Editing President of the United States (section)

== Legislative powers ==
[[Vesting Clauses|Article I, Section{{nbsp}}1]] of the Constitution vests all [[Right of initiative (legislative)|lawmaking power]] in Congress's hands, and [[Ineligibility Clause|Article 1, Section 6, Clause{{nbsp}}2]] prevents the president (and all other executive branch officers) from simultaneously being a member of Congress. Nevertheless, the modern presidency exerts significant power over legislation, both due to constitutional provisions and historical developments over time.

=== Signing and vetoing bills ===
[[File:Lyndon Johnson signing Civil Rights Act, July 2, 1964.jpg|alt=|thumb|President [[Lyndon B. Johnson]] signs the [[Civil Rights Act of 1964|1964 Civil Rights Act]] at the [[White House]] on July 2, 1964, as [[Martin Luther King Jr.]] and others look on.]]
The president's most significant legislative power derives from the [[Presentment Clause]], which gives the president the power to veto any [[Bill (law)|bill]] passed by [[United States Congress|Congress]]. While Congress can override a presidential veto, it requires a [[Supermajority#Two-thirds vote|two-thirds vote]] of both houses, which is usually very difficult to achieve except for widely supported bipartisan legislation. The framers of the Constitution feared that Congress would seek to increase its power and enable a "tyranny of the majority", so giving the indirectly elected president a veto was viewed as an important check on the legislative power. While George Washington believed the veto should only be used in cases where a bill was unconstitutional, it is now routinely used in cases where presidents have policy disagreements with a bill.  The veto – or threat of a veto – has thus evolved to make the modern presidency a central part of the American legislative process.

Specifically, under the Presentment Clause, once a bill has been presented by Congress, the president has three options:
# Sign the legislation within ten days, excluding Sundays, the bill [[Coming into force|becomes law]].
# [[Veto power in the United States|Veto]] the legislation within the above timeframe and return it to the house of Congress from which it originated, expressing any objections, the bill does not become law, unless both houses of Congress vote to override the veto by a [[Supermajority#Two-thirds vote|two-thirds vote]].
# Take no action on the legislation within the above timeframe—the bill becomes law, as if the president had signed it, unless Congress is adjourned at the time, in which case it does not become law, which is known as a [[pocket veto]].

In 1996, Congress attempted to enhance the president's veto power with the [[Line Item Veto Act of 1996|Line Item Veto Act]]. The legislation empowered the president to sign any spending bill into law while simultaneously striking certain spending items within the bill, particularly any new spending, any amount of discretionary spending, or any new limited tax benefit. Congress could then repass that particular item. If the president then vetoed the new legislation, Congress could override the veto by its ordinary means, a two-thirds vote in both houses. In ''[[Clinton v. City of New York]]'', {{ussc|524|417|1998}}, the [[Supreme Court of the United States|U.S. Supreme Court]] ruled such a legislative alteration of the veto power to be unconstitutional.

=== Setting the agenda ===
[[File:Donald Trump State of the Union 2018 (26133528958).jpg|alt=|thumb|President [[Donald Trump]] delivers his [[2018 State of the Union Address]] before [[United States Congress|Congress]]]]
For most of American history, candidates for president have sought election on the basis of a promised legislative agenda. [[Article Two of the United States Constitution#Section 3: Presidential responsibilities|Article II, Section 3, Clause 2]] requires the president to recommend such measures to Congress which the president deems "necessary and expedient". This is done through the constitutionally-based [[State of the Union]] address, which usually outlines the president's legislative proposals for the coming year, and through other formal and informal communications with Congress.

The president can be involved in crafting legislation by suggesting, requesting, or even insisting that Congress enact laws that the president believes are needed. Additionally, the president can attempt to shape legislation during the legislative process by exerting influence on individual members of Congress.<ref>{{Cite web |url=https://www.heritage.org/constitution/#!/articles/2/essays/95/recommendations-clause |title=Essays on Article II: Recommendations Clause |last=Pfiffner |first=James |website=The Heritage Guide to the Constitution |publisher=[[The Heritage Foundation]] |access-date=April 14, 2019}}</ref> Presidents possess this power because the Constitution is silent about who can write legislation, but the power is limited because only members of Congress can introduce legislation.<ref>{{Cite web |url=https://www.whitehouse.gov/about-the-white-house/the-legislative-branch/ |title=Our Government: The Legislative Branch |website=www.whitehouse.gov |publisher=The White House |location=Washington, D.C. |access-date=April 14, 2019}}</ref>

The president or other officials of the executive branch may draft legislation and then ask senators or representatives to introduce these drafts into Congress. Additionally, the president may attempt to have Congress alter proposed legislation by threatening to veto that legislation unless requested changes are made.<ref>{{Cite web |url=https://fas.org/sgp/crs/misc/R42843.pdf |title=Introduction to the Legislative Process in the U.S. Congress |last=Heitshusen |first=Valerie |date=November 15, 2018 |website=R42843 · Version 14 · updated |publisher=Congressional Research Service |location=Washington, D.C. |access-date=April 14, 2019}}</ref>

=== Promulgating regulations ===
Many laws enacted by Congress do not address every possible detail, and either explicitly or implicitly delegate powers of implementation to an appropriate federal agency. As the head of the executive branch, presidents control a vast array of [[List of federal agencies in the United States|agencies]] that can issue regulations with little oversight from Congress.

In the 20th century, critics charged that too many legislative and budgetary powers that should have belonged to Congress had slid into the hands of presidents. One critic charged that presidents could appoint a "virtual army of 'czars'—each wholly unaccountable to Congress yet tasked with spearheading major policy efforts for the White House".<ref name="tws28sep08">{{Cite news |last=Cantor |first=Eric |url=https://www.washingtonpost.com/wp-dyn/content/article/2009/07/29/AR2009072902624.html |title=Obama's 32 Czars |date=July 30, 2009 |newspaper=The Washington Post |access-date=September 28, 2009}}</ref> Presidents have been criticized for making [[signing statement]]s when signing congressional legislation about how they understand a bill or plan to execute it.<ref name="tws04oct08">{{Cite news |last=Nelson |first=Dana D. |url=http://www.latimes.com/news/opinion/la-oe-nelson11-2008oct11,0,224216.story |title=The 'unitary executive' question |date=October 11, 2008 |work=Los Angeles Times |access-date=October 4, 2009}}</ref> This practice has been criticized by the [[American Bar Association]] as unconstitutional.<ref name="tws11nov301">{{Cite news |last=Suarez |first=Ray |url=https://www.pbs.org/newshour/bb/white_house/july-dec06/signing_07-24.html |title=President's Use of 'Signing Statements' Raises Constitutional Concerns |date=July 24, 2006 |access-date=November 11, 2009 |url-status=dead |archive-url=https://web.archive.org/web/20070321035900/http://www.pbs.org/newshour/bb/white_house/july-dec06/signing_07-24.html |archive-date=March 21, 2007 |publisher=PBS Online NewsHour |quote=The American Bar Association said President Bush's use of "signing statements", which allow him to sign a bill into law but not enforce certain provisions, disregards the rule of law and the separation of powers. Legal experts discuss the implications. |display-authors=etal }}</ref> Conservative commentator [[George Will]] wrote of an "increasingly swollen executive branch" and "the eclipse of Congress".<ref name="tws28sep">{{Cite news |last=Will |first=George F. |url=https://www.washingtonpost.com/wp-dyn/content/article/2008/12/19/AR2008121902929.html |title=Making Congress Moot |date=December 21, 2008 |newspaper=The Washington Post |access-date=September 28, 2009}}</ref>

=== Convening and adjourning Congress ===
To allow the government to act quickly in case of a major domestic or international crisis arising when Congress is not in session, the president is empowered by [[Article Two of the United States Constitution#Clause_3:_Extraordinary_sessions_and_prorogation_of_Congress|Article II, Section{{nbsp}}3]] of the Constitution to call a [[special session]] of one or both houses of Congress. Since [[John Adams]] first did so in 1797, the president has called the full Congress to convene for a special session on 27 occasions. [[Harry S. Truman]] was the most recent to do so in July 1948, known as the [[Turnip Day Session]]. In addition, prior to ratification of the [[Twentieth Amendment to the United States Constitution|Twentieth Amendment]] in 1933, which brought forward the date on which Congress convenes from December to January, newly [[United States presidential inauguration|inaugurated]] presidents would routinely call the Senate to meet to confirm nominations or ratify treaties. In practice, the power has fallen into disuse in the modern era as Congress now formally remains in session year-round, convening pro forma sessions every three days even when ostensibly in recess. Correspondingly, the president is authorized to adjourn Congress if the House and Senate cannot agree on the time of adjournment; no president has ever had to exercise this power.<ref>{{Cite web |url=https://www.heritage.org/constitution/#!/articles/2/essays/96/convening-of-congress |title=Essays on Article II: Convening of Congress |last=Forte |first=David F. |website=The Heritage Guide to the Constitution |publisher=Heritage Foundation |access-date=April 14, 2019}}</ref><ref>{{Cite magazine |last=Steinmetz |first=Katy |date=August 10, 2010 |title=Congressional Special Sessions |url=https://content.time.com/time/politics/article/0,8599,2009480,00.html |magazine=[[Time (magazine)|Time]] |access-date=April 14, 2019}}</ref>