Transcription
Hey everybody, welcome back. So it turns out that the president maybe isn't as powerful as we pretend. Smash that like button and let's talk it out. [Music]
Exam loves to focus on battles between Congress and the president, and that's what this topic is basically all about. The appointment process is a great example of this. There are all sorts of jobs in the executive and judicial branches that the president nominates somebody for, and then it's up to the Senate to confirm them. Specifically, the Constitution says that the president nominates and, with the advice and consent of the Senate, appoints people to jobs.
George Washington tried that whole advice-consent thing exactly one time, over the Jay Treaty. He didn't like the advice and said, "Okay, never mind, I'm just here for your consent." Ever since then, it's more of just a yes-no thing from the Senate. So we commonly say the Senate has confirmation powers, though you could see the exam refer to it as advice and consent. Senate confirmation can easily lead to conflict for the president, especially when there's divided government, depending on who he chooses to appoint to positions. Examples of jobs the president nominates and the Senate confirms include cabinet secretaries and ambassadors to other countries. Additionally, some positions within the Executive Office of the President are subject to Senate confirmation, though most are not. The executive office comprises the offices and agencies that support the work of the president, including the White House office, which is the staff that works directly for the president in the West Wing, including his closest advisors. And these are not subject to Senate confirmation.
Big picture: Senate confirmation means conflict; no Senate confirmation means the president can choose whoever he wishes. We haven't talked about courts yet, but the way that all federal judges get their jobs is that they are nominated by the president and confirmed by the Senate. Supreme Court Justices, as well as lower court judges of the district court and appellate court levels, all receive their jobs this way.
Supreme Court nominations are often among the most contentious events of an entire presidency because they represent his longest-lasting influence. This is because federal judges serve for life, so the decision doesn't just influence a few months or years; they might be on the court for the next 30 or 40 years. And there's only nine of them, so these jobs don't come available very often. So presidents want to make sure that they nominate somebody they vibe with ideologically. And if the Senate is from the opposite party of the president, and especially if it's towards the end of the president's term, they may try to block a nomination if they don't like the president's nominee.
Shifting gears: at times, presidents find themselves in conflict with the Congressional agenda, which refers to the formal list of policies Congress is considering at the time. This is happening with increasing frequency as we experience more party polarization and episodes of divided government, as we've discussed. At times, this can lead to the president using executive orders and directives to the bureaucracy to try to address the president's agenda items. A recent example you may be familiar with was Joe Biden's student loan forgiveness plan. It was a major campaign promise of his, but after the election, it became quickly clear that there was no way Congress was going to do it. So in 2022, Biden directed the Department of Education to just do it without new legislation specifically authorizing the action or the spending. And that actually leads to another check on presidents: their actions and executive orders can be ruled unconstitutional. In 2023, the Supreme Court struck down Biden's actions, ruling that they did not comply with federal law.
All right, well, that's it for this one. Until next time, this has been a Money Production. Thanks again for watching; I appreciate it. And make sure you subscribe, ring the bell, and button smash on your way over to the ultimate review packet with everything you need to ace your class and the AP exam. And I will see you in the next video.