Does Trump Need Congress Approval to Change an Existing Law?
The ratification of an amendment extending legislative power to the utive branch is the first step in the process for a U.S. president to change a law.
The process for a president to change a rule is already in place. Government agencies create rules or regulations, and the government agencies report to the president. However, the amendment process would require 2/3 of Congress but changing rules require nothing from Congress. In this article, we will explore the different avenues available to a president to influence laws without needing to amend them.
Understanding the Scope of Presidential Powers
Only Congress has the authority to change the actual text of a law. The president serves to set policies and give utive orders to agencies, but he does not have the power to change laws directly. If a president wishes to change an existing law, he must rely on Congress to enact new legislation. If he attempts any alteration beyond this, he effectively overreaches his authority and potentially commits an act of executive overreach.
Enacting New Legislation
Should a future president like Trump get elected, they could draft a bill in the legislature. If that bill is signed into law by the president, it has the power to create a new law, repeal an existing one, or alter an existing law. This is the only direct way a president can change a law, as outlined by the Constitution.
What is an Executive Order?
An executive order is a directive issued by the president to federal agencies and departments, guiding how they should interpret and implement laws. Executive orders do not create new laws but can influence the application of laws. They direct the priorities of utive branch employees, but they cannot instruct employees to do anything that is not already legal under the law.
For example, an executive order may specify how often utive branch employees must perform a specific task, as long as the law does not specify a specific time or condition for performing that task. The executive order can set the scope and timing of this task, but it cannot legally require employees to do something that is not already required by law.
Cannot Change Existing Laws with Executive Order
Executive orders are not a tool for changing existing laws. Trump, as a presidential candidate, cannot change any law at all. Even when he was president, he faced strict limits on his ability to change existing laws. He could suggest legislation, request funding, or issue executive orders, but he could not create or amend laws himself.
Laws Are Passed Only by Congress
Laws are passed exclusively by Congress. The president can veto a law, but even a presidential veto can be overridden by a two-thirds majority vote in both the House and Senate. This means that without Congressional approval, a president cannot directly change an existing law.
For a president to have an influence on the lawmaking process, he would need the support of Congress. He could draft a bill, present it to Congress, and work with lawmakers to get it passed. Once the bill is signed into law, it has the power to change the existing legal framework.
However, since the president is a political figure and not a legislative one, even a president's best efforts to shape legislation may not be successful without the cooperation of Congress. This is why the separation of powers is a crucial aspect of the American democratic system.
Conclusion
While the president has significant influence on policy through executive actions and by setting priorities for federal agencies, he cannot change an existing law without the support of Congress. The Constitution is clear on this: only Congress has the authority to make or change laws. The separation of powers ensures that no branch of government can overpower the legislative process without the necessary checks and balances.