Gavin Howe
The US Constitution outlines a system of checks and balances to ensure that no branch of the government holds more power than the other. While the President has been vested with executive power, they cannot override Congress. The President can issue executive orders, which are written directives that order the government to take specific actions. However, these orders cannot create new statutes or override federal laws and statutes, which fall under the purview of Congress. The President does have the power of veto, which allows them to return a bill to Congress without signing it, but this can be overridden by a two-thirds vote in both Houses of Congress.
Can the President override Congress?
| Characteristics | Values |
|---|---|
| Veto power | The President can veto a bill passed by Congress by not signing it within 10 days (excluding Sundays). However, Congress can override the veto with a 2/3 vote in both Houses. |
| Pocket veto | If Congress adjourns before the 10-day period is up, the President can use a "pocket veto" to prevent the bill from becoming a law. In this case, Congress cannot override the veto. |
| Executive orders | The President can issue executive orders, which are written directives ordering the government to take specific actions. However, executive orders cannot override federal laws and statutes, and they cannot create new statutes. |
| Constitutional amendments | The President cannot directly override the Constitution. Changing the Constitution requires a 2/3 vote in Congress or a constitutional convention requested by 34 states, followed by ratification by 3/4 of states. |
What You'll Learn
Presidential vetoes
The "regular veto" is the more common type, where the President returns a bill to the House of Congress in which it originated within 10 days, usually accompanied by a memorandum of disapproval or a "veto message". This 10-day period (excluding Sundays) is crucial, as if the President does not veto or sign a bill within this timeframe, it automatically becomes law. This provision prevents the President from killing legislation through inaction. However, if Congress adjourns before the 10 days are up, preventing the return of the bill, a "pocket veto" situation arises, where the bill does not become law.
The "pocket veto" is an absolute veto that cannot be overridden by Congress. It occurs when the President does not return legislation to Congress but simply does not act on it, often during intra-session adjournments. This type of veto is derived from the Constitution's Article I, Section 7, which states that if Congress adjourns, preventing the return of the bill, it shall not become law. The authority and interpretation of the "pocket veto" have been a subject of controversy and clash between Congress and the President throughout history.
The veto power of the President is not absolute, as Congress can override a "regular veto" by a two-thirds vote in both Houses. This process demonstrates the system of checks and balances in the US government, where the President can veto legislation, but Congress can still enact it with a supermajority.
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Pocket vetoes
A "pocket veto" is a legislative manoeuvre that can be used by the President of the United States to prevent a bill from becoming law. It occurs when the President does not sign a bill into law within a ten-day period (not including Sundays) and is unable to return the bill to Congress because it is no longer in session. This situation is outlined in Article 1, Section 7 of the US Constitution, which states:
> "If any Bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a Law, in like manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which case it shall not be a Law."
In other words, if Congress adjourns within the ten-day period and the President does not sign the bill, it is automatically vetoed, and this type of veto is known as a "pocket veto". It is called a "pocket veto" because the bill is effectively vetoed by being kept in the President's "pocket".
The pocket veto is an example of the President's veto power, which is defined in Article 1, Section 7 of the US Constitution. While a regular veto allows the President to return a bill to Congress with their objections, a pocket veto occurs when the President does not return the bill to Congress at all. It is important to note that a pocket veto can only occur after a session of Congress has adjourned and cannot be overridden by Congress.
Throughout US history, Franklin D. Roosevelt had the most pocket vetoes, with 263 out of 635 of his total vetoes being pocket vetoes. All presidents after Roosevelt, up until George W. Bush, also had pocket vetoes during their terms. Since the George W. Bush presidency, no president has used the pocket veto.
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Executive orders
The President cannot use executive orders to expand their power. They are meant to ensure that the laws enacted by Congress are faithfully carried out and are subject to checks and balances within the Constitution. Congress can override an executive order by passing legislation that invalidates it or by refusing to provide necessary funding. The courts can also overturn an executive order if it is found to be unlawful or unconstitutional.
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Checks and balances
The US Constitution is designed with a set of checks and balances to ensure that no one branch of the government holds more power than the others. This means that while the president has some executive powers, there are limits to what they can do without the support of Congress.
One of the key checks on presidential power is the power of Congress to pass legislation. Most laws come from Congress, which has control over things like taxation, spending, and certain war powers. Congress can also override a presidential veto with a two-thirds vote in both houses. If Congress approves a bill and sends it to the president, and then adjourns before the ten days elapse, the president can prevent the bill from becoming law through a "pocket veto", where they simply decline to sign it. However, this type of veto can only occur under specific circumstances and cannot be overridden by Congress.
Another check on presidential power is the inability to write new statutes. While the president can issue executive orders, these cannot override federal laws and statutes. Executive orders are written directives signed by the president that tell federal agencies how to implement a statute. For example, Congress might declare a certain drug legal or illegal, and the president could then use an executive order to tell the Department of Justice whether prosecuting cases related to that drug is a priority or not. Executive orders can be stopped or rescinded by acts of Congress, rulings of the Supreme Court, or the issuance of new executive orders by future presidents.
The Constitution also limits the number of terms a president can serve. The 22nd Amendment prohibits anyone from being elected president more than twice, and the 12th Amendment states that "No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." Changing the Constitution to allow for a third term would require a two-thirds vote in Congress or a constitutional convention requested by 34 states, after which three-quarters of states would need to ratify the proposed amendment.
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Congressional override
The US Constitution outlines the powers of the President and Congress, and how they can check each other's authority.
The President has veto power, which allows them to return a bill to Congress without signing it, thus preventing it from becoming law. This is outlined in Article 1, Section 7 of the Constitution. However, Congress can override this veto with a two-thirds majority vote in both Houses. If Congress has adjourned before the ten-day period in which the President must sign or veto a bill is up, the President can use a "pocket veto", where they simply do not act on the bill, and it does not become law. This type of veto cannot be overridden by Congress.
Congress also has the power to enact laws that reverse the actions of a President's executive order, provided they have the constitutional authority to legislate on the issue. Additionally, Congress controls key areas such as taxation, spending, and certain war powers. They also have the power to amend the Constitution, which requires a two-thirds majority vote or a constitutional convention requested by 34 states.
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Frequently asked questions
No, the president cannot override Congress. However, the president has the power to veto a bill passed by Congress, in which case Congress would need a two-thirds vote in both Houses to override the veto.
A "pocket veto" occurs when Congress adjourns before the ten-day period in which the president must either sign or veto a bill has elapsed. In this case, the president can prevent the bill from becoming law without returning it to Congress.
No, a "pocket veto" cannot be overridden by Congress. In this case, the legislature must reintroduce the bill and enact it again.
No, the president cannot write a new statute with an executive order. However, an executive order can tell federal agencies how to implement a statute.
Yes, an executive order can be stopped by Congress enacting a law that reverses the president's order, a court holding that the order is unlawful, or a future president issuing a new executive order that rescinds or amends the previous one.
