointments, including: 🤫

  • Cabinet members: Cabinet members are the president's top advisors and are responsible for managing the various departments and agencies within the executive branch. Confirmations for cabinet positions can sometimes be contentious, particularly if the nominee has a controversial background or if the Senate and the president have different political ideologies.
  • Ambassadors: Ambassadors are responsible for representing the United States in foreign countries and for managing diplomatic relations. Confirmations for ambassadorships can also be contentious, particularly if the nominee is seen as having a political agenda that is out of step with the Senate's views.
  • White House staff: White House staff members are responsible for providing support and assistance to the president. Confirmations for these positions are generally less contentious than cabinet or ambassador confirmations, but they can still lead to conflict if the nominee is seen as unqualified or if the president and the Senate have different political ideologies.
Source: ShareAmerica

In general, the potential for conflict between the executive branch and the Senate depends on the individual nominee and the political dynamics of the time. Confirmations can sometimes be smooth and straightforward, but they can also lead to heated debates and partisan battles. It is important for the president and the Senate to work together to ensure that key appointments are made in a timely and effective manner, and to minimize the potential for conflict and gridlock. 

President’s Legacy: The Judicial Department

The Senate confirmation process is a crucial check on the president's appointment powers, as it provides the Senate with the opportunity to scrutinize and approve or reject the president's nominees for key positions within the federal government. This process helps to ensure that the president's appointments are qualified and that they align with the Senate's views on key issues.

However, while the Senate confirmation process provides an important check on the president's appointment powers, the president's longest lasting influence lies in their ability to make lifetime appointments to the judiciary. Judges serve on the federal bench for life, and they play a critical role in interpreting the law and upholding the Constitution. This means that a president's appointments to the judiciary can have a lasting impact on the direction of the country, even long after the president has left office.

Source: BallotPedia News

For this reason, judicial appointments are often seen as one of the most important legacies of a presidency. Presidents can use their appointments to shape the ideology of the federal judiciary, and to ensure that the courts are aligned with their political views. This can have significant consequences for the nation, as the judiciary often makes decisions that affect the lives of millions of people, and those decisions can set legal precedent for decades to come.  

We will discuss some more specifics around the judicial nomination process in the later sections of this guide.

Illustrative Examples

Conflicts in Vietnam, Iraq, Kosovo, Libya, and Syria

These conflicts illustrate the challenges that can arise when a president and the Senate have different views on foreign policy and military action. In some cases, the Senate may seek to block a president's efforts to engage in military action, while in other cases, the Senate may support the president's efforts. These conflicts can lead to intense debates and political battles, and they highlight the important role that the Senate plays in shaping foreign policy and military strategy. 💥

No Child Left Behind Act (2001)

The No Child Left Behind Act is an example of a significant legislative initiative that was supported by a president but opposed by many in the Senate. The act sought to hold schools accountable for student performance and to provide additional resources for schools that were struggling to meet standards. 

Source: Vox

Despite opposition from some in the Senate, the act was eventually passed and signed into law, demonstrating the ability of a president to use their powers and influence to advance a policy agenda.

Appointments: Sandra Day O’Connor and Thurgood Marshall

Sandra Day O’Connor and Thurgood Marshall were both appointed to the Supreme Court by President Reagan and confirmed by the Senate. O’Connor was the first woman to serve on the Supreme Court, while Marshall was the first African American to serve on the Court. These appointments demonstrate the president's ability to shape the judiciary and to have a lasting impact on the nation. 👩🏽‍⚖️

Source: SlidePlayer

Failed Appointments: Robert Bork, John Tower, and Abe Fortas

Robert Bork, John Tower, and Abe Fortas were all nominated for high-level positions by Presidents Reagan, Bush, and Johnson, respectively, but their nominations were ultimately defeated in the Senate. These failed nominations illustrate the important role that the Senate plays in providing "advice and consent" on presidential appointments and the potential for conflict and opposition when a president and the Senate have different views.

🎥 Watch: AP GOPO - Checks on Presidential Power

Key Terms to Review (15)

Abe Fortas: Abe Fortas was an Associate Justice of the Supreme Court of the United States, serving from 1965 to 1969. He is known for his role in landmark cases that shaped civil liberties and the balance of power in the context of checks on presidential authority.
Ambassadors: Ambassadors are high-ranking diplomats appointed by a nation to represent its interests and maintain diplomatic relations with another country. They play a crucial role in shaping foreign policy, negotiating treaties, and facilitating communication between governments. The role of ambassadors is closely tied to the checks on the presidency as they operate under the authority of the president but also serve as a bridge to Congress and other political entities.
Cabinet Members: Cabinet members are high-ranking officials appointed by the President to head various departments of the federal government, providing advice and support on matters within their specific areas of expertise. They play a crucial role in implementing the President's policies and ensuring that the executive branch functions effectively. The Cabinet is essential for balancing the power of the presidency, as these members often represent diverse viewpoints and can act as a check on presidential authority.
Conflicts in Vietnam, Iraq, Kosovo, Libya, and Syria: The conflicts in Vietnam, Iraq, Kosovo, Libya, and Syria represent significant military engagements and interventions by the United States and other nations that have shaped global politics and international relations. These conflicts often highlight the complexities of foreign policy, national security interests, and the limits of presidential power in decision-making processes regarding military actions. Each conflict demonstrates the various checks on the presidency, including Congressional authority, public opinion, and international law, which can influence the direction and outcome of military interventions.
Executive Appointments: Executive appointments refer to the authority of the president to nominate individuals to key positions within the federal government, including cabinet members, agency heads, and federal judges. This power allows the president to shape the executive branch and influence policy decisions, but it is also subject to checks by the Senate, which must confirm these appointments.
John Tower: John Tower was a prominent American politician and Republican senator from Texas, who served from 1961 to 1985. He is notable for his role in the Senate as well as for being the first Republican senator from Texas since Reconstruction, marking a significant shift in the state's political landscape. His influence is particularly relevant when examining checks on presidential power, especially regarding Senate confirmation processes for presidential appointments.
Judicial Appointments: Judicial appointments refer to the process by which judges are selected and placed into positions within the judicial system. This process is crucial as it impacts the independence of the judiciary and the interpretation of laws, which in turn acts as a check on the powers of the executive branch. The authority to appoint judges is primarily held by the president, but these appointments require confirmation by the Senate, creating a system of checks and balances essential to the functioning of the government.
No Child Left Behind Act (2001): The No Child Left Behind Act (NCLB) is a federal law aimed at improving educational outcomes for all American students by increasing accountability for schools, teachers, and students. This legislation required states to implement standardized testing to assess student performance and mandated that schools make adequate yearly progress towards achieving academic proficiency for all students, thereby connecting education policy directly to the executive branch's oversight.
President’s Legacy - The Judicial Department: The President’s Legacy in the context of the Judicial Department refers to the long-term impact that a president's appointments, policies, and decisions have on the judiciary and its role within the government. This legacy shapes the interpretation of laws and influences the balance of power among branches, reflecting how presidential actions can resonate beyond their term and affect future legal precedents and societal norms.
President’s Legacy: The Judicial Department: The President’s Legacy in the Judicial Department refers to the lasting impact and influence a president has on the federal judiciary through appointments, judicial philosophies, and landmark rulings during their administration. This legacy shapes how laws are interpreted and enforced long after their term ends, affecting the balance of power between branches of government and the rights of citizens.
Robert Bork: Robert Bork was a prominent legal scholar and judicial nominee known for his controversial nomination to the Supreme Court in 1987, which ultimately failed due to intense political opposition. His nomination became a significant moment in U.S. history, highlighting the contentious nature of judicial appointments and the ideological battles between political parties regarding the judiciary's role in American society.
Sandra Day O’Connor: Sandra Day O'Connor is a prominent American attorney and jurist who made history as the first woman appointed to the Supreme Court of the United States in 1981. Her tenure was marked by her role as a swing vote in many important cases, reflecting her centrist views and emphasizing the importance of judicial restraint and consensus-building.
Senate Confirmation: Senate confirmation is the process by which the United States Senate reviews and approves presidential appointments to various positions, including federal judges, cabinet members, and ambassadors. This procedure serves as a check on the presidency, ensuring that significant appointments are vetted and supported by the legislative branch, reflecting the system of checks and balances inherent in the U.S. government.
Thurgood Marshall: Thurgood Marshall was the first African American Supreme Court Justice, serving from 1967 to 1991. He is best known for his role as a civil rights lawyer, particularly as the lead attorney in the landmark case Brown v. Board of Education, which challenged racial segregation in public schools. His work and judicial philosophy emphasized the importance of equality and justice, making significant impacts on civil rights and the checks that ensure the presidency operates within the bounds of law and morality.
White House Staff: The White House Staff is a group of advisors and support personnel who assist the President of the United States in carrying out their duties. This team includes senior aides, policy advisors, and administrative staff who help manage the day-to-day operations of the presidency, making it an essential component in the executive branch's function. The effectiveness of the White House Staff can significantly influence the President's ability to implement policies and navigate checks from other branches of government.
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Practice QuizGlossary
2.6 Expansion of Presidential Power