Chief Legislator: Article II, Section 3 of the constitution makes the president the chief legislator, recommending legislation to Congress and exercising the veto power where necessary.
President can propose bills and must sign bills into laws.
As the chief legislator the President’s job is to try to get laws he believes the country needs and to make laws that would be good for our country.
President presents agenda to Congress during the State of the Union message.
President often calls members of Congress to lobby for his agenda.
Even though the President is not really allowed to pass laws on his own he is able to write legislation and try to influence their passage in Congress.
In efforts to influence Congress, presidents are most successful during their honeymoon, lasting from the first several months to a year after they assume the office.
FDR, Bush (after 911), Truman (expanded social security, the Truman Doctrine). Party control of Congress interferes with Presidents agenda.
The process of the Veto: The president has power to say no to legislation through the use of the veto. The Constitution requires that every bill passed by the House and the Senate be sent to the president before it becomes a law.
The President must act by:
Signing bill into law.
If bill is not sent back to Congress after 10 days, the bill becomes a law without Presidents signature.
President can send the bill back to Congress with a veto. Congress can change the bill or override the veto with a 2/3 roll call vote.
Pocket Veto: Ignoring legislation, or "putting a bill in one's pocket" until Congress adjourns. The U.S. Constitution requires the President to sign or veto any legislation placed on his desk within ten days (Not including Sundays). If he does not then it becomes law by default. The one exception to this rule is if Congress adjourns before the ten days is up. In such a case the bill does not become law, it is effectively, but not actually, vetoed.
Line-item veto: The power of an executive to veto individual lines or items within a specific piece of legislation without vetoing the entire bill. In 1996 Congress passed law providing for the veto. However, Pres. Clinton only President to use it. Congress became upset when Pres. Clinton vetoed 38 million in military construction projects. In 1998 Supreme Court overturned the act stating there was no provision in the Constitution that authorizes the president to enact, to amend or to repeal statutes.
The President has special powers that are not available in other branches of the government such as:
Executive privilege: Refers to the assertion made by the President or other executive branch officials when they refuse to give Congress, the courts, or private parties information or records which have been requested or subpoenaed, or when they order government witnesses not to testify before Congress. The assertion is based on the constitutional doctrine of separation of powers. It is usually controversial, subject to interpretation, and often litigated. Executive privilege is at its weakest in terms of criminal activity. For example, U.S. vs. Nixon, (Watergate) a subpoena was issued to Pres. Nixon to produced Oval office tapes and written records but Nixon resisted on grounds of the executive privilege. However, the Supreme Court ordered Nixon to divulge the tapes due to the fact that the privilege must yield to the interests of the government.
Emergency Powers: The President of the United States has available certain powers that may be exercised in the event that the Nation is threatened by crisis, exigency emergency circumstances. Such powers may be stated explicitly or implied by the Constitution, assumed by the Chief Executive to be constitutionally permissible, or inferred from or specified by statute. Through legislation, Congress has made a great many delegations of authority in this regard over the past 200 years. Examples: National emergency declared by President Roosevelt after fall of France in WWII and mobilized the economy for war, there are also the national emergency proclaimed by President Truman on December 16, 1950, during the Korean conflict, and the state of national emergency declared by President Nixon on March 23, 1970 (Postal Strike).
Executive Orders: President can issue orders that have the force of the law. The president can enforce legislative statues, treaties with foreign nations, modify rules and practices of executive administrative agencies. Requirement: orders published in Federal Register. Examples: FDR made the most executive orders. President Nixon’s Executive Order No. 11615 of 1971, which imposed a freeze on prices, rents, wages and salaries. Roosevelt’s establishment of internment camps for Japanese-Americans was likewise based on Executive Order No. 9066 of February 19, 1942. Thanksgiving proclamation-FDR.
Impoundment of Funds: Part of the Budget and Impoundment Control Act of 1974, Congress required President to spend all appropriated funds. If President does not spend all funds, he must notify Congress. Congress must agree within 45 days. 1975 Supreme Court ruled President must spend money appropriated by Congress due to his/her constitutional obligation to take care that laws are executed. Ex: Nixon wanted to reduce federal spending and refused to spend the appropriated funds. However, Supreme Court rules that he must spend all money appropriated by Congress.