Anaya Nolan
While the president of the United States does not make laws, they have the power to alter the substance of a law by issuing an executive order. Executive orders are written, signed, and published directives that manage the operations of the federal government. They are rooted in the President's powers as outlined in the Constitution or in a law passed by Congress. While executive orders have much of the same power as federal laws, they cannot override federal laws and statutes. The president can also approve or veto a bill, which is a proposal for a new law or a change to an existing law. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law.
| Characteristics | Values |
|---|---|
| A president can | Approve a bill and sign it into law |
| Refuse to approve a bill (veto) | |
| Issue executive orders to direct government agencies to take specific actions | |
| A president cannot | Override federal laws and statutes |
| Violate the Constitution, federal laws, or Americans' fundamental rights | |
| Bypass the judicial and legislative branches of government |
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Executive orders
The President cannot use executive orders to sidestep the checks and balances in place to ensure that no one branch of the government becomes more powerful than another. Congress can also pass a new law to override an executive order, subject to a presidential veto. Additionally, any future president can issue a new executive order that rescinds or amends a previous one. These checks and balances ensure that executive orders do not undermine the rule of law or the Constitution.
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Veto bills
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 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 approve the bill and sign it into law. Or the president can refuse to approve a bill. This refusal of assent by the president is called a veto. The veto power is defined in Article 1, Section 7 of the US Constitution.
There are two types of vetoes: the "regular veto" and the "pocket veto". In the case of a regular veto, the president returns the unsigned bill to the originating house of Congress within 10 days (excluding Sundays), usually with a memorandum of disapproval or a "veto message". Congress can override the president's decision if it musters the necessary two-thirds vote of each house.
A pocket veto occurs when Congress has adjourned before the 10 days are up, preventing a possible return with a veto. In this case, the president does not return the legislation to Congress but simply does not act on it. The bill does not become law and cannot be overridden by Congress.
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Propose bills
A bill is a proposal for a new law or a change to an existing law. The US president can propose a bill and send Congress a presidential message urging its enactment into law, but they cannot introduce it. Typically, the president sends draft legislation to Congress with a letter or other explanatory material outlining the reasons for submitting the legislation.
A bill can also be proposed by a sitting member of the US Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens 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 committee can order the introduction of a "clean bill" that includes proposed amendments. This new bill will have a new number and will be sent to the floor while the old bill is discarded. The chamber must approve, change, or reject all committee amendments before conducting a final passage vote. After the bill is reported, the committee staff prepares a written report explaining why they favour the bill and why they wish to see their amendments, if any, adopted. Committee members who oppose a bill sometimes write a dissenting opinion in the report. The report is sent back to the whole chamber and is placed on the calendar. In the House, most bills go to the Rules Committee before reaching the floor. The committee adopts rules that will govern the procedures under which the House will consider the bill.
The bill is then put before the 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. If the House and Senate pass the same bill, it is sent to the President. If the House and Senate pass different bills, they are sent to a Conference Committee, which will work out the differences. If the Conference Committee reaches a compromise, it prepares a written report, which is submitted to each chamber. 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.
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Interpret laws
Interpreting laws is a complex and contentious issue that has been debated and litigated throughout US history. While the president can interpret laws to guide their implementation and enforcement, their power is limited and balanced by the other branches of government, particularly the legislative and judicial branches.
Article II, Section 3 of the US Constitution, known as the Faithful Execution Clause or the Take Care Clause, grants and constrains presidential power. This clause requires the president to "take care that the laws be faithfully executed," implying that they have a duty to enforce the laws passed by Congress without disregarding or nullifying them. This clause has been a central point of discussion in debates surrounding presidential power and has been invoked in famous Supreme Court cases, such as Youngstown Sheet & Tube v. Sawyer (1952) and Myers v. United States (1926).
The president's interpretation of laws is significant in guiding the executive branch's implementation of policies and regulations. They can use their discretion to convene Congress, make recommendations, and share information on the "state of the union." However, their power to interpret laws is balanced by the legislative branch's oversight role. Congress, through committees and investigative organizations like the Government Accountability Office (GAO), conducts hearings and generates reports to ensure the executive branch's actions align with legislative intent.
Additionally, the judicial branch has the jurisdiction to interpret laws and determine constitutionality under Article III. This separation of powers prevents the executive branch from having unchecked authority in interpreting laws. Despite this, there have been instances where presidents have exercised their power to ignore certain laws they deemed unconstitutional, raising questions about the limits of their interpretive discretion.
In a notable move, President Donald Trump signed an executive order in 2025, declaring that only the "President and the Attorney General shall provide authoritative interpretations of the law for the executive branch." This order, covering all federal employees and agencies, including independent agencies, sparked controversy as it appeared to consolidate interpretive power within the executive branch, potentially bypassing the checks and balances provided by the other branches of government.
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Declare policy priorities
A president can alter the substance of a law by declaring policy priorities through executive orders. While executive orders are not laws per se, they are often used by presidents to implement laws or declare new policy priorities. Executive orders are written, signed, and published directives from the President of the United States that manage operations of the federal government. They are numbered consecutively and have much of the same power as federal laws.
The authority to issue executive orders stems from the Constitution and powers granted to the president by Congress. Article II of the Constitution vests executive powers in the President and requires that the President "take Care that the Laws be faithfully executed". The President is also the "Commander in Chief of the Army and Navy of the United States," as stated in Article II, Section 2. The President has broad powers in areas such as control and operation of the federal government, federal agencies, and foreign affairs.
However, executive orders cannot override federal laws and statutes. They must be rooted in one of the President's powers as outlined in the Constitution or in a law passed by Congress. The President cannot use executive orders to sidestep the checks and balances in place to ensure that no one branch of the government becomes more powerful than another.
For example, President George W. Bush issued Executive Order 13233 in 2001, which restricted public access to the papers of former presidents. The order was criticized by the Society of American Archivists and other groups, who said it "violates both the spirit and letter of existing U.S. law on access to presidential papers." President Barack Obama subsequently revoked Executive Order 13233 in January 2009.
In addition to executive orders, a president can also alter the substance of a law by approving or vetoing a bill. A bill is a proposal for a new law or a change to an existing law. Once a bill is passed by both bodies of Congress, it is presented to the president. The president can approve the bill and sign it into law, or they can refuse to approve it and issue a veto. If the president chooses to veto a bill, Congress can vote to override that veto and the bill becomes a law.
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Frequently asked questions
A president can alter the substance of a law by issuing an executive order. Executive orders are written, signed, and published directives that manage the operations of the federal government.
An executive order is a directive issued by the president to manage the operations of the federal government. While they are not laws per se, they have much of the same power as federal laws.
Executive orders cannot override federal laws and statutes. They must be rooted in the President's powers as outlined in the Constitution or in a law passed by Congress. They cannot be used to violate the Constitution, federal laws, or Americans' fundamental rights.
Yes, an executive order can be overturned by Congress or the Supreme Court. Congress can pass a new law to override an executive order, subject to a presidential veto. The Supreme Court has also overturned executive orders in the past, such as in the case of Youngstown Sheet & Tube Co. v. Sawyer, where President Truman's executive order was found invalid.
