Presidential Powers: Can They Override The Constitution?

The Constitution of the United States grants the President the power to execute national laws, but not the power to unilaterally declare a properly enacted law unconstitutional. While the President can issue executive orders to direct federal agencies on how to implement a statute, they cannot override federal laws and statutes. The power to declare a law unconstitutional lies with the judicial branch, which includes the Supreme Court. The legislative branch, which includes Congress, makes laws, and the President can veto these laws. However, the legislative branch can override the President's veto with enough votes. This system of checks and balances ensures that no one branch of the government holds more power than the others.

The President's role

The President's power to execute the laws also includes the responsibility to defend those laws before the courts. This means that the President is bound by their oath of office to uphold and defend the laws passed by Congress, even if they disagree with them. In rare cases, a President may make an unprecedented decision to declare a federal law unconstitutional, as President Obama did, which can be seen as an abdication of their responsibility to uphold and defend that law.

It is important to note that the President's power is balanced by the other branches of government, including the legislative and judicial branches. The legislative branch, or Congress, has the power to make laws and can override a Presidential veto with enough votes. The judicial branch, through the federal courts, can review executive orders and determine their constitutionality, restraining or compelling presidential actions as necessary. This system of checks and balances ensures that no one branch, including the President, has more power than the other and protects against abuses of power.

Executive orders

A president's authority to issue an executive order typically comes from a congressional statute, but presidents have sometimes justified orders based on their constitutional power to execute the nation's laws. This has been a matter of dispute, with some arguing that the Constitution only empowers the president to execute policies devised by Congress. As a result, orders based on inherent presidential powers not authorised by Congress are more likely to raise concerns about the separation of powers. In these cases, courts must determine whether the president has exercised legislative power belonging only to Congress.

Courts can strike down executive orders if the president lacked the authority to issue them or if they are found to be unconstitutional in substance. Federal courts have jurisdiction over civil suits arising under the Constitution, federal law, and treaties, but they have held that executive orders not authorised by Congress are not "federal law" for these purposes.

Every US president from George Washington to Donald Trump has issued executive orders. While some are mundane, such as declaring a federal holiday, others have been among the most important actions taken by the US government. For example, Abraham Lincoln's Emancipation Proclamation, which addressed slavery during the Civil War, was an executive order.

Judicial review

The President of the United States is the head of state and head of government, but the power to declare a law unconstitutional does not lie with the President. The Constitution of the United States grants the President the power to execute national laws, but not to unilaterally declare a properly enacted law unconstitutional. The legislative branch makes laws, and the judicial branch can declare those laws unconstitutional.

The President can issue executive orders, which are written directives signed by the President that order the government to take specific actions to ensure "the laws be faithfully executed". However, these orders cannot override federal laws and statutes. While the President can use an executive order to tell federal agencies how to implement a statute, they cannot write a new statute or take over powers from other branches, such as the power vested in Congress to pass new statutes or in the courts to invalidate certain laws as unconstitutional.

Executive orders have frequently come before federal courts in the context of attempts to invalidate them or halt their enforcement. Courts may strike down executive orders on the grounds that the President lacked the authority to issue them or that the order is found to be unconstitutional in substance. For example, in Ex parte Merryman (1861), Chief Justice Roger Taney held that Abraham Lincoln's order to suspend the writ of habeas corpus rested exclusively with Congress and was therefore unconstitutional.

In summary, while the President has significant powers, including the ability to issue executive orders, the power to declare a law unconstitutional rests with the judicial branch, not the President.

Powers of Congress

The US Constitution, which came into effect on March 4, 1789, gives Congress control over areas such as taxation, spending, and certain war powers. Congress can declare a law, and the president cannot write a new statute or declare a law unconstitutional. The Constitution has a set of checks and balances to ensure that no branch of the government is more powerful than another.

Congress can pass a bill, and the president can use their veto power to block it. However, Congress can override the veto with a two-thirds vote in both chambers. If the president does not approve of a bill, they must return it unsigned to the US Congress within ten days, excluding Sundays. The president must also state their objections to the bill in writing, and Congress must consider them. If Congress still approves the bill, it is sent to the other chamber, and if approved again by two-thirds, it becomes law.

The Supreme Court has clarified the two functions of the Constitution's veto provisions. Firstly, they ensure the president has enough time to consider the bills presented. Secondly, they safeguard the president's opportunity to object by preventing bills from becoming law if Congress adjourns before the ten days elapse. This is called a pocket veto. In such cases, the president can prevent a bill from becoming law by not signing it. Congress cannot override this veto but must reintroduce the bill and enact it again.

Congress can also enact a law that reverses a presidential action, provided it has the constitutional authority to legislate on the issue. A court can hold an executive order unlawful if it violates the Constitution or a federal statute.

Separation of powers

The US Constitution establishes a system of separation of powers, dividing the government into three branches: the legislative, the executive, and the judicial. Each branch has distinct powers and responsibilities, serving as a check on the others to prevent the concentration of power in a single entity.

The legislative branch, comprising the House of Representatives and the Senate, is responsible for making laws. The executive branch, led by the President, is tasked with executing and enforcing those laws. The President can issue executive orders, which direct federal agencies on how to implement statutes, but these orders cannot create new laws or override existing ones. The judicial branch, headed by the Supreme Court, interprets the laws and determines their constitutionality.

While the President is responsible for executing and enforcing laws, they cannot declare a law unconstitutional. The power to determine the constitutionality of laws lies with the judicial branch. The President's role is to uphold and defend the laws passed by the legislative branch, even if they disagree with them. If a President believes a law is unconstitutional, they can work with Congress to enact a new law or amend the existing one, but they cannot unilaterally overturn a law.

The separation of powers ensures that no single branch of government holds excessive power. Each branch serves as a check on the others, promoting a balanced and democratic system of governance. This system allows for a division of responsibilities, preventing any one branch from dominating the others and protecting against the abuse of power.

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