Presidents' Legislative Priorities: Strategies For Lawmaking Success

The President of the United States is often referred to as the most powerful person in the world. However, the legislative powers of the president are strictly defined by the Constitution and a system of checks and balances. The president's legislative role has grown substantially since 1900, reflecting changes in political and social forces. While Congress is responsible for introducing and passing legislation, the president has the power to approve or reject bills, and can also propose new legislation. The president can also issue a signing statement, outlining their opinion on the bill's constitutionality, and can veto a bill, which can be overridden by a two-thirds majority in Congress. Additionally, the president can issue executive orders, which have the force of law, and can influence legislation through their leadership of their political party.

Propose legislation

Proposing legislation is a key power of the president of the United States. While Congress is the lawmaking branch of the federal government, the president is authorised to propose new legislation. This is done through the "executive communication", which is usually a message or letter from a member of the president's Cabinet, the head of an independent agency, or the president themselves, transmitting a draft of a proposed bill to the speaker of the House of Representatives and the president of the Senate.

Presidents often outline their administration's legislative agenda shortly after taking office. For example, in early 2021, President Joe Biden detailed the legislative framework for his Build Back Better Plan, which included the American Rescue Plan (ARP), the American Jobs Plan (AJP), and the American Families Plan (AFP).

The president is required to provide Congress with a State of the Union address once a year, where they often lay out their legislative agenda for the following year, outlining their legislative priorities for both Congress and the nation.

To help get their legislative agenda passed by Congress, the president will often ask a specific lawmaker to sponsor bills and lobby other members for passage. Members of the president's staff, such as the vice president, chief of staff, and other liaisons with Capitol Hill, will also lobby.

Convene or adjourn Congress

The US President's legislative powers are strictly defined by the Constitution and a system of checks and balances. The legislative role of the president has grown substantially since 1900, influenced by political and social forces, as well as the recognition of the president as the leader of their political party.

Article II, Section 3 of the Constitution outlines the president's ability to "convene or adjourn the Houses of Congress in certain circumstances". The president is permitted to summon both Houses into extra or special sessions for legislative purposes, and the Senate alone for the consideration of nominations and treaties.

The president may, on extraordinary occasions, convene both Houses, or either of them. This power has been frequently exercised. However, it is important to note that the president's power to adjourn the Houses has never been exercised.

In the case of a disagreement between the two chambers of Congress, the House of Representatives and the Senate, regarding the time of adjournment, the president is authorized to step in and adjourn them to a time deemed appropriate. This provision ensures a peaceful resolution to any controversy that may arise between the two chambers.

The power to adjourn Congress is a significant tool for the president, as it prevents the president from using the tactic of squelching dissent by adjourning colonial legislatures. This power acts as a check on the president's authority, ensuring that the legislative process cannot be easily frustrated by unilateral adjournments.

Veto bills

The power to veto bills is one of the most significant legislative powers of the US President. The President can veto a bill passed by Congress by refusing to sign it within a 10-day review period, known as a "pocket veto". If the President vetoes a bill, it will only become law if two-thirds of both the House and the Senate vote to override the veto.

The veto power is a key tool for Presidents to ensure their legislative priorities become law. By threatening to veto a bill, a President can "veto signal" and ward off legislation that they do not support. This can be done officially through a Statement of Administration Policy.

The veto power is not without its limits, however. The US Supreme Court has consistently held that the line-item veto, which would allow the President to reject only specific provisions within a bill, is unconstitutional.

The veto power is a formal expression of the President's legislative leadership role. The President's legislative role has grown substantially since 1900, reflecting changes in political and social forces.

Issue executive orders

Executive orders are directives issued by the President of the United States that have the same power as federal laws. They are used to manage the operations of the federal government and are based on the President's broad executive and enforcement authority granted by Article Two of the United States Constitution. While the Constitution does not explicitly mention executive orders, it states that "The executive Power shall be vested in a President of the United States of America", and that the President must "take Care that the Laws be faithfully executed".

Executive orders are often proposed by federal agencies and issued by the President to direct executive officers, clarify and further existing laws, or address internal government affairs. They can be used to enforce legislation, deal with emergencies, wage wars, and fine-tune policy choices in the implementation of broad statutes.

Some notable examples of executive orders include:

• Abraham Lincoln's suspension of the writ of habeas corpus during the Civil War in 1861.
• Franklin D. Roosevelt's Executive Order 9066, which authorised the establishment of internment camps for Japanese Americans during World War II.
• Harry Truman's executive order mandating equal treatment of all members of the armed forces, as well as his order seizing private steel production facilities to support the Korean War effort.
• Dwight Eisenhower's executive order to enforce desegregation in Little Rock, Arkansas, during the Civil Rights movement.
• Bill Clinton's Executive Order 13233, which restricted public access to the papers of former presidents and was later revoked by Barack Obama.
• Donald Trump's executive order to weaken Obamacare.
• Joe Biden's 42 executive orders in his first 100 days in office, including those related to COVID-19 economic relief and infrastructure improvement.

Executive orders remain in force until they are cancelled, revoked, adjudicated unlawful, or expire. They can be challenged in court and may be overturned if they lack support from statute or the Constitution. Congress can also pass a new law to override an executive order, subject to a presidential veto.

Appoint ambassadors

Appointing ambassadors is a key presidential duty that allows the president to shape foreign policy and advance their legislative agenda. The president's authority to appoint ambassadors stems from Article II, Section 2, Clause 2 of the U.S. Constitution, which states that the president "shall nominate and, by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States." This process of appointing ambassadors involves the following steps and considerations:

Nomination by the President

The president has the power to nominate individuals to serve as ambassadors. This power is derived from the Constitution and has been exercised by presidents throughout history, including President Joe Biden, who, as of August 2, 2024, had appointed 217 ambassadors.

Advice and Consent of the Senate

While the president has the power to nominate ambassadors, the appointments require the advice and consent of the Senate. This means that the Senate plays a crucial role in confirming the president's ambassadorial appointments. The Senate may confirm or reject the nominees, and in some cases, nominees may fail to receive confirmation or be rejected.

Duties and Responsibilities of Ambassadors

Ambassadors are the highest-ranking representatives of the United States to other countries or international organizations. They play a vital role in conducting foreign policy and advancing the nation's interests abroad. Their duties may include speaking on U.S. policy, advising the U.S. government on foreign policy matters, and coordinating American personnel within their jurisdiction. Ambassadors are expected to possess delegated sovereign authority to speak and act on behalf of the United States.

Historical Context and Practice

The appointment of ambassadors has been informed by historical practices. Since the early days of the Republic, the executive branch has held the view that the president has independent and inherent authority to create diplomatic offices. This view is supported by the actions of President George Washington, who appointed diplomats subject to Senate confirmation, even without specific congressional statutes creating diplomatic posts.

In summary, the power to appoint ambassadors is a significant tool for presidents to shape foreign policy and advance their legislative priorities. By nominating individuals who share their policy goals and vision, presidents can ensure that U.S. ambassadors represent the nation's interests and values effectively on the world stage.

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