This paper analyzes how President Obama adapted his legislative strategy after the 2010 midterm elections shifted Congress to divided party control. It contrasts his first two years of unified Democratic government—when he successfully passed healthcare reform—with the compromises required under divided government. The paper examines key presidential powers including the veto threat, appointment authority, and the bully pulpit, alongside congressional countermeasures. It concludes by reflecting on how the Founders' original vision of separation of powers and checks and balances manifests differently in the era of polarized political parties.
For the past two years, President Obama has enjoyed a unified government in which the House, Senate, and the Presidency were all Democratic. When Obama took office in 2008, he began with huge majorities in both chambers of Congress and the presidency. The government was unified, and he was able to push legislation through without much impediment. A prime example of this is his Health Care Reform. Obama used his ideologically unified legislature to help draft the bill, thereby avoiding many difficulties. Although highly divisive, this reform passed without a single Republican vote in favor. However, the 2010 elections changed everything.
With the Republicans now controlling the House while the Senate and Presidency remained Democratic, the government could not even agree on the budget without threatening a complete shutdown. Obama would have to change his tactics, or the government faced a difficult two years ahead.
Following the 2010 elections, President Obama addressed Congress in his first formal speech thereafter, the State of the Union address. His dialogue showed a marked difference in tone and approach. He called for bringing the parties together by pointing out that the nation needed to work jointly on the recession. He continued by asking whether the parties could find middle ground and work collectively to address the situation in Libya. He compromised by agreeing to leave troops in Afghanistan and even appealed to Republicans by calling for budget cuts to reduce governmental spending.
This speech foreshadowed the work Obama would have to do to keep the government functioning. There would have to be significant give and take—a willingness to trade support for bills—if he was to make his next two years as productive as his first two.
The President possesses many powers, both constitutional and informal. One such power is the ability to veto bills. When the President receives a bill, he can either sign it into law or return it to Congress with his objections—this is a veto. When a President wants to shape policy, he can use the threat of a veto. President Obama employed this threat upon taking office, warning Congress that if they did not provide additional bailout funds, he would exercise his veto power. Although the veto is a constitutional power, there is no formal definition of what a "veto threat" is; however, Presidents regularly use them.
Another power Obama possesses is the power of appointment. The President can ensure that his policies are supported for years to come by appointing Supreme Court Justices. Since a Supreme Court Justice serves for life, the President can appoint an ideologically like-minded individual to the bench, thus increasing the likelihood that his philosophies will be upheld by the Court. Obama appointed two justices to the bench, both liberal in judicial philosophy.
Although Obama faced bipartisanship, he could also use it to his advantage by playing the divide. Essentially, Obama could create pressure by trying to bring established Republicans to the side of more moderate Democrats, making them "meet in the middle." He accomplished this by balancing Democratic support with centrist votes. This occurred in 1996 when President Clinton passed his Health Care Reform Bill. Although the bill was more conservative than Clinton would have preferred, he moved toward the middle and was able to get it passed.
Another strategy available to the President is the bully pulpit. The bully pulpit is used by the Presidency when the President wants to inspire or promote a particular agenda. The term is employed whenever the President seeks to push a platform forward. In today's media-filled world, the President gives hundreds of speeches over the course of his term. When he wants to bring something to the attention of the American people, he uses this "bully pulpit" to do so. This means that if the President favors something a legislator wants, he can leverage his public platform to negotiate: "I'll support your initiative if you support mine." The media attention given to a President is substantial, and Obama receives even more attention because of his charisma. When the President speaks, the world listens.
"How Congress responds and uses its own strategic advantages"
"Modern polarization versus original constitutional design"
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