The Legislative Branch: Can Congress Check The President?

The US political system is designed to maintain a balance of power between the three branches of government: the executive, legislative, and judicial branches. While the President of the United States has significant powers, such as the ability to veto bills passed by Congress, their power is not absolute. Congress, as the legislative branch, has the authority to pass laws, and under certain circumstances, it can override a presidential veto and pass a law without the President's approval. This dynamic between the President and Congress is a crucial aspect of the system of checks and balances that characterizes American democracy.

Congress can override a presidential veto

The US Constitution establishes a system of "checks and balances" between the three branches of government to prevent the misuse or abuse of power. The President's veto authority is one of his most significant tools in legislative dealings with Congress. It allows the President to "check" the legislature by reviewing acts passed by Congress and blocking measures he finds unconstitutional, unjust, or unwise.

The veto process begins when the President returns a bill he has vetoed to the House, along with his objections. This type of veto is called a regular or return veto and takes precedence over other pending business before Congress. While neither chamber is obligated to schedule an override vote, they may do so at any time.

The first congressional override of a presidential veto occurred in 1845, during the waning hours of the 28th Congress. The House joined the Senate to pass an appropriation bill that prohibited the President from authorizing the building of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress. President John Tyler, a former Representative and Senator from Virginia, had vetoed the bill to protect existing contracts and retain presidential prerogative. The Senate overturned Tyler's veto with only one dissenting vote, and the House voted 126-31 in favor of an override, nullifying Tyler's veto.

A bill becomes law without the President's signature

In the United States, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law 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. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.

The president can choose to veto a bill, in which case Congress can vote to 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. This action is called a "pocket veto" and cannot be overridden by Congress. Therefore, a bill can become a law without the president's signature if Congress overrides the president's veto.

It is important to note that the president cannot make laws, but he or she can veto bills, sign bills, and make suggestions about things that should be new laws. The president also enforces the laws that Congress passes.

Congress cannot override a pocket veto

In the United States, the process of making a law starts with a bill. A bill is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president.

If the president chooses to veto a bill, Congress can usually vote to override that 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. This action is called a pocket veto, and it cannot be overridden by Congress. If the president blocks legislation by a pocket veto, Congress must reintroduce the bill and enact it again.

The pocket veto cannot be overridden by Congress because of the timing of the veto. If Congress approves a bill and sends it to the President, and then adjourns before ten days elapse, the President cannot return the bill to the originating Chamber after adjournment. In this case, the President can prevent the bill from becoming law simply by declining to sign it. The Supreme Court has explained that the Constitution's veto provisions serve two functions. Firstly, they ensure that the President has a suitable opportunity to consider the bills presented to him. Secondly, it is to safeguard the President's opportunity to veto a bill if Congress adjourns before he can return the bill to the originating body.

The Supreme Court has considered two cases concerning the return of vetoed legislation to Congress. In 1929, in The Pocket Veto Case, the Court held that the President could not return a bill to the Senate when Congress adjourned its first session fewer than ten days after presenting the bill to the President. However, in the 1938 case Wright v. United States, the Court held that the President's return of a bill to the Secretary of the Senate on the tenth day after presentment was an effective return, even though the Senate had adjourned for three days.

Bills are assigned to a committee for research and discussion

In the US, a bill is a proposal for a new law or a change to an existing law. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The committee system is essential to the effective operation of the Senate. Committees are subsidiary bodies established for the purpose of considering legislation, conducting hearings, and investigations. They gather information on national and international problems within their jurisdiction to draft, consider, and recommend legislation to the full membership of the Senate.

There are 24 committees in the Senate, including 16 standing committees, four special or select committees, and four joint committees. Standing committees are permanent bodies with specific responsibilities and jurisdictions defined in the Senate's rules. The Senate periodically updates the names and jurisdictions of standing committees to address the issues of an evolving nation.

Special or select committees are also considered permanent and were initially created by a Senate resolution for specific purposes. Joint committees, composed of senators and representatives from both houses of Congress, provide administrative coordination between the House and Senate and conduct studies for the benefit of both houses. They usually have narrow jurisdictions and lack the authority to report legislation. The position of chair usually alternates each Congress between members of the House and Senate.

Most committee hearings and markup sessions are open to the public, except in rare cases, such as when discussing national security issues. After a committee hearing has concluded, the archived webcast will be posted on the committee's website and Congress.gov. Committee reports are documents produced by Senate committees that address investigations, committee business, and legislative or policy measures. Conference committees are temporary ad hoc panels formed to reconcile differences in legislation that has passed both chambers.

The House and Senate have procedural differences

The House and the Senate have some procedural differences, despite being equal in how they function. The House can initiate tax and revenue-related legislation, while the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, whereas the Senate does so through deliberation and debate before voting. The Senate requires a three-fifths majority, or 60 votes, to pass legislation, whereas the House only needs a simple majority.

The Senate has more tools to slow down the progress of a bill, with senators able to make procedural requests, such as extending the debate on the matter. This is to encourage careful consideration of issues. The vice president is the president of the Senate, but they can only vote to break a tie. In the House, the majority party leaders control the priority of policies and determine which bills are debated. In the Senate, minority party leaders have more influence over such procedures, so the majority leaders must work more closely with them.

The Constitution grants the House "the sole power of impeachment" for the offices of the president, vice president, federal judges, and other federal officers.

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