Gavin Howe
While the US President does have the power to issue executive orders, they cannot make laws or raise taxes. The Constitution gives Congress control over taxation, spending, and certain war powers. The president can, however, veto or approve bills, make suggestions about new laws, and enforce the laws that Congress passes. Executive orders can be used to tell federal agencies how to implement a statute, but they cannot be used to sidestep the Constitution's checks and balances or to take over powers from other branches of government.
| Characteristics | Values |
|---|---|
| Can the president create laws? | The president can pass laws through executive orders. However, it is very unlikely, especially for tax laws. |
| Can the president raise taxes? | The president can raise taxes through an executive order. However, it is very unlikely. |
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What You'll Learn
The president can make executive orders to put a tax law in place
While it is very unlikely, the president can make executive orders to put a tax law in place. The president does have tremendous powers with the executive order capability. Federal taxes are usually proposed in the U.S. House of Representatives and follow a formal tax legislation process. According to the IRS, tax laws are made by representatives in Congress and the Senate. They put forth a bill, ratify it, and then it goes to the Senate. If the bill passes the House and Senate, it will then head to the president's desk to be signed into law or vetoed.
The president does have the power to make up tax laws, but it is very difficult. The House and Senate can undo an executive order the next day if it was something unpopular. For example, President William H. Taft proposed to Congress a new income tax of 2% on corporations. This was to be imposed by an excise tax on manufactured goods and an amendment to the Constitution to legally sanction the most recent federal income tax.
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The president cannot make laws
While the president does have the power to pass executive orders on the tax code, it is very unlikely that this would happen. The president does not make up tax laws, and federal taxes are proposed in the U.S. House of Representatives, following a formal tax legislation process. Tax laws are made by representatives in Congress and the Senate—they put forth a bill, ratify it, and then it goes to the Senate. If the bill passes the House and Senate, it will then go to the president's desk to be signed into law or vetoed.
The president does have tremendous powers with the executive order capability, and technically, they can make an executive order to put a tax law in place. However, it is very difficult, and the House and Senate can undo an executive order, especially if it is unpopular.
Historically, the president has played a role in proposing new income taxes. For example, President William H. Taft proposed to Congress a new income tax of 2% on corporations. This proposal was supported by several key Republicans, including former President Theodore Roosevelt, who believed it would help finance the country's increasing political and military power.
However, it is important to note that the power to issue taxes ultimately lies with Congress. The Sixteenth Amendment to the Constitution grants Congress the authority to issue income taxes without having to determine them based on population. The official text states: "The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."
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The president can veto bills and sign bills into law
While the president does not create laws or raise taxes, they do have the power to veto or sign bills into law. This means that the president can approve or reject a bill passed by Congress, which includes tax laws.
The process of creating a law begins with the proposal of a bill. This can be done by representatives in the House of Representatives or the Senate. If the bill passes in the House and the Senate, it is then sent to the president. The president has the power to veto the bill, which sends it back to Congress, or to sign it into law. This is the final step in the law-making process, and once the president signs, the bill becomes a law.
The president can also make executive orders, which are directives issued by the president that have the force of law. However, it is very unlikely that a president would use an executive order to create a tax law, as it could be easily undone by the House and Senate.
Historically, there have been instances where presidents have proposed tax laws to Congress. For example, President William H. Taft proposed a new income tax on corporations to Congress, which was eventually ratified as the Sixteenth Amendment. This amendment granted Congress the authority to issue income taxes without having to determine them based on population.
In summary, while the president does not directly create laws or raise taxes, they play a crucial role in the legislative process by having the power to veto or sign bills into law, including those related to taxation.
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The president can impose tariffs that raise taxes
The US Constitution grants Congress the power to levy tariffs. However, Congress has increasingly delegated this power to the president, who now has significant control over tariff policies. This delegation of authority has occurred through various laws, such as the Reciprocal Trade Agreements Act of 1934, which allowed President Franklin Roosevelt to change tariff rates by 50% and negotiate trade agreements without Congress's approval.
The Trade Act of 1974 further enhances the president's ability to impose tariffs. Section 201 of the act allows the president to impose tariffs if the US International Trade Commission (ITC) finds that an import surge threatens a domestic industry. These tariffs are intended to be temporary, typically lasting between four and eight years. Additionally, Section 301 of the same act enables the president to authorize tariffs on foreign countries that engage in "unjustifiable," "unreasonable," or "discriminatory" trade practices towards the United States.
The president can also invoke the International Emergency Economic Powers Act of 1977 to declare an emergency and use their economic powers to regulate or prohibit imports. This act has been used by the Trump administration to impose tariffs on steel and aluminum imports under the auspices of national security.
While the president has considerable authority to impose tariffs, there are institutional checks in place. For instance, certain provisions require federal agency investigations before tariffs can be imposed. Nonetheless, the effectiveness of these checks has been questioned, as some argue that unilateral tariff actions by the executive branch have not been adequately constrained.
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The president can make suggestions about new laws
While the president does not create laws or raise taxes, they can make suggestions about new laws. The president can make an executive order and put a tax law in place, but this is very unlikely to happen. This is because federal taxes are proposed in the U.S. House of Representatives and follow a formal tax legislation process. The tax laws are made by representatives in Congress and the Senate, who put forth a bill, ratify it, and then send it to the Senate. If the bill passes the House and Senate, it will go to the president to be signed into law or vetoed. The president has tremendous powers with the executive order capability, and technically, they can create a tax law. However, it is very difficult, and the House and Senate can undo an executive order, especially if it is unpopular.
An example of a president suggesting a new law is former President William H. Taft's proposal to Congress of a new income tax of 2% on corporations. This was to be imposed by an excise tax on manufactured goods and an amendment to the Constitution to legally sanction the federal income tax.
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Frequently asked questions
No, the president cannot create laws. The Constitution has a set of checks and balances to ensure that no one branch of the government is more powerful than the other. While the president can make suggestions about things that should be new laws, only Congress can pass new statutes.
The president can raise taxes by issuing an executive order. However, this is very unlikely to happen. The president cannot sidestep the checks and balances in the Constitution by issuing an executive order. Congress can reverse an executive order if it has the constitutional authority to legislate on the issue.
Yes, the president can impose tariffs. For example, former President Trump imposed tariffs on thousands of products from China, the EU, and nearly all other trading partners, excluding Canada and Mexico. These tariffs amounted to an average tax increase of nearly $1,300 per US household in 2025.
Yes, the president can veto bills. If the president chooses to veto a bill, Congress can vote to override the veto and the bill becomes a law. 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.
