US Presidency
The presidency is the single executive of the federal government, established by Article II of the Constitution.
Before you start
Make sure you're comfortable with these topics first:
Method
- Split presidential power into formal, constitutional powers under Article II (commander-in-chief, appointments with Senate consent, treaty-making with Senate ratification, veto, pardon) and informal powers that have grown through practice (executive orders, executive agreements, signing statements, going public).
- Learn the difference between an executive order (a directive managing the executive branch, which can be challenged in court and reversed by a successor) and an executive agreement (an international agreement that does not require Senate ratification, unlike a treaty).
- Learn what the cabinet is and is not: it is nominated by the president and confirmed by the Senate, but it has no constitutional role, meets relatively rarely as a body, and its influence is frequently exceeded by the president's own White House staff.
- Learn the specific limits Congress places on the presidency (confirmation of nominees, the power of the purse, oversight hearings, veto override by two-thirds of both chambers, impeachment) separately from the limits the courts impose (judicial review of executive orders and actions, e.g. Youngstown Sheet & Tube Co v Sawyer, 1952, which limited a president's emergency powers).
- For an 'imperial presidency' style question, weigh evidence of unchecked presidential growth (expanding use of executive orders, executive agreements bypassing the Senate, war powers exercised without a formal declaration of war) against evidence of real constraint (courts striking down executive actions, Congress withholding funding or confirmation, divided government blocking the president's agenda).
- Always specify whether a power is being exercised unilaterally (needs no other branch's agreement, e.g. an executive order) or jointly (needs another branch, e.g. a treaty needing Senate ratification), since this distinction is central to most presidential power questions.
Worked example
Assess the extent to which informal powers, rather than the formal powers set out in Article II, are now the main source of presidential influence.
- Define both terms precisely: formal powers are those written into Article II (veto, commander-in-chief, treaty-making, appointments, pardon); informal powers are practices that have grown up around the office (executive orders, executive agreements, signing statements, going public/the bully pulpit).
- Build the case for informal powers being dominant: executive orders let a president act unilaterally without needing Congress at all, and their use has grown as legislative gridlock has made passing new laws harder; executive agreements let presidents make binding international commitments without the two-thirds Senate hurdle a treaty requires.
- Build the case for formal powers remaining central: the veto (and the mere threat of one) still shapes what Congress is willing to pass in the first place, and the Senate's power to reject nominations or refuse to ratify a treaty is a formal check that no informal power can bypass.
- Add a qualifying point: informal powers such as executive orders are themselves constrained by the formal structure, since courts can strike them down as unconstitutional and a successor president can simply revoke them, so they are a weaker and more reversible form of power than a formal, especially a ratified, action.
- Reach a conclusion: informal powers have grown as a practical response to the difficulty of achieving formal, cross-branch agreement, but they are more fragile and reversible than formal powers, so their prominence reflects legislative gridlock as much as it reflects presidential strength.
Practice questions
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Q1Which article of the Constitution establishes the presidency?Show answer
Answer: Article II.
Q2Name one formal power of the president that requires the Senate's agreement to complete.Show answer
Answer: Appointing federal officials or judges (needs Senate confirmation), or negotiating a treaty (needs two-thirds Senate ratification).
Q3What is an executive order?Show answer
Answer: A directive issued by the president that manages operations of the federal government, without needing congressional approval, though it can be challenged in court or reversed by a later president.
Q4How does an executive agreement differ from a treaty?Show answer
Answer: An executive agreement is a deal with a foreign government that does not require Senate ratification, unlike a treaty, which needs approval by two-thirds of the Senate.
Q5Is the cabinet set out in the Constitution?Show answer
Answer: No, the cabinet is a creation of political practice, not the Constitution, and has an advisory role only.
Q6Name one Supreme Court case in which the Court limited a president's use of emergency power.Show answer
Answer: Youngstown Sheet & Tube Co v Sawyer (1952), which ruled that President Truman could not seize steel mills without congressional authorisation.
Q7What is the 'bully pulpit'?Show answer
Answer: The president's use of their high public profile to build public pressure and support for their policy agenda.
Exam-style questions
Written in the style of a A Level Politics exam paper, with a full mark scheme.
Explain and analyse three ways in which Congress or the courts can limit presidential power.
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Assess the extent to which informal powers, rather than the formal powers set out in Article II, are now the main source of presidential influence.
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See real A Level Politics past-paper questions, with official mark schemes →
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