5.3 Presidential Powers and Constraints
5 min read•july 30, 2024
Latin American presidents wield substantial power through constitutional authority and informal influence. They can initiate laws, issue decrees, and shape policy agendas. However, their power isn't absolute. They face constraints from other branches, independent institutions, and public opinion.
The balance between presidential power and constraints is crucial for democratic governance. While strong executives can drive change, unchecked authority risks authoritarianism. Understanding this dynamic is key to grasping Latin American political systems and their challenges.
Presidential Power in Latin America
Formal Powers Granted by Constitutions
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- Latin American presidents have substantial formal powers granted by their national constitutions
- Legislative powers allow presidents to initiate legislation and set the legislative agenda, giving them significant influence over the policymaking process
- Decree authority enables presidents to issue decrees with the force of law, allowing them to bypass the legislative process on certain issues (emergency decrees, budgetary decrees)
- Veto power allows presidents to block legislation passed by congress, often requiring a supermajority to override
- Appointment powers give presidents control over naming cabinet members, judges, and other key government officials, shaping the executive branch
Informal Powers and Influence
- Presidents can use their position as head of state to set the national agenda, rally public support, and pressure congress through the "bully pulpit"
- Delivering speeches, holding press conferences, and using media appearances to communicate directly with the public
- Presidents often negotiate directly with legislators, interest groups, and other stakeholders behind the scenes
- Building coalitions, trading favors, and securing support for their initiatives through personal diplomacy and political bargaining
- Control over state resources and patronage networks can be leveraged to reward allies and punish opponents
- Allocating funds, contracts, and appointments to maintain loyalty and discipline within the president's party or coalition
Constraints on Presidential Authority
Constitutional Checks and Balances
- Presidential powers in Latin America are constrained by the separation of powers system
- Legislative branch can override vetoes, conduct investigations, and impeach the president for misconduct or abuse of power
- Judicial branch can rule on the constitutionality of presidential actions, striking down decrees or that violate the law
- Constitutions outline the specific powers granted to the president and place limits on their authority
- Restricting certain types of decrees, requiring legislative approval for key decisions (international treaties, war declarations)
- Federal systems in some countries disperse power to state and local governments, limiting the reach of the national executive (Brazil, Mexico, Argentina)
Institutional and Legal Constraints
- Independent institutions constrain presidential influence in their respective domains
- Central banks set monetary policy and control currency stability (Brazil's Central Bank, Mexico's Bank of Mexico)
- Electoral tribunals oversee elections and certify results (Brazil's Superior Electoral Court, Mexico's Federal Electoral Tribunal)
- Anti-corruption agencies investigate misconduct and sanction public officials (Brazil's Office of the Comptroller General)
- Term limits restrict how long presidents can serve, usually to one or two consecutive terms
- Some leaders have sought to amend or circumvent these limits (Evo Morales in Bolivia, Alberto Fujimori in Peru)
- Judicial decisions and international commitments create legal boundaries for presidential action
- Inter-American Court of Human Rights rulings, international treaty obligations
Public Opinion and Presidential Decisions
Approval Ratings and Political Capital
- Public approval ratings can bolster or undermine a president's political capital
- High approval provides leverage to advance the president's agenda and withstand opposition
- Low approval erodes the president's mandate and empowers challengers inside and outside their party
- Presidents use polls and focus groups to gauge public sentiment on key issues
- Calibrating messaging and policy positions to align with popular preferences and avoid backlash
Media Coverage and Perception Management
- The media plays a crucial role in shaping public perceptions of the president and their policies
- Positive coverage boosts popularity and credibility, while negative coverage damages reputation and support
- Presidents seek to manage their media image
- Holding press conferences and interviews to control the narrative and respond to criticism
- Using social media for direct communication with followers and to counter unfavorable stories
- Investigative reporting can expose presidential scandals or policy failures
- Peru's Odebrecht corruption scandal implicated multiple former presidents
Social Movements and Mass Protests
- Organized protests and social movements can pressure presidents to address issues or change unpopular policies
- Indigenous protests in Ecuador forced President Moreno to cancel austerity measures in 2019
- Mass demonstrations and strikes can destabilize governments and force presidents to resign
- Protests in Bolivia led to Evo Morales' resignation in 2019
- Chile's 2019-2020 protests compelled President Piñera to agree to a constitutional referendum
Judiciary vs Presidential Power
Judicial Review of Executive Actions
- Constitutional courts and supreme courts can review the legality and constitutionality of presidential actions
- Invalidating executive orders, decrees, and directives that violate the constitution or laws
- Defining the limits of presidential power in relation to other branches and fundamental rights
- Judges can issue injunctions to block implementation of presidential policies pending
- Argentina's Supreme Court suspended President Macri's gas rate hikes in 2016
- Landmark court cases have challenged presidential overreach and reaffirmed constitutional limits
- Brazil's Supreme Court blocked President Bolsonaro's attempt to transfer indigenous land demarcation to the Agriculture Ministry in 2019
Importance of Judicial Independence
- Independence and impartiality of the judiciary is crucial for effectively checking presidential authority
- Resisting political pressure, ruling based on the law and evidence
- Presidents have sometimes sought to influence courts through appointments, intimidation or manipulation
- Packing courts with loyalists, pressuring judges to rule in the president's favor
- Weakening judicial independence can lead to impunity for presidential abuses and erosion of the rule of law
- Strong judiciaries act as a bulwark against excessive
- Colombia's Constitutional Court banned President Uribe from seeking a third term in 2010
- Brazil's courts have authorized investigations into multiple presidents for corruption (Lula, Temer, Bolsonaro)
Key Terms to Review (18)
Article 127: Article 127 refers to a provision in the Mexican Constitution that outlines the powers and constraints of the president concerning budgetary matters. It establishes the authority of the president to submit a budget to Congress, but also emphasizes that Congress has the power to review, modify, and approve the budget, highlighting the checks and balances inherent in the Mexican political system.
Article 85: Article 85 refers to a specific provision in the constitutional framework of certain Latin American countries that outlines the powers and limitations of the president regarding the administration of government. This article plays a crucial role in defining executive authority, including the president's capacity to legislate by decree under specific circumstances, thereby shaping the dynamics of presidential power and its constraints within the broader political system.
Civil-military relations: Civil-military relations refers to the dynamics and interactions between civilian political authorities and the military establishment. This concept encompasses the degree of military autonomy, the influence of the military on political decisions, and how civilians oversee military activities. Understanding these relations is crucial for examining the balance of power in governance, particularly how military forces can impact both internal security and state policies.
Coalition Government: A coalition government is a political arrangement where multiple political parties come together to form a majority in the legislature, typically because no single party has achieved an outright majority. This type of government allows for more diverse representation and can lead to compromises on policies, as different parties must negotiate their agendas to maintain the coalition's stability and functionality.
Constitutional crisis: A constitutional crisis occurs when the constitution of a state is violated or becomes ineffective, leading to uncertainty about the legitimacy of governmental authority or the legal processes within the state. This situation often arises from conflicts between different branches of government, ambiguous constitutional provisions, or failure to adhere to established laws, creating a power struggle that can threaten democratic governance.
Coup d'état: A coup d'état is the sudden and illegal seizure of government power, typically executed by a small group that may include military leaders or political factions. This act often disrupts the existing political order and can lead to significant changes in governance, including the concentration of power in the hands of a few. In many cases, coups are driven by dissatisfaction with the current administration, a desire for reform, or even external influences, and they can significantly impact democratic institutions and norms.
Decree Power: Decree power refers to the authority granted to a president or executive leader to issue laws or regulations without the need for legislative approval. This power is often utilized in situations where swift action is necessary, allowing leaders to bypass traditional legislative processes and enact policies quickly in response to urgent needs or emergencies.
Executive Orders: Executive orders are directives issued by the President of the United States to manage the operations of the federal government. These orders have the force of law, allowing the president to implement policies and enforce existing laws without requiring congressional approval. They are a key tool in the exercise of presidential power, but they also come with constraints based on judicial review and legislative oversight.
Hugo Chávez: Hugo Chávez was a Venezuelan politician and military officer who served as the President of Venezuela from 1999 until his death in 2013. He is best known for his implementation of socialist policies, known as 'Chavismo', which aimed to reduce poverty and promote social welfare, while also fostering a confrontational relationship with the United States and advocating for Latin American integration.
Impeachment: Impeachment is a formal process by which a sitting president or other high-ranking official can be charged with misconduct and potentially removed from office. This process involves both the legislative and executive branches, highlighting the balance of power in government. Impeachment not only serves as a mechanism for accountability but also illustrates the constraints placed on presidential authority and the dynamic between these two branches of government.
Judicial review: Judicial review is the power of courts to assess whether a law, policy, or executive action is in accordance with the constitution. This process allows courts to invalidate laws or actions that conflict with constitutional principles, serving as a crucial mechanism for upholding the rule of law and protecting individual rights. It plays a significant role in shaping institutional design and influencing the balance of powers within a political system.
Legislative oversight: Legislative oversight refers to the process by which a legislative body reviews, monitors, and supervises the activities and decisions of the executive branch. This function is crucial as it helps ensure accountability and transparency in governance, allowing legislators to evaluate how laws are implemented and whether policies align with the public's interests. Effective oversight acts as a check on executive power, reinforcing the balance of power within government structures.
Lula da Silva: Lula da Silva is a Brazilian politician and former union leader who served as the 35th President of Brazil from 2003 to 2010. His presidency is notable for significant social and economic reforms aimed at reducing poverty and promoting social inclusion, while also facing challenges related to corruption and political opposition.
Military Dictatorship: A military dictatorship is a form of government in which the military controls the political power, often suspending civil rights and political freedoms, to maintain order and enforce its authority. This type of regime typically arises in contexts of political instability, where military leaders justify their rule as a means to restore order and promote national security, often leading to bureaucratic authoritarianism and influencing the trajectory of democratization efforts.
Parliamentary Systems: Parliamentary systems are a form of government where the executive branch derives its legitimacy from the legislature (parliament) and is directly accountable to it. In this setup, the prime minister, who leads the executive branch, is typically a member of the legislature and is selected by fellow members, which fosters a close relationship between the legislative and executive branches. This connection has significant implications for the distribution of powers and constraints faced by political leaders.
Party discipline: Party discipline refers to the practice where members of a political party align their voting and public actions with the party's official positions and directives. This concept is crucial in ensuring that party members support the leadership and policies, particularly when it comes to passing legislation or maintaining a unified front in political debates. Strong party discipline can enhance a party's ability to enact its agenda and maintain control over its members, while weak discipline may lead to fragmentation and conflicting interests within the party.
Presidentialism: Presidentialism is a political system where the president serves as both the head of state and head of government, typically elected separately from the legislative body. This system often features a strong executive authority, allowing the president significant powers and autonomy in governance, which shapes the dynamics between the executive and legislative branches, influences presidential authority, and affects coalition-building strategies within political institutions.
Recall referendum: A recall referendum is a political process through which voters can remove an elected official from office before the end of their term. This mechanism allows citizens to hold their leaders accountable by enabling them to petition for a vote to determine whether the official should be removed. Recall referendums reflect the dynamics of popular sovereignty and direct democracy, emphasizing the power of voters in the political system.