example of Congress rejecting and accepting a presidential nomination
analysis - partisan, separation of powers, judicial legitimacy
2016, senate blocked Obamas appointment of Merrick Garland - Republicans justified by saying there be no appointments on an election year
Amy Coney Barrett rapidly confirmed in 2020 weeks before the presidential election
- the principle in 2016 was abandoned in 2020 as it no longer benefited the party, suggests behaviour is driven by party advantage not constitutional consistency
-congress did not act as an independent check on the executive rather an extension when controlled by the same party
-cemented a 6-3 conservative majority undermining publics trust in the courts independence and neutrality
example of president bypassing declaration of war
Bush invasion of Afghanistan 2001, and Iraq 2003
congress failed to enforce enumerated power of declaring war, even though Bush notified congress due to the war powers act of 1974 it did not limit his military action arguably resulting in the growth of an imperial president
Powers exclusive to the House of representatives and examples
Impeachment - putting an official on trial if there is evidence of ‘Treason, Bribery, or other high crimes and Misdemeanors.’ A2 section 4 e.g Trump in 2019 and 2021 - incitement of insurrection. showed clear separation of powers and acting as a check on the president, however both were acquitted by the senate - weakness as they cant produce consequences
initiate revenue bills, but must be accepted by the senate.
congressional attempt to override presidential veto
January 2026 the House failed to override the two vetoes Trump enacted on bipartisan bills (which were passed unanimously in both chambers at first)
made congress look weak - as party loyalty to president outweighed bipartisan agreement
however override threshold is very high requiring 2/3 showing structural limits on congressional power
this allows the presidents agenda to often prevail
