Executive Power: Can Presidents Pass Laws?

While the president has executive power over the government, they cannot make laws. The president can, however, make suggestions about things that should be new laws. They can also approve and sign a bill into law or refuse to approve a bill, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. Executive orders are another way the president can indirectly influence laws. They are written directives signed by the president that order the government to take specific actions to ensure the laws be faithfully executed. However, executive orders cannot override federal laws and statutes and must be rooted in the president's powers as outlined in the Constitution or in a law passed by Congress.

Presidents cannot make laws

While the US president has executive power over the government, they cannot make laws. The president can, however, make suggestions about things that should be new laws. The president can also approve and sign a bill into law or refuse to approve a bill by vetoing it. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. If the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto and cannot be overridden by Congress.

Executive orders are another way presidents can indirectly influence laws. Executive orders are written directives, signed by the president, that order the government to take specific actions to ensure "the laws be faithfully executed". While executive orders cannot override federal laws and statutes, they can be used to declare a new policy priority or implement a certain rule. For example, Abraham Lincoln used an executive order to address slavery during the Civil War, and Franklin Delano Roosevelt issued an executive order to integrate the shipyards and other military contractors.

However, executive orders cannot be used to sidestep the system of checks and balances or to take over powers from other branches of government. Federal courts can be called on to review an executive order's lawfulness and determine whether it is a valid exercise of the president's power. If an executive order contradicts or violates the Constitution, federal laws, or Americans' fundamental rights, it can be struck down by the courts.

Presidents can veto bills

While a president cannot make laws, they do have the power to veto bills. This means that they can refuse to approve a bill, which prevents it from becoming law. The president has ten days, excluding Sundays, to veto a bill after it has been presented to them. If they do not veto or sign the bill within this period, it automatically becomes law.

However, the president's power to veto a bill is not absolute. If the president chooses to veto a bill, Congress can attempt to override the veto. To do this, two-thirds of the members of both chambers of Congress must vote in favour of overriding the veto. If this happens, the bill becomes law despite the president's veto.

The president's ability to veto bills is an important check on the power of Congress. It allows the president to prevent bills that they believe are not in the best interest of the country from becoming law. At the same time, the ability of Congress to override a veto ensures that the president cannot unilaterally block laws from being passed.

The veto power is just one of the tools that a president can use to influence policy and govern effectively. They can also use executive orders, which are written directives ordering the government to take specific actions within the scope of the executive branch's constitutional authority. However, executive orders cannot override federal laws and statutes, and they are subject to judicial review to ensure they do not violate the Constitution or federal law.

Presidents can sign bills into law

While the president does not have the power to make laws, they play a crucial role in the legislative process by signing bills into law. The president's authority to sign bills into law is a significant aspect of their executive power. Once a bill has passed through both chambers of Congress, it is presented to the president for consideration. The president has the option to approve the bill and sign it into law or to veto it.

When the president signs a bill, it becomes an official law. This act of signing a bill into law is a fundamental part of the president's responsibility to "take care that the laws be faithfully executed," as outlined in Article II of the Constitution. The president's signature on a bill signifies their approval and sets the stage for its implementation and enforcement.

It is important to note that the president's power to sign bills into law is not without checks and balances. In certain circumstances, such as when Congress has adjourned, a bill may become law without the president's signature. Additionally, if the president vetoes a bill, Congress has the power to override the veto and pass the bill into law with a two-thirds majority vote in both chambers. This process underscores the separation of powers and the system of checks and balances inherent in the US government.

While the president cannot unilaterally make laws, they can propose and suggest new laws. This is often done through the use of executive orders, which direct the government to take specific actions within the scope of the executive branch's constitutional authority. However, executive orders cannot override federal laws and statutes, and they must be rooted in the president's constitutional powers or laws passed by Congress. The courts also play a crucial role in reviewing the lawfulness of executive orders and ensuring they do not violate the Constitution, federal laws, or Americans' fundamental rights.

Presidents can make suggestions about new laws

While the president does not have the power to make laws, they can make suggestions about things that should be new laws. This is one of the many avenues available to the president to exercise their political will.

A bill must be passed by both chambers of Congress and then presented to the president to be considered. The president can then approve the bill and sign it into law, or they can refuse to approve it by vetoing it. If the president chooses to veto a bill, Congress can override the veto, and the bill becomes a law. However, if the president does not sign off on 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 by Congress.

The president can also 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. Executive orders cannot override federal laws and statutes and must be rooted in one of the president's powers as outlined in the Constitution or in a law passed by Congress. They are subject to judicial review, and federal courts can strike them down if they are found to be unlawful or unconstitutional. While executive orders cannot be used to sidestep constitutional checks and balances, they can be an effective way to carry out policy within the rule of law.

Additionally, the president has the power to make treaties with the approval of the Senate, enforce the laws passed by Congress, and act as Commander-in-Chief during a war. They can also call out troops to protect the nation against an attack, grant pardons, and nominate Cabinet members, Supreme Court Justices, and other high officials.

Presidents can issue executive orders

While the president cannot make laws, they can issue executive orders. An executive order is a written directive, signed by the president, that orders the government to take specific actions to ensure "the laws be faithfully executed". It could mean, for example, telling the Department of Education to implement a certain rule or declaring a new policy priority.

Executive orders cannot override federal laws and statutes. They must be rooted in one of the president's powers as outlined in the Constitution or in a law passed by Congress. Federal courts can be called on to review an order's lawfulness and determine whether it is a valid exercise of the president's power. If an executive order is deemed to contradict or violate the Constitution, federal laws, or Americans' fundamental rights, it will be struck down by the courts.

Executive orders cannot be used to sidestep the checks and balances put in place by the Constitution to ensure that no one branch of the government is more powerful than the other. For example, the president cannot use an executive order to take on powers vested in Congress, such as the power to pass new statutes.

Every single 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 the US government has ever taken. For example, Abraham Lincoln used an executive order to address slavery during the Civil War, and Franklin Delano Roosevelt issued an executive order to integrate the shipyards and other military contractors.

Frequently asked questions