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Paper 3 US · 2022 · 30 marks
Evaluate the view that the power of the President has grown at the expense of Congress.
Legislature
Mark scheme: agreement
AO1: The President has the power to pass executive orders AO2: This effectively gives the president legislative powers independent of Congress, as they have no power to reject or amend such orders AO3: Furthermore, executive orders can only be challenged by the Supreme Court on constitutional grounds, so can only be overturned if they are ruled unconstitutional AO1: The President has influence over the Supreme Court as they are responsible for nominating new justices AO2: Presidential appointments can influence decisions long beyond a president’s term in office because Supreme Court justices are appointed for life AO3: This means that president may be considered the most powerful branch as the justices are generally chosen based on previous decisions that align with a president’s ideas and policies and so appointments can influence decisions long beyond a president’s term in office AO1: The President has more power and influence over foreign policy than the other branches AO2: The constitutional role of Commander-in- Chief gives the president informal and formal roles in foreign policy that the other branches may be reluctant to challenge, particularly if there is popular support for a presidential policy related to foreign affairs AO3: This, combined with the presidential power to make treaties and executive agreements, gives the president significant power in the area of foreign policy AO1: The President has the power to veto legislation proposed by Congress AO2: This means the president can effectively prevent legislation being passed, as it is difficult to find a strong enough consensus in Congress to overturn a presidential veto AO3: This, combined with the power to pass executive orders, gives the president significant power over the formation of legislation, as congressional leaders will have to consider the likelihood of a presidential veto when drafting and debating proposals
Mark scheme: disagreement
AO1: Congress may be more powerful than the president as they still retain control over the legislative process AO2: All legislation must be proposed within Congress, and although the president will propose a legislative agenda through the State of the Union address, they rely on the support of Congress to introduce proposals AO3: Congress also has the ultimate final say over legislation as if a president vetoes legislation, a vote can be taken to overturn the veto if a 2/3 majority can be achieved AO1: Congress also retains control over the budget AO2: This means that the president is reliant on Congress to allocate funding to any projects or executive orders that they have proposed or passed AO3: Without Congressional support, presidential programmes may be impossible to achieve, especially if the president’s party is not in control of Congress AO1: The Supreme Court is not always dominated by the presidential influence of nominating appointments AO2: This is because the Supreme Court is independent of political influence once appointed, and cannot be overruled by presidents AO3: This means that the Supreme Court is largely able to make decisions free of presidential influence AO1: The Supreme Court may be considered to have more significant constitutional powers than the president as it is perceived as the natural guardian of the Constitution AO2: This role has evolved over time with the development of judicial review as the Supreme Court is considered more neutral than the politically-motivated president, who must rely on the support of Congress and the states to make constitutional changes AO3: This means that the decisions of the Supreme Court may be perceived as more valid, particularly as amending the
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