Congress' Power: Laws Without Presidential Approval

The process of law-making in the United States involves the President and both Houses of Congress. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee and then put before the chamber to be voted on. If a bill passes one body of Congress, it goes to the other body to go through a similar process. Once both bodies vote to accept a bill, they must work out any differences between the two versions, and then both chambers vote on the same version of the bill. If it passes, they present it to the president for approval. The president can approve the bill and sign it into law, or veto it. If the president chooses to veto a bill, Congress can, in most cases, 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, which is called a pocket veto, and cannot be overridden by Congress.

Congress can pass a bill without the president's signature, but only if Congress prevents its return with objections

Congress can pass a bill without the president's signature, but only if they prevent its return with objections. This is outlined in the US Constitution, which states that if a bill is not returned by the president within ten days (Sundays excepted) after it has been presented, it will become a law unless Congress, by their adjournment, prevents its return. In this case, the bill will not become a law without the president's signature.

The process of how a bill becomes a law begins with its introduction by a sitting member of the US Senate or House of Representatives. It is then assigned to a committee, which researches, discusses, and makes changes. The bill is then put before the chamber for a vote. If it passes one body of Congress, it goes through a similar process in the other body. Once both bodies have voted to accept, they must reconcile any differences between the two versions and vote on the same text. If it passes, it is presented to the president for approval.

The president can choose to approve a bill and sign it into law or refuse to approve it by vetoing it. If the president vetoes a bill, Congress can, in most cases, override this veto with a two-thirds majority vote in both Houses, and the bill will become a law. However, if Congress is no longer in session and the bill remains unsigned, it will be pocket-vetoed, and this type of veto cannot be overridden.

The pocket veto is a significant power for the president, as it allows them to prevent a bill from becoming law without using their formal veto power. By withholding their signature and ensuring Congress does not have the opportunity to override, the president can effectively block a bill. This power is limited, however, by Congress's ability to prevent the return of a bill with objections, in which case it can still become law without the president's signature.

Congress can override a presidential veto if the president refuses to approve a bill

The legislative process in the United States involves multiple steps and requires input from both houses of Congress and the President. While a bill can be introduced by a sitting member of either the Senate or the House of Representatives, it must be passed by both bodies of Congress and then presented to the President for approval. The President can then choose to approve the bill and sign it into law or refuse to approve it, which is called a veto.

However, Congress does have the power to override a presidential veto and pass a bill into law without the President's approval. If the President vetoes a bill, Congress can hold a vote to override the veto, and if the bill passes this vote, it becomes a law. This ability of Congress to override a presidential veto serves as an important check and balance in the legislative process, ensuring that the President does not have unilateral power over law-making.

It is worth noting that there is a scenario in which a presidential veto cannot be overridden by Congress. This scenario is known as a "pocket veto." A pocket veto occurs when the President does not sign off on a bill, and Congress is no longer in session, resulting in the bill being vetoed by default. In such cases, Congress does not have the opportunity to override the veto, and the bill does not become a law.

The legislative process in the United States is designed to be thorough and deliberative, with multiple checks and balances in place to ensure that laws are carefully considered and represent the interests of the people. While the President plays a crucial role in the legislative process, Congress ultimately has the power to pass laws even without the President's approval in certain circumstances.

Joint resolutions, except for amendments to the Constitution, become law in the same way as bills

The process of passing a bill into law in the United States involves several steps. 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 introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then presented to the chamber for voting. If it passes in one body of Congress, it goes through the same process in the other body. Once both bodies have approved a bill, they must agree on a single version. The bill is then presented to the president for approval. The president can either approve the bill and sign it into law or refuse to approve it, which is called a veto. If the president vetoes a bill, Congress can vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill before Congress adjourns, the bill is vetoed by default, which is known as a pocket veto, and Congress cannot override it.

Joint resolutions, like bills, can be used to create a law. They are designated H.J. Res. or S.J. Res. and are followed by a number. Joint resolutions require approval from both chambers of Congress in identical form, just like bills. After passing both chambers, they need the president's signature to become law. The primary difference between joint resolutions and bills is their purpose. Bills are typically used to add, repeal, or amend laws in the United States Code or Statutes at Large, and they provide policy and program authorizations. Regular annual appropriations are also enacted through bills. On the other hand, joint resolutions are often used for continuing or emergency appropriations. They can also propose amendments to the Constitution. Constitutional amendments require approval from two-thirds of both chambers of Congress and three-fourths of the states but do not need the president's signature to be incorporated into the Constitution.

Concurrent resolutions are not presented to the President for approval

In most cases, a bill must be approved by the President to become law. The President can choose to veto a bill, but Congress can vote to override this veto. 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 pocket vetoed and cannot be overridden by Congress.

However, there are ways for Congress to pass laws without the President's approval. One way is through joint resolutions, which can amend statutes or propose amendments to the Constitution. When a joint resolution amends the Constitution, it must be approved by two-thirds of both Houses and is not presented to the President for approval.

Additionally, the legislative process in the US ensures that a proposal cannot become law without consideration and approval by both Houses of Congress, providing an outstanding virtue to the bicameral legislative system. This process emphasizes the protection of the minority and allows all sides to be heard and make their views known.

The President can only make treaties with the approval of the Senate

The process of passing a bill into law in the United States involves both the US Congress and the President. While a bill can be proposed by a sitting member of the US Senate or House of Representatives, or even be petitioned by citizens, it must be presented to the President for approval once it has passed through both bodies of Congress. The President can then choose to approve the bill and sign it into law, or veto it.

The President's power to make treaties, however, is not unilateral. The President can only make treaties with the approval of the Senate. This is outlined in Article II, Section 2 of the US Constitution, which states that "the President shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur". This means that the Senate must approve a treaty by a vote of two-thirds of the Senators present, and the President then ratifies the treaty by signing an instrument of ratification.

The Senate's role in the treaty-making process is to provide advice and counsel to the President, and to check presidential power. The Senate can also put reservations on treaties, modifying or excluding the legal effect of the treaty. While the President has the final responsibility for completing the treaty-making process, they are not obligated to ratify a Senate-approved treaty, and in some cases, Presidents have declined to do so.

Historically, there have been instances where the level of Senate involvement in the treaty-making process has been disputed. For example, in 1794, President Washington sent Chief Justice John Jay to London to negotiate a treaty with Great Britain without consulting the full Senate. When the Jay Treaty was submitted for approval in 1795, there was a demand from Jeffersonian Republicans to renegotiate the terms, but this was defeated by Federalist senators. In 1919, the Senate rejected the Treaty of Versailles after months of debate, and in 1978, President Carter terminated a mutual defense treaty with Taiwan without Senate consent, leading to a legal challenge.

In summary, while the President has significant power in the treaty-making process, they are constitutionally required to obtain the approval of the Senate to make treaties, and the Senate has the power to modify or reject treaties.

Frequently asked questions