
The US system does not allow citizens to bypass Congress laws. However, citizens can petition Congress to enact specified federal laws by passing resolutions to be transmitted to the House and Senate as memorials. They can also petition Congress members to recommend a new or amended law. When Congress passes a law, there is a lot of room for interpretation and enforcement. The Executive then gets to interpret the law as they see fit.
Characteristics | Values |
---|---|
Citizen groups' right to petition | Guaranteed by the First Amendment to the Constitution |
Citizen groups' right to transmit proposals | Citizen groups can transmit their proposals to a Member of Congress |
Citizen groups' right to recommend new or amended laws | Citizen groups can recommend new or amended laws to a member of Congress that represents them |
What You'll Learn
The right to petition Congress
It is not possible for citizens to bypass US Congress laws. However, the First Amendment to the Constitution guarantees the right to petition Congress. This means that citizens, either as individuals or through citizen groups, can transmit their proposals to a Member of Congress. If the Member is favourably impressed by the idea, they may introduce the proposal in the form in which it has been submitted or may redraft it. A Member may also consult with the Legislative Counsel of the House or the Senate to frame the ideas in suitable legislative language and form.
When someone talks about bypassing Congress, they mean the president exercising their judgment within the boundaries that the Congress has set. For example, the president can issue an executive order, but this is only instructions on how to carry out enforcing current laws, not making new ones.
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The Executive's interpretation of laws
Citizens cannot bypass US Congress laws. However, they can petition their Member of Congress to propose a new law or amendment. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on.
The Executive can interpret laws within the boundaries set by Congress. The President and the Attorney General, subject to the President's supervision and control, provide authoritative interpretations of law for the executive branch. Their opinions on questions of law are controlling on all employees in the conduct of their official duties.
In 2025, President Trump signed an executive order declaring that only the Attorney General or the President, instead of federal regulators or bureaucrats, can speak for the US when interpreting the meaning of laws carried out by the executive branch. This order was said to "reestablish a long-standing norm" in the US.
The Supreme Court's embrace of intellectual challenges to the traditional interpretive framework in the early 1940s and its corresponding deviation from the traditional canons have been central to modern American public law. Judicial deference to executive statutory interpretation is now commonly associated with the Supreme Court's decision in Chevron v. Natural Resources Defense Council.
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Citizen groups' recommendations to Congress
While citizens cannot bypass US Congress laws, they can petition their proposals to a member of Congress. This is guaranteed by the First Amendment to the Constitution. Citizen groups can also recommend new or amended laws to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on.
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The President's judgement within boundaries set by Congress
The President cannot bypass Congress to make legislation without congressional approval. However, when Congress passes a law, it leaves room for interpretation and enforcement. This means that the President can exercise their judgement within the boundaries set by Congress. For example, the Environmental Protection Agency (EPA) defined CO2 as a pollutant under the Clean Air Act.
Citizens can petition Congress to enact specified federal laws by passing resolutions to the House and Senate. These proposals can then be introduced by a Member of Congress in the form in which they were submitted or redrafted. Citizen groups can also recommend new or amended laws to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on.
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Executive orders
In the US, citizens cannot bypass Congress laws. However, they can petition their Member of Congress to recommend a new or amended law. This is guaranteed by the First Amendment to the Constitution. State legislatures can also 'memorialize' Congress to enact specified federal laws.
When it comes to executive orders, the President can issue these to instruct how to enforce current laws, but they cannot be used to make new laws. The Executive can interpret laws passed by Congress as they see fit. For example, the EPA defined CO2 as a pollutant under the Clean Air Act.
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Frequently asked questions
No, citizens cannot bypass US Congress laws. However, they can petition their Member of Congress to recommend a new or amended law.
Citizens can avail themselves of the right to petition and transmit their proposals to their Member of Congress. The right to petition is guaranteed by the First Amendment to the Constitution.
No, the President cannot bypass Congress to make legislation without Congressional approval. However, they can issue an executive order, which provides instructions on how to carry out enforcing current laws.