Congressional Power: Can They Repeal Existing Laws?

Congress can override a presidential veto, allowing a bill to become a law. However, Congress cannot reserve the power of removal of an officer charged with the execution of the laws, except by impeachment. The Supreme Court has also admitted that it has distinguished between 'purely' executive officers and officers who exercise quasi-legislative and quasi-judicial powers.

The president's veto power

Congress can override a presidential veto with a two-thirds vote of both chambers, which will allow a bill to become 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. This is called a 'pocket veto' and cannot be overridden by Congress.

The presidential veto power was first conferred by the 1789 Constitution and was first exercised on April 5, 1792, when President George Washington vetoed a bill outlining a new apportionment formula. The veto power continued to be very rarely used until the presidency of Andrew Jackson, who vetoed 12 bills.

The veto power is defined in Article 1, Section 7 of the US Constitution. A "regular" veto is when the president returns a bill to Congress (to the House in which it originated). The Constitution also specifies that if the president does not veto or sign a bill within 10 days (excluding Sundays), it becomes a law. This prevents the president from killing legislation through simple inaction. The exception is if Congress has adjourned before the 10 days are up, thereby preventing a possible return with a veto.

Congress's power to override a veto

Congress can get rid of a law by voting to override a presidential veto. The veto allows the President to "check" the legislature by reviewing acts passed by Congress and blocking measures he finds unconstitutional, unjust, or unwise. However, Congress can override the veto by a two-thirds vote of both chambers.

The power to override a veto is one of the "checks and balances" embedded into the Constitution. The Framers of the Constitution gave the President the power to veto acts of Congress to prevent the legislative branch from becoming too powerful. By separating the powers of government into three branches and creating a system of "checks and balances" between them, the Framers hoped to prevent the misuse or abuse of power.

Congress first overrode a presidential veto on March 3, 1845, during the presidency of John Tyler. 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. This action is called a pocket veto, and it cannot be overridden by Congress.

The Senate's power to advise and consent

Congress can override a presidential veto on a bill, but 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. This is called a pocket veto, and it cannot be overridden by Congress.

The Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. The Senate has the power to advise and consent on presidential nominations and treaties. The President has the power to nominate and appoint ambassadors, ministers, consuls, judges of the Supreme Court, and other officers of the United States, with the advice and consent of the Senate. This is known as the 'advice and consent' clause.

The Supreme Court has ruled that Congress cannot reserve for itself the power of removal of an officer charged with executing the laws except by impeachment. However, the Court has also distinguished between "purely" executive officers and those who exercise "quasi-legislative" and "quasi-judicial" powers, allowing for some officials to be protected through "good cause" removal limits.

The House's power to initiate tax and revenue-related legislation

While the Senate and the House of Congress have equal power in how they function, only the House can initiate tax and revenue-related legislation. This means that the House has the power to introduce and pass bills related to taxes and revenue, which can then be signed into law by the President.

The House's ability to initiate this type of legislation gives it a unique role in shaping fiscal policy. By proposing and passing bills related to taxes and revenue, the House can influence how much money the government collects and how it is spent. This can include bills related to income tax rates, corporate tax rates, and the allocation of government funds to various programs and initiatives.

However, it is important to note that the House's power to initiate tax and revenue-related legislation is not absolute. While the House has the power to introduce and pass such bills, the Senate and the President also have important roles to play in the legislative process. The Senate, for example, has the power to draft legislation related to presidential nominations and treaties, which can impact the implementation and enforcement of tax and revenue laws.

Overall, the House's power to initiate tax and revenue-related legislation is a key aspect of its legislative authority. It allows the House to shape fiscal policy and influence the economic direction of the country. However, this power must be exercised in conjunction with the Senate and the President to ensure a balanced and effective legislative process.

The Senate's power to draft legislation related to presidential nominations and treaties

Congress can override a presidential veto on a bill, but 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. This is called a pocket veto, and it cannot be overridden by Congress.

The Senate and the House have some procedural differences. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. Only the Senate can draft legislation related to presidential nominations and treaties.

The President has the power, with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur. The President shall nominate and, with the advice and consent of the Senate, appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States.

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