Presidential Power: Can One Person Change Laws?

The President of the United States has a lot of power, but can they change the law by themselves? The short answer is no. The US Constitution has a set of checks and balances to ensure that no one branch of the government becomes too powerful. While the President can issue executive orders, these cannot override federal laws and statutes. So, while the President can give orders to the federal government, they must be within the scope of the executive branch's constitutional authority and not violate any federal laws.

The president cannot make laws alone

The President of the United States cannot make laws alone. The US Constitution has a set of checks and balances to ensure that no one branch of the government is more powerful than another. The President can veto a bill, but Congress can override this veto with a two-thirds majority in both the House of Representatives and the Senate. Congress can also pass bills without the President's signature if they are voted on when the President is not in session. This is called a "pocket veto" and cannot be overridden.

The President can issue 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 or create new ones; they can only direct federal agencies on how to implement existing statutes. For example, an executive order can direct the Department of Justice to prioritize or deprioritize prosecuting certain drug cases, but it cannot make a drug legal or illegal.

The idea for a bill can come from a sitting member of the Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee, researched, discussed, and amended before being put to a vote. If it passes one body of Congress, it goes through the same process in the other body. If it passes both, the two versions must be reconciled, and then both chambers vote on the same version. If it passes, it is presented to the President, who may sign it into law or veto it.

The president can veto a bill

The President of the United States can veto a bill passed by Congress to prevent it from becoming a law. The presidential veto power was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula. The veto was referred to as a "revisionary power" during the Constitutional Convention, and it is not an absolute veto. This means that it has limits, such as the ability of Congress to override a veto with a two-thirds vote of both chambers.

If the president does not approve of a bill, they may choose not to sign it and return it unsigned within ten days, excluding Sundays, to the house of the United States Congress in which it originated, while Congress is in session. The president must state their objections to the bill in writing, and Congress is required to consider them. This procedure is called a pocket veto, and it can only occur after a session of Congress has adjourned. It cannot be overridden by Congress.

In addition to the ability to veto an entire bill, some state governors have additional veto powers, including line-item, amendatory, and reduction vetoes. For example, in 2009, Senators Russ Feingold and John McCain introduced legislation for a limited version of the line-item veto, which would give the president the power to withdraw earmarks in new bills by sending them back to Congress without the line-item vetoed earmark.

The president can issue executive orders

The President of the United States can issue executive orders, which are written directives that order the government to take specific actions to ensure "the laws be faithfully executed". Executive orders are numbered sequentially by the Office of the Federal Register (OFR) and published in the daily Federal Register.

Executive orders have been used by presidents to address a range of policy areas, from immigration to public education. For example, Franklin Delano Roosevelt issued an executive order to integrate the shipyards and other military contractors, and Harry Truman signed an order to integrate the military.

Executive orders cannot override federal laws and statutes, and they must be supported by the Constitution. Congress can also pass legislation to overturn an executive order, although the president can veto this decision. A court can also hold an executive order to be unlawful if it violates the Constitution or a federal statute.

Executive orders remain in force until they are cancelled, revoked, or expire, and a new president typically reviews in-force executive orders in their first few weeks in office.

Congress controls taxation, spending, and war powers

The US President does not have the power to change laws by themselves. The US Constitution divides power between Congress and the President. While the President can issue executive orders, these are subject to legal and constitutional constraints.

The Spending Clause, also part of Article I, Section 8, is one of Congress's most important powers. It allows Congress to pursue broad policy objectives by offering federal funds to recipients who agree to honor certain conditions. The Supreme Court has upheld the legitimacy of this practice, provided that the acceptance of funding conditions is knowing and voluntary. Congress can also incentivize state governments to adopt federal policy goals by withholding federal funds if states do not meet certain conditions. However, in National Federation of Independent Business v. Sebelius (2012), the Supreme Court ruled that Congress could not withhold all federal Medicaid funds from states that did not expand their Medicaid programs, as this was an unconstitutionally coercive use of Congress's spending power.

Congress's power to tax and spend has been a source of debate since the inception of the federal government. Alexander Hamilton argued for a broad interpretation of Congress's taxing and spending powers, while James Madison contended that the phrase "general Welfare" in the Taxing Clause was limited by the specific grants of authority in the rest of Section 8. In United States v. Butler (1936), the Supreme Court sided with Hamilton, establishing that Congress can use the Taxing Clause independently. However, the Court has also articulated restrictions on the spending power, such as ensuring voluntary acceptance of funding conditions and preventing coercion.

The president can nominate and appoint officials

The President of the United States has the power to nominate and appoint public officials. This power is granted by the Appointments Clause of the United States Constitution, which outlines the appointment process. Firstly, the President nominates an official, then the Senate conducts its confirmation process, and finally, the President appoints and commissions the appointee.

The Senate must confirm certain principal officers, including ambassadors, Cabinet secretaries, and federal judges. However, Congress may by law invest the appointment of "inferior" officers to the President alone, courts of law, or heads of departments. These "inferior" officers include district court clerks, federal supervisors of elections, and an independent counsel appointed under the Ethics in Government Act of 1978.

The President has plenary power to nominate political appointees, and the Senate's role is advisory to the nomination. The President is not obligated to appoint their own nominee, even with the Senate's advice. This process reinforces the Constitution's structure for the separation of powers.

The number of votes required to end debate on a presidential nomination and bring it to a vote has changed over time. Before 2013, a minority of senators could filibuster and block a vote unless three-fifths of the senators voted to end the debate. Now, a simple majority is sufficient to end the debate, except for nominations to the Supreme Court, which can still be blocked by a filibuster.

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