Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

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.


Read full interaction below »
Ask Your Own Legal Question

Resolved Question:

Can the president make laws without congress approval?
Submitted: 6 years ago.
Answered in 17 minutes by:
1/9/2012
Lawyer: Thomas Swartz, Attorney replied 6 years ago
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3,196
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified
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.

Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3,196
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Verified
Thomas Swartz and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Thomas Swartz Your Own Question
Thomas Swartz
Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
Satisfied Customers: 3,196
3,196 Satisfied Customers
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Thomas Swartz is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
Does it constitute breech of contract when, The party of the
Does it constitute breech of contract when, The party of the first part and the party of the second part sign a contract, then, without the knowledge of the party of the second part, the party of the … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
My car insurance policy was canceled because I was
Hi, my car insurance policy was canceled because I was ill-informed is there something I can do? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
A life insurance policy which was cancelled in October,
a life insurance policy which was cancelled in October, November, and December, and on auto-pay has still not ceased. what to do? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Can leaving a note on someone's windshield constitute
Can leaving a note on someone's windshield constitute vandalism as long as the note does not get stuck and cause damage?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
In the state of PA, what constitutes felony 3 criminal
Hello. In the state of PA, what constitutes felony 3 criminal tresspassing? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
What constitutes elder abuse? South Dakota. My mother is in
No. My mother is in early stages of Alzheimer's Disease and has been talked into paying thousands of dollars in bills my brother has accumulated. My brother is also in POA for my mother's personal bank accounts, trustee of the irrevocable trust and executor of her will. He has denied the beneficiaries an annual report of the trust accounting which we have a right to see. We have requested a accounting for 2 years and still have not seen one. How do we go to court to get one? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,899 satisfied customers
Does a Union Hearing constitute Legal Process??....Civil
Does a Union Hearing constitute Legal Process??....Civil cases in Illinois have a 5 year Statute of Limitation!!...Does a Union Hearing count as a CIVIL PROCEDURE in Breach of CONTRACT?? … read more
Thomas Swartz
Thomas Swartz
Attorney
3,196 satisfied customers
Our Church is making a change to the Constitution. Where
Our Church is making a change to the Constitution. Where Articles of Faith have been a stand alone document, is now being place into the Constitution. … read more
Damien Bosco
Damien Bosco
3,395 satisfied customers
I am wondering if it is against constitutional rights for a
Hi I am wondering if it is against constitutional rights for a detention facility to freeze an inmate's commisary account? There is no information that states anywhere that there is a limit to the amo… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Is there ever a med pay deductible on a homeowners policy?
Is there ever a med pay deductible on a homeowners policy? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
If public policy bars a plaintiff from recovering on a
If public policy bars a plaintiff from recovering on a contract, would that be an issue on appeal?… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
This is related to business contracts and what constitutes
This is related to business contracts and what constitutes assignment. Is a transfer of stock (60%) considered an assignment under NY State law? There is not change in the existing company or persons … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
What constitutes a conflick- of -interest within a
What constitutes a conflick- of -interest within a non-profit org? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,324 satisfied customers
I am the beneficiary of a life insurance policy and the
I am the beneficiary of a life insurance policy and the insurance company won't make the check out to me.they keep sending it to the estate of Don Sergott so the bank won't cash it. I called them and … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I Need to talk to a constitutional lawyer. In the United
In the United States Constitution says we have a right to regress of grievances, How is that done? … read more
Edward Young
Edward Young
Juris Doctor
159 satisfied customers
HO2 and Wind policies in place and premiums paid with Trust
HO2 and Wind policies in place and premiums paid with Trust as named insured. Deed recorded in FL naming three co-partners/equal shares. Insurance carriers require new application for each policy. How… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Can a policy owner borrow against a life policy without the
can a policy owner borrow against a life policy without the signature of an irrevocable beneficiary … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Considering US Constitution does not force any official
Considering US Constitution does not force any official language, and that USCIS is a federal organization: - What can one do to have USCIS allow an interpreter for citizenship tests in any language b… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x