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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3023
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Can the president make laws without congress approval?

No. The Congress has the authority to pass laws which the President must sign before they become laws.

However, the President does have certain powers of the Executive Branch under Article III of the 
Constitution. For instance:

·         The President is the Commander in Chief of the armed forces and as such can command the armed forces.

·         The President can make treaties with Senate approval.

·         The President can nominate the heads of governmental departments and judges with Senate approval.

·         The President can issue executive orders.

·         The President can issue pardons for federal offenses.

·         The President can convene Congress for special sessions.

 

Of the above, Executive Orders are the most problematic. They are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. Although they are not considered "laws" as such, they have the same legal weight as laws passed by Congress, and they do not need Congressional approval.


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Resolved Question:

Can the president make laws without congress approval?
Submitted: 4 years ago.
Category: Legal
Expert:  Thomas Swartz replied 4 years ago.
No. The Congress has the authority to pass laws which the President must sign before they become laws.

However, the President does have certain powers of the Executive Branch under Article III of the Constitution. For instance:

  • The President is the Commander in Chief of the armed forces and as such can command the armed forces.
  • The President can make treaties with Senate approval.
  • The President can nominate the heads of governmental departments and judges with Senate approval.
  • The President can issue executive orders.
  • The President can issue pardons for federal offenses.
  • The President can convene Congress for special sessions.

Of the above, Executive Orders are the most problematic. They are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. Although they are not considered "laws" as such, they have the same legal weight as laws passed by Congress, and they do not need Congressional approval.

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