Kara Sears
While the president of the United States does not make laws, they can alter the substance of a law through executive orders, veto power, and judicial powers. Executive orders are written, signed, and published directives that manage the operations of the federal government and have much of the same power as federal laws. However, they cannot override federal laws and statutes and must be rooted in the President's constitutional powers or a law passed by Congress. The president can also veto a bill, preventing it from becoming a law. Additionally, the president's judicial powers include the ability to appoint like-minded judges who can interpret laws. These mechanisms allow the president to exert influence and make changes to the substance of a law without directly creating legislation.
| Characteristics | Values |
|---|---|
| The president can approve a bill | The bill becomes a law |
| The president can veto a bill | The bill does not become a law |
| The president can issue executive orders | These have the same power as federal laws, but cannot override them |
| The president can appoint like-minded judges to interpret laws | The president's judicial powers are limited to the power to pardon and grant reprieves |
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What You'll Learn
Veto bills before they become law
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 present it to the president.
The president then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill by vetoing it. If the president chooses to veto a bill, Congress can 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. This action is called a pocket veto, and it cannot be overridden by Congress.
The process of vetoing a bill involves the president returning the bill with his objections to the house in which the bill originated. The house then enters the objections into its journal and reconsiders the bill. The house may override the veto by a two-thirds vote of the members present, which must include a majority of the members elected to that house. If the house of origin overrides the veto, it sends the bill and the president's objections to the other house, where the bill is reconsidered. The second house may also override the veto by a two-thirds vote, including a majority of elected members. If both houses override the veto, the bill becomes law without the president's signature.
In some cases, the president may recommend specific and severable amendments to a bill by returning it with recommendations to the house in which it originated. The house will enter the president's recommendations into its journal and reconsider the bill. If both houses agree to the president's entire recommendation, the amended bill will become law.
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Appoint like-minded judges to interpret laws
While the president can approve or veto a bill, the interpretation of laws is the responsibility of the judiciary, which is an independent branch of the US government. Federal judges are appointed by the president and confirmed by the Senate. They serve until their death, retirement, or conviction by the Senate, which insulates them from temporary passions and allows them to apply the law with justice in mind, rather than electoral or political concerns.
The president can therefore influence the interpretation of laws by appointing like-minded judges. However, the president must also consider the Senate, which confirms the appointment. The Senate will be less likely to confirm a judge who is overtly political, as this could undermine public confidence in the integrity and impartiality of the judiciary.
A judge's conduct is governed by a code of conduct, which includes the obligation to practice civility, respect, and impartiality. They should not allow family, social, political, or financial relationships to influence their conduct or judgment. They should also not hold membership in any organization that practices invidious discrimination based on race, sex, religion, or national origin.
By appointing like-minded judges who share the president's interpretation of the law, the president can influence the direction of the judiciary. However, the president must also consider the Senate and the public, who expect the judiciary to be independent and impartial. The president must therefore balance their desire to appoint like-minded judges with the need to maintain public trust in the judiciary.
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Issue executive orders to direct government agencies
Executive orders are signed, written, and published directives from the President of the United States that manage the operations of federal government agencies. They are issued to agents of the executive department by the President, who is the head of the department. Executive orders are typically first issued by the White House, after which they are published in the Federal Register, the official journal of the federal government. They are also recorded under Title 3 of the U.S. Code of Federal Regulations.
Executive orders are consecutively numbered, making it easy to reference them by their assigned number or their topic. They are usually grouped into sections and subsections, each numbered or lettered according to a general outline. The length of the executive order depends on its content, with longer orders typically including an introduction that offers the President's legal rationale for issuing the order. The body of the order includes directives, such as study or evaluation, with additional details in the subsections.
Executive orders are subject to judicial review and may be overturned if they are not supported by statute or the Constitution. They remain in force until they are cancelled, revoked, adjudicated unlawful, or expire on their terms. The President may revoke, modify, or make exceptions to any executive order at any time, regardless of whether it was issued by the current President or a predecessor.
Executive orders have been used by every American President since George Washington took office in 1789, with a total of more than 13,731 issued as of 2021. Some notable examples of executive orders include the Emancipation Proclamation and Executive Order 12866, which requires cost-benefit analysis for certain regulatory actions.
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Sign bills approved by Congress
A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people 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 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 then considers the bill. The president can approve the bill and sign it into law. If the president approves the bill, they sign it, and it becomes a law. When bills are passed in identical form by both Chambers of Congress and signed by the president, they become laws.
Or the president can refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, in most cases, Congress can 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. This action is called a pocket veto, and it cannot be overridden by Congress.
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Pardon and grant reprieves
The President of the United States has the power to "grant reprieves and pardons for offences against the United States", as outlined in Article II of the Constitution. This power, which has roots in early English law, is not limited by Congress and extends to every offence known to the law. It can be exercised before, during, or after legal proceedings and convictions.
The President's pardon power includes the ability to commute criminal sentences, either in part or entirely, and to reduce penalties. For example, in 1927, the President commuted a sentence of death to one of life imprisonment, against the will of the prisoner. This was upheld by the Court, which stated that a pardon is "not a private act of grace from an individual happening to possess power" but rather "a part of the constitutional scheme".
The President's pardon power does not extend to cases of impeachment. For instance, in the 1886 case of Ex parte Garland, the Court recognised the President's authority to pardon except in cases of impeachment.
Historically, Congress has attempted to limit the effects of presidential pardons, such as through the act of July 12, 1870, which made proof of loyalty necessary to recover property sold by the government during the Civil War, despite any pardons granted. However, this was deemed unconstitutional by the Court, which stated that "the legislature cannot change the effect of such a pardon any more than the executive can change a law".
In some cases, Congress has facilitated the exercise of pardon power through funding of Executive Branch positions to review clemency petitions. Additionally, there is historical precedent and language from early Supreme Court cases suggesting that Congress may have the authority to grant pardons or amnesties through legislation.
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Frequently asked questions
The president cannot create laws, but they can veto bills before they become law. They can also issue executive orders, which are written, signed, and published directives that manage operations of the federal government. These orders have much of the same power as federal laws but cannot override them.
A bill is a proposal for a new law or a change to an existing law. A bill can be proposed by a sitting member of the U.S. Senate or House of Representatives, or during their election campaign. Once introduced, it is assigned to a committee, researched, discussed, and changes are made. The bill is then put before the chamber to be voted on. If it passes, it goes to the other body to go through the same process. Once both bodies vote to accept, 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, it is presented to the president.
An executive order is a directive issued by the President, who is the head of the executive branch of the Federal Government. It is written, signed, and published, and has much of the same power as federal law. However, it cannot override federal law and must be rooted in the President's powers as outlined in the Constitution or in a law passed by Congress.
