Legislative Power

Legislative Power in the United States

Legislative Power Definition

The authority, under the constitution, to make laws, and to alter or repeal them.

Legislative Power: Introduction and History

Despite the Constitutional provision that “all legislative powers” shall be vested in the Congress, the president, as the chief formulator of public policy, has a major legislative role. The president can veto any bill passed by Congress and, unless two-thirds in each house vote to override the veto, the bill does not become law. Much of the legislation dealt with by Congress is drafted at the initiative of the executive branch. In an annual and special messages to Congress, the president may propose legislation he or she believes is necessary. If Congress should adjourn without acting on those proposals, the president has the power to call it into special session. But, beyond all this, the president, as head of a political party and as principal executive officer of the U.S. government, is in a position to influence public opinion and thereby to influence the course of legislation in Congress. To improve their working relationships with Congress, presidents in recent years have set up a Congressional Liaison Office in the White House. Presidential aides keep abreast of all important legislative activities and try to persuade senators and representatives of both parties to support administration policies. (1)

According to the Encyclopedia of the American Constitution, “Legislative power is a distinctly modern conception which presupposes a modern understanding of “law.” In medieval Europe the authority of laws was variously attributed to God, nature, or custom; human authorities “found” or “declared” or enforced the law” but were not thought to have authority of laws.

Other Presidential Powers

These include: (but there is more information under presidential powers here)

Judicial Powers

Among the president’s constitutional powers is that of appointing important public officials; presidential nomination of federal judges, including members of the Supreme Court, is subject to confirmation by the Senate.

Executive Powers

Within the executive branch itself, the president has broad powers to manage national affairs and the workings of the federal government.