Presidents: Can They Make Laws Eternal?

While the US president has the power to issue executive orders, which are written directives that have the same effect as federal laws, they cannot make laws permanent. Executive orders are issued by the president to manage operations of the federal government and remain in force until cancelled, revoked, adjudicated unlawful, or expired. They are not explicitly defined in the Constitution and rest on historical precedent, executive interpretations, and court decisions. While Congress cannot directly revoke an executive order, it can pass legislation that invalidates it or remove its funding. The US Constitution grants the president broad executive and enforcement authority to determine how to enforce the law or manage the resources and staff of the federal government's executive branch.

Executive orders

The format, substance, and documentation of executive orders have varied throughout history, but today they follow a strict documentation system. The White House issues the order first, then it is published in the Federal Register, the official journal of the federal government. They are also recorded under Title 3 of the U.S. Code of Federal Regulations, which is a codification of the permanent rules issued by the executive branch. Executive orders are numbered consecutively, so they can be referenced by their assigned number or their topic.

At any time, the president may revoke, modify, or make exceptions to any executive order, whether made by the current president or a predecessor.

Treaties and bills

Treaties

The US Constitution grants the President the power to make treaties with the approval of the Senate. Specifically, Article II, Section 2 states that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur". The President is the final actor in expressing the United States' assent to be bound to a treaty. However, additional action by Congress may be necessary to implement the treaty into domestic law. Treaties with the advice and consent of the Senate are ratified by the President, who signs an instrument of ratification and arranges for its deposit or exchange.

In recent decades, Presidents have increasingly entered into "executive agreements" with foreign nations without seeking the advice and consent of the Senate. These executive agreements are still binding under international law but do not receive the same level of domestic recognition as treaties.

The Constitution does not specify a procedure for terminating treaties, and there is debate over whether this power rests with the President or the Legislative Branch. Some commentators argue that if the Senate conditions its advice and consent on requiring Legislative Branch approval for termination, the President would be bound by that condition.

Bills

The President does not have the power to make laws or bills. However, the President can veto bills passed by Congress, preventing them from becoming law. Conversely, the President's approval is required for a bill to become law. This is one of the key checks and balances built into the US political system.

While the President cannot make laws, they do have the power to issue executive orders, which are written policy directives with the force of federal law. Executive orders do not require Congressional approval and cannot be directly overturned by Congress. However, Congress can pass new laws or withhold funding to effectively negate an executive order.

In summary, while the President plays a key role in the treaty-making process and can influence legislation through veto power and executive orders, they cannot unilaterally make a law or treaty permanent.

Vetoing bills

While the US president can issue executive orders, which have the same effect as federal law under certain circumstances, they cannot make laws permanent. Executive orders are written policy directives issued by the president and are especially powerful tools as they do not require approval from Congress. However, Congress can pass a new law to override an executive order.

The US president can veto bills passed by Congress to prevent them from becoming law. The term "veto" refers to the president's power to block a bill passed by Congress. Once a bill is presented to the president, they have ten days (excluding Sundays) to decide on a course of action. They can either sign the bill into law or veto it by returning it to Congress with a statement of objections. If the president vetoes a bill, Congress can reconsider it, and if both houses of Congress vote to pass the law again with a two-thirds majority, they can override the president's veto.

Throughout history, several US presidents have exercised their veto power on various bills. For example, President Harding vetoed the Soldiers' Adjusted Compensation Act, arguing that the country could not afford the cost during the postwar recession. Similarly, President Coolidge vetoed the McNary-Haugen Farm Relief Bill as he believed its cost was too high. Franklin D. Roosevelt vetoed more bills than any other president in history, and Grover Cleveland vetoed more bills per term.

Enforcing laws

The US Constitution gives the president the power to enforce laws passed by Congress. The president is also the Commander-in-Chief of the US Army and Navy and has broad powers in areas such as control and operation of the federal government, federal agencies, and in foreign affairs.

The president can issue executive orders, which are written policy directives with the same power as federal law. They are not defined in the Constitution but are based on historical practice, executive interpretations, and court decisions. Executive orders are not legislation and do not require approval from Congress. They are, however, subject to judicial review and may be overturned if they lack support by statute or the Constitution.

Executive orders remain in force until they are cancelled, revoked, adjudicated unlawful, or expire. The president may revoke, modify, or make exceptions to any executive order at any time, including those made by predecessors. A new president typically reviews in-force executive orders in their first few weeks in office.

Congress can pass a new law to override an executive order, but only if it was enacted "pursuant to powers delegated to the President" by Congress. Congress can also refuse to provide funding for an executive order, making it difficult or impossible to carry out.

While the president can enforce laws, they cannot make laws. This power lies with Congress, which can override a presidential veto with a vote. However, if the president vetoes a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, known as a pocket veto, which cannot be overridden.

Suggesting new laws

While the president can enforce the laws passed by Congress, they cannot make laws themselves. However, the president can make suggestions about things that should be new laws. One of the most powerful tools available to the president is an executive order, which is a written policy directive issued by the president with much of the same power as federal law. Executive orders are not legislation and do not require approval from Congress. They are, however, published in the Federal Register, the official journal of the federal government, and are also catalogued by the National Archives as official documents.

Executive orders have the same effect as a federal law under certain circumstances, but Congress can pass a new law to override an executive order. In some cases, the courts have stepped in to decide cases where presidential executive orders have been challenged. For example, in the landmark Youngstown case, the Supreme Court struck down an executive order issued by President Harry Truman in 1952, which attempted to seize control of the steel mills during a labour dispute in the midst of the Korean War.

A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. In the Senate, a Senator usually introduces a bill or resolution by presenting it to one of the clerks at the Presiding Officer's desk, without commenting on it from the floor of the Senate. After hearings are completed, the subcommittee considers the bill in a session that is popularly known as the "markup" session. The views of both sides are studied in detail, and at the conclusion of deliberation, a vote is taken to determine the action of the subcommittee. The bill is then put before that chamber to be voted on. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law.

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