Congressional Power: Can They Checkmate Presidential Actions?

The US Constitution states that the function of making laws is exclusive to Congress, and the Executive cannot exercise that function to any degree. However, there are fields that are common to both Congress and the Executive, in which the Executive may act until Congress has legislated on the issue. Congress can enact a law that reverses the President's actions, provided it has the constitutional authority to do so. For a bill to become law, it must be passed by both chambers of Congress and then signed by the President within ten days. If the President does not sign or veto the bill within this time frame, it becomes law without their signature. A successful override of a presidential veto is rare.

Congress can create laws to reverse presidential action, provided it has the constitutional authority to do so

Congress can enact a law that reverses what the president has done, provided Congress has the constitutional authority to legislate on the issue. A court can hold that an executive order is unlawful if it violates the Constitution or a federal statute. Any future president can issue a new executive order that rescinds or amends the earlier executive order.

Once both chambers of Congress have each agreed to a bill, it is enrolled and then presented to the President. The President has ten days, excluding Sundays, to sign or veto the bill. If the bill is signed in that ten-day period, it becomes law. If the president declines to either sign or veto it, then it becomes law without his signature (except when Congress has adjourned under certain circumstances).

A successful override of a presidential veto is rare. Bills that are ultimately enacted are delivered to the Office of the Federal Register at the National Archives, assigned a public law number, and included in the next edition of the United State Statutes at Large.

The Executive may act on things and people in ways that haven't been regulated by Congress

The function of making laws is the responsibility of Congress, and the Executive cannot exercise that function to any degree. However, this does not mean that the Executive cannot act on things and people in ways that haven't been regulated by Congress.

The Executive may act upon things and people in many ways that have not been regulated by Congress. In other words, there are fields that are common to both Congress and the Executive, in the sense that the Executive may move within them until they are occupied by legislative action. For example, the Executive can issue executive orders, which are directives issued by the President to manage operations of the federal government. While some executive orders are mundane, such as declaring a federal holiday, others have been among the most important actions taken by the US government.

Congress can enact a law that reverses what the President has done, provided Congress has the constitutional authority to legislate on the issue. A court can also hold that an executive order is unlawful if it violates the Constitution or a federal statute. Furthermore, any future President can issue a new executive order that rescinds or amends an earlier executive order.

It is important to note that the President is the active agent of the Nation, not Congress. This means that there are fields within which the lawmaking power may enter and dominate whenever it chooses.

A court can hold an executive order unlawful if it violates the Constitution or a federal statute

Congress can create laws against presidential action, provided they have 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.

Congress is the law-making body, and the Executive cannot exercise that function. However, there are fields common to both Congress and the Executive, in which the Executive may act until Congress has occupied the field with legislation.

Congress can override a presidential veto, although this is rare. Once both chambers of Congress have agreed to a bill, it is prepared in its final form and presented to the President, who has ten days to sign or veto it. If the President does not act on the bill within the ten-day period, it becomes law without their signature.

Presidents have wide-ranging discretion on how to enforce particular laws.

A bill becomes law if both chambers of Congress agree and the President signs it within ten days

Congress has the function of making laws, and the Executive cannot exercise that function to any degree. However, there are fields that are common to both Congress and the Executive, in the sense that the Executive may move within them until they are occupied by legislative action.

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

Once both chambers of Congress have agreed to a bill, it is enrolled and presented to the President. The President then has ten days, excluding Sundays, to sign or veto the bill. If the bill is signed within this period, it becomes law. If the President does not act on the bill in any way, it becomes law without their signature (except when Congress has adjourned under certain circumstances).

A bill can also become law if both chambers of Congress vote to override the President's veto. However, a successful override of a presidential veto is rare.

A bill can also become law if the President does not act on it within ten days

The function of making laws is peculiar to Congress, and the Executive cannot exercise that function to any degree. However, there are fields which are common to both Congress and the Executive, in the sense that the Executive may move within them until they shall have been occupied by legislative action. Congress can enact a law that reverses what the president has done, provided Congress has the constitutional authority to legislate on the issue. A court can hold that an executive order is unlawful if it violates the Constitution or a federal statute.

Once both chambers of Congress have each agreed to the bill, it is enrolled – that is, prepared in its final official form and then presented to the President. Beginning at midnight on the closing of the day of presentment, the President has ten days, excluding Sundays, to sign or veto the bill. If the bill is signed in that ten-day period, it becomes law. If the president declines to either sign or veto it – that is, he does not act on it in any way – then it becomes law without his signature (except when Congress has adjourned under certain circumstances).

Bills that are ultimately enacted are delivered to the Office of the Federal Register at the National Archives, assigned a public law number, and included in the next edition of the United State Statutes at Large.

Frequently asked questions