President Relationship with Other Institutions

Political Studies: Edexcel A Level, topic 14.2.1

The president is separate from Congress and the Supreme Court, and both institutions act as checks on the power of the president.

The president cannot be a member of Congress because of the separation of powers, which states the president must have no formal link to Congress.
The relationship between Congress and the president depends on which party controls Congress.
If there is a unified government, where the House of Representatives and Senate are controlled by the same party as the presidency, then better relations are more likely.
In a divided government, the president will find it more difficult to pass their legislation through Congress.

A president can use powers which bypass Congress if they cannot pass legislation.
In 2014 Obama used an executive order to grant certain undocumented immigrants 'deferred action' status.
National events can affect the president’s relationship with Congress, as Congress may grant the president greater discretion in times of emergency.
Presidential approval among voters affects the relationship with Congress; lower approval ratings may encourage greater congressional opposition.

The president checks the Supreme Court's power through nominating its justices.
The president nominates justices to the Supreme Court when a vacancy arises.
This gives the president influence over the ideological balance of the Supreme Court.
The president may support or criticise Supreme Court decisions.
If the president is popular, their response to decisions may influence public perceptions of legitimacy.

The Supreme Court can rule a president’s actions unconstitutional.
In 2004, the Supreme Court ruled against President George W. Bush by granting Guantanamo Bay detainees access to US courts to challenge their detention.

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