Where in the Constitution does it say that the President can legislate?
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
March 28, 2024, 07:28:35 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: World politics is up Schmitt creek)
  Where in the Constitution does it say that the President can legislate?
« previous next »
Pages: [1]
Author Topic: Where in the Constitution does it say that the President can legislate?  (Read 503 times)
All Along The Watchtower
Progressive Realist
Atlas Icon
*****
Posts: 15,426
United States


Show only this user's posts in this thread
« on: July 13, 2020, 12:28:54 AM »

Huh
Logged
Damocles
Sword of Damocles
Sr. Member
****
Posts: 2,743
United States


Show only this user's posts in this thread
« Reply #1 on: July 13, 2020, 03:44:27 AM »

Article Two of the 1789 constitution gives the President broad authority to issue executive orders that manage the operations of the executive branch. Acts of Congress may also give the President the authority to enforce specific legislation as he sees fit, called delegated legislation.

Considering how paralyzed Congress often is, it’s not hard to see why they’d delegate so much to the President just to get something done. The fact is that the gridlock naturally evolves a system to overcome the gridlock, and in this case, hey presto - authoritarianism and the compromise of legislative authority!
Logged
brucejoel99
Atlas Icon
*****
Posts: 19,452
Ukraine


Political Matrix
E: -3.48, S: -3.30

Show only this user's posts in this thread
« Reply #2 on: July 13, 2020, 01:41:53 PM »

The President's legislative power springs primarily from Article I, Section 7, which states that "Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States." If the President signs a bill, it becomes law. If not, it's returned to Congress, which can pass the bill over the President's objection by a 2/3rds vote in both houses. Together with the President's Article II duty to "recommend to [Congress'] consideration such measures as he shall judge necessary and expedient," this "veto power" gives the President a vital role in the legislative process.

That role, however, is limited to proposing & blocking legislation (& indirectly influencing the content of legislation through the selective exercise of those powers). In no circumstance can the President legislate on their own authority without the concurrence & collaboration of both houses of Congress.
Logged
Del Tachi
Republican95
Atlas Icon
*****
Posts: 17,711
United States


Political Matrix
E: 0.52, S: 1.46

P P P

Show only this user's posts in this thread
« Reply #3 on: July 23, 2020, 10:55:56 AM »

J. W. Hampton, Jr. & Co. v. United States (1928) establishes that delegation of its power to the executive branch is an implied power of Congress.
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.027 seconds with 11 queries.