Checks on the Presidency

Susan Lewis
8 min read
Listen to this study note
Study Guide Overview
This study guide covers checks and balances on the presidency, focusing on the Senate's confirmation power over executive appointments (Cabinet members, ambassadors, federal judges) and its impact on the president's legacy, particularly judicial appointments. It explores potential conflicts arising from ideological differences and controversial nominees, using illustrative examples of foreign policy and legislative battles. The guide also includes practice questions and exam tips covering key concepts like checks and balances, the Senate confirmation process, and judicial appointments.
Checks on the Presidency: A Deep Dive ๐ง
Hey there, future AP Gov rockstar! Let's break down those crucial checks and balances on the presidency. Remember, this is all about keeping power in check, so let's dive in!
This section is super important, as checks and balances are a core theme in AP Gov. Expect to see these concepts in both multiple-choice and free-response questions!
Executive Appointments and Senate Confirmation
The president gets to pick people for important jobs, but it's not a free-for-all! The Senate has to say "yes" (or "no") to many of these appointments. This is a key check on presidential power. Think of it like a hiring process where the Senate is the final interview panel.
Key Appointments Requiring Senate Approval
- Cabinet Members: These are the heads of the 15 executive departments (like the Department of Education or Defense). They're the president's top advisors and managers.
- Ambassadors: These are the folks who represent the U.S. in other countries. They're crucial for diplomacy and international relations.
- Federal Judges: This includes Supreme Court Justices and judges in lower federal courts. These are lifetime appointments, making them super impactful.
The Senate's "advice and consent" power is a major check on the president's ability to shape the executive and judicial branches.
Caption: The Senate confirmation process is a crucial check on the president's appointment powers.
Potential Conflicts
- Ideological Differences: If the Senate and the president are from different parties, confirmations can get messy. The Senate might reject nominees who don't align with their views.
- Controversial Nominees: If a nominee has a problematic past or unpopular views, the Senate might block their appointment.
Remember that the level of conflict can vary depending on the specific nominee and the political climate at the time. Some confirmations are smooth, while others turn into major battles!
Presidentโs Legacy: The Judicial Department
The president's appointments to the judiciary are a HUGE deal! These are lifetime appointments, meaning their impact lasts long after the president leaves office.
- Shaping the Courts: Presidents can use judicial appointments to shift the ideology of the federal courts. This can have major consequences for legal precedent and the direction of the country.
Caption: The judicial appointments are often seen as one of the most important legacies of a presidency.
Think of judicial appointments as the president's long-term legacy. They're like planting a tree that will grow and shape the landscape for decades to come.
Illustrative Examples
Let's look at some real-world examples to see these checks and balances in action.
Foreign Policy Conflicts
- Vietnam, Iraq, Kosovo, Libya, and Syria: These are all examples where the president and Congress have clashed over military action. The Senate can limit the president's ability to engage in conflict through the power of the purse (funding) and the War Powers Act.
The War Powers Act is a key example of Congress checking the president's power as Commander-in-Chief.
Legislative Battles
- No Child Left Behind Act (2001): This act shows how the president can push for a policy agenda, even when facing opposition in the Senate. It highlights the back-and-forth between the executive and legislative branches.
Caption: 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.
Judicial Appointments: Successes and Failures
- Sandra Day OโConnor and Thurgood Marshall: These successful appointments demonstrate the president's power to shape the judiciary and promote diversity.
Caption: Sandra Day OโConnor and Thurgood Marshall were both appointed to the Supreme Court by President Reagan and confirmed by the Senate.
- Robert Bork, John Tower, and Abe Fortas: These failed appointments show that the Senate can and will reject nominees who don't meet their standards. It's a crucial check on the president's power.
Don't forget that the Senate's power to reject presidential appointments is a real and important check. It's not just a formality!
Final Exam Focus
Okay, future AP Gov champs, let's talk strategy for the exam! Here's what you absolutely need to nail:
- Checks and Balances: Understand how each branch of government can limit the power of the others. This is a recurring theme in the AP exam.
- Senate Confirmation Process: Know the details of how the Senate approves presidential appointments and the potential for conflict.
- Judicial Appointments: Recognize the long-term impact of judicial appointments and the president's legacy.
- Real-World Examples: Be prepared to use specific examples (like the ones we discussed) to illustrate your points in essays.
Last-Minute Tips
- Time Management: Don't spend too long on any one question. Keep moving and come back if you have time.
- Read Carefully: Pay close attention to the wording of questions, especially in the FRQs.
- Use Specific Evidence: Back up your arguments with concrete examples from the course material.
- Stay Calm: You've got this! Take a deep breath and trust your preparation.
When writing FRQs, make sure to directly address all parts of the question. Use clear, concise language and provide specific evidence to support your claims. Always refer back to the question in your conclusion.
Practice Questions
Okay, let's put your knowledge to the test with some practice questions!
Practice Question
Multiple Choice Questions
-
Which of the following is an example of a check on the president's power as commander-in-chief? (A) The president's power to issue executive orders (B) The Senate's power to declare war (C) The Supreme Court's power of judicial review (D) The president's power to appoint ambassadors
-
The Senate's power to confirm presidential appointments is an example of: (A) Checks and balances (B) Separation of powers (C) Federalism (D) Judicial review
-
A president's longest lasting influence is often through: (A) The appointment of cabinet members (B) The passage of legislation (C) The appointment of federal judges (D) The issuance of executive orders
Free Response Question
Explain how the Senate's confirmation power serves as a check on the president's power. In your response, be sure to:
- Define the Senate's confirmation power.
- Describe how the Senate's confirmation power can lead to conflict between the executive and legislative branches.
- Provide examples of both successful and failed presidential appointments.
Scoring Guidelines
- Definition of Senate confirmation power (1 point): The Senate's power to approve or reject presidential appointments, including cabinet members, ambassadors, and federal judges.
- Description of potential conflict (2 points):
- Explanation of how ideological differences between the president and the Senate can lead to conflict.
- Explanation of how controversial nominees can be rejected by the Senate.
- Examples of successful and failed appointments (2 points):
- One point for identifying a successful appointment (e.g., Sandra Day OโConnor, Thurgood Marshall).
- One point for identifying a failed appointment (e.g., Robert Bork, John Tower, Abe Fortas).

How are we doing?
Give us your feedback and let us know how we can improve
Question 1 of 10
๐ Which of these presidential appointments requires a thumbs-up from the Senate?
White House Chief of Staff
Cabinet Member
Press Secretary
National Security Advisor