This document discusses various checks on presidential power in the US system of government. It outlines both formal checks found in the Constitution, such as Congress's powers to make laws, declare war, and impeach the president. It also discusses informal checks like public opinion, the media, partisan politics. The document then focuses on debates around Congress's power to declare war and limitations placed by the War Powers Resolution of 1973.

1. Limits to the President’s
Power

2. Pre Class: What Keeps a
President from Becoming A
President
Dictator? Dictators
“I’m not a dictator. I’m the
President.” - March
1, 2013

3. Formal Checks on the Prez’s
Power

4. FORMAL Checks on
Presidential Power
0 Found in Article I – CONGRESS has the power to:
0 Make laws
0 Impeach
0 Override Presidential veto
0 Declare war
0 Power of the purse – SPEND the govt’s $$$$$
0 Found in Article II (Executive Branch)
0 Senate approves appointments
0 Senate approves Treaties
0 President must deliver a State of the Union

5. FORMAL Checks on
Presidential Power
0 Found in Article III
0 Judicial review – can declare executive actions
unconstitutional
0 Chief Justice of Supreme Court presides over
Presidential impeachment trial

6. Constitutional Amendments Limiting
Presidential Power:
0 12th – Choosing President & Vice-President on
separate ballots
0 20th – “lame duck”; moved up date of Presidential
inauguration
0 22nd – Presidential term limits (2 terms; 10 years
total)
0 25th – Presidential disability and succession
0 Pres. or VP & majority of cabinet informs
Congress of Pres. Disability
0 VP, Speaker, President pro tempore of
Senate, Secretary of State

7. Informal Checks on the Prez’s
Power

8. Public Opinion
0 The ultimate check of public
opinion is at the ballot box.
Informally, White House staffs
and independent news agencies
poll Americans regarding the
President’s job
performance, stand on
issues, etc. which often forces
presidents to change course in
policy.

9. The Media
The press influence public
opinion by choosing what
stories to cover, reporting the
facts, and expressing
opinions.

10. Partisan Politics
0 The opposition party
scrutinizes and criticizes
the policies and
decisions of a president
and his administration.

11. Essential Question
Should the President be able to wage war without
Congress’ approval?

12. Congress Fights Back:
War Powers Resolution
(1973)
• President can send troops into
action when authorized by Congress
or in case of "a national emergency
created by attack upon the United
States, its territories or
possessions, or its armed forces.”
• Prez must notify Congress within 48
hours of troops to military action
• Troops cannot be committed more
than 60 days, with a further 30 day Nixon VETOED. It passed anyway
because Congress used its 2/3rds
withdrawal period, without an override.
authorization of the use of military
force or a declaration of war.

13. Obama and Congress Fight
over Libya
'The Congress shall have power ...
To declare war.'
Article I, Section 8
'The president shall be
commander in chief of the Army
and Navy of the United States.'
Article II, Section 2

14. Did the War Powers Act
legalize war? Or effectively
prevent it?

16. American Experience:
Richard Nixon
0 Mr. Nixon’s War
0 Anti-War Protests