Legislative Power Play: Congress Vs Executive Decisions

Executive orders are directives issued by the President of the United States to manage the operations of the federal government. They are not legislation and do not require approval from Congress. However, Congress can pass laws that may make it difficult or impossible to carry out an executive order, such as by removing funding. While Congress cannot directly overturn a Supreme Court ruling, it can address disagreements with interpretations of statutes and attempt to achieve its goals through other means. The balance of power between the Supreme Court and the political branches is a delicate one, with each branch having a say in interpreting and upholding the Constitution.

Congress can pass laws to regulate federal agencies

Congress, as one of the three coequal branches of government, has significant powers ascribed to it by the Constitution. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many presidential appointments, and substantial investigative powers. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones.

Congress can also pass laws that may make it difficult or impossible to carry out an executive order, such as by removing funding. Executive orders are signed, written, and published directives from the President that manage the operations of the federal government. They are not legislation and do not require approval from Congress. However, they are published in the Federal Register, the daily journal of the federal government, and are catalogued by the National Archives as official documents.

While Congress can pass laws to regulate federal agencies and counteract executive decisions in this way, it is important to note that the Constitution also limits what Congress can do. For example, if Congress were to pass a law that discriminates against people of color, it would be struck down as it goes against the Constitutional right.

Congress can't overturn executive orders

Congress cannot overturn an executive order by itself. Executive orders are written directives, signed by the president, that order the government to take specific actions to ensure "the laws be faithfully executed". They are not legislation and do not require approval from Congress. However, they must be rooted in Article II of the US Constitution or enacted by the Congress in statutes.

Congress can pass legislation that invalidates an executive order, but the president may veto such a decision. Congress may override a veto with a two-thirds majority to end an executive order. This is considered a nearly impossible event due to the supermajority vote required, and the fact that such a vote leaves individual lawmakers vulnerable to political criticism.

Congress can also refuse to provide funding necessary to carry out certain policy measures contained within the order or legitimize policy mechanisms. This is known as Congress's "power of the purse".

Executive orders are subject to judicial review and may be overturned by the courts if they are found to be unsupported by statute or the Constitution.

Congress can pass laws that conflict with Supreme Court rulings

The Constitution gives the Supreme Court "original jurisdiction" in only certain limited cases. It has appellate jurisdiction over other cases "under such Regulations as the Congress shall make." This system of checks and balances allows Congress to act as a counterweight to the Supreme Court's decisions.

However, it is important to note that there are limitations to Congress's ability to pass laws that conflict with Supreme Court rulings. For instance, in the case of Dobbs v. Jackson Women's Health Organization, the Supreme Court ruled that the Constitution does not include a right to abortion, and this interpretation of the Constitution is final. While Congress can pass laws that conflict with this ruling, such as the federal Partial-Birth Abortion Ban Act, they must be careful not to infringe on states' rights, as protected by the 10th Amendment.

Additionally, Congress cannot override the Supreme Court's interpretation of the Constitution regarding presidential immunity. In this case, the only way to change the law would be through a constitutional amendment or by overhauling the Supreme Court and appointing new judges.

In conclusion, while Congress does have the power to pass laws that conflict with Supreme Court rulings in certain contexts, it must be careful to respect the separation of powers and the rights of states and the Constitution.

Congress can't appoint members to wield executive power

Congress cannot appoint members to wield executive power. The US Constitution's division of power across the three branches of government bars "an active role for Congress in the supervision of officers charged with the execution of the laws it enacts".

The Constitution deliberately separates Congress's power to create offices in the federal government from the President's authority to nominate officers to fill those positions. The Appointments Clause requires that Ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States be appointed by the President, subject to the advice and consent of the Senate.

Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments. However, the power to appoint principal officers rests with the President alone, which ensures a measure of accountability for his choices in staffing important government positions.

Congress's control over appointments is further limited on the question of who can remove an incumbent officer. If the Board's power was executive in nature, the Constitution barred an agent of Congress from exercising it. The power of removal is a crucial tool of control, and Congress's ability to remove an officer dictates that the officer will be subservient to Congress.

Executive orders are not legislation and do not require approval from Congress. They are signed, written, and published directives from the President of the United States that manage the operations of the federal government.

Congress can't reverse Supreme Court rulings via statute

Congress cannot directly reverse Supreme Court rulings via statute due to the separation of powers and the system of checks and balances established by the Constitution. The Supreme Court is the highest court in the country and has the final say in interpreting the Constitution and federal laws. Once the Supreme Court has made a ruling, Congress cannot simply reverse that decision. For example, the Supreme Court's decision in Dobbs, which overturned the right to abortion, was grounded in the interpretation of the Constitution. Therefore, the court's decision that the Constitution does not include the right to abortion is final, and Congress cannot reverse this interpretation via statute.

However, Congress can respond to Supreme Court rulings and address disagreements with the Court's interpretations of statutes in several ways. Congress can pass new legislation or amend existing laws to address judicial decisions, as long as these changes are constitutional. For instance, when the Supreme Court concluded that the Equal Protection Clause only prohibits discrimination by government entities, Congress extended non-discrimination protections to the private sector through its power to regulate commerce.

Additionally, Congress can propose amendments to the Constitution to overturn judicial interpretations. This requires a rigorous approval process, including a two-thirds majority in both houses of Congress and ratification by three-fourths of the states. While this is a challenging process that has not been achieved in over 30 years, it remains a mechanism for Congress to counter Supreme Court rulings.

Furthermore, Congress has the power to create lower federal courts and determine their structure and jurisdiction. By establishing these courts, Congress can influence the interpretation and application of laws, indirectly shaping the legal landscape within the constraints of the Constitution.

It is worth noting that while Congress cannot directly overturn Supreme Court rulings, it does have tools at its disposal to address disagreements and pursue its policy objectives within the boundaries set by the Court's interpretations of the Constitution and federal statutes.

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